(A) Applicability and exemptions.
(1) This chapter shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of the Town Drainage Board and/or the Town Public Works Commissioner, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping and contaminated runoff.
(2) Stormwater runoff from agricultural, timber harvesting and mining activities is exempted from the requirements of this chapter, unless determined to contain pollutants not associated with those activities or in excess of standard practices. Farm residences are not included in this exemption.
(3) Any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written acceptance has been granted for the subject discharge to the storm drain system, is also exempted from this chapter.
(B) Prohibited discharges and connections.
(1) No person shall discharge to a MS4 conveyance, watercourse or waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater, through the use of best management practices (BMP).
(2) The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner is authorized to require dischargers to implement pollution prevention measures, utilizing BMP, necessary to prevent or reduce the discharge of pollutants into the town’s stormwater drainage system.
(C) Exempted discharges and connections. Notwithstanding other requirements in this subchapter, the following categories of non-stormwater discharges or flows are exempted from the requirements of this chapter:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated groundwater infiltration;
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) De-chlorinated swimming pool discharges;
(18) Street wash water;
(19) Discharges from firefighting activities;
(20) Naturally introduced detritus (e.g., leaves and twigs); and
(21) Dye-testing authorized by the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner.
(D) Storage of hazardous or toxic material. Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment, as approved by the Town Engineer so as to prevent any like materials from entering any temporary or permanent stormwater conveyance or watercourse.
(E) Private property maintenance duties. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse located within their property boundaries, free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function or physical integrity of the watercourse.
(F) Spill reporting.
(1) Any discharger who accidentally discharges into a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the County Emergency Management Agency and the Town Public Works Commissioner concerning the discharge.
(2) A written report concerning the discharge shall be filed with the Public Works Commissioner’s office and IDEM, by the dischargers, within five days.
(3) The written report shall specify:
(a) The composition of the discharge and the cause thereof;
(b) The date, time and estimated volume of the discharge;
(c) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
(d) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(4) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this subchapter against a discharger for the discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(G) Inspections and monitoring.
(1) Storm drainage system. The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner has the authority to periodically inspect the portion of the storm drainage system under the town’s control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(2) Potential polluters. If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this subchapter. Upon request, the discharger shall allow the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of the inspection or sampling. The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner or its properly identified representative may place on the discharger’s property the equipment or devices used for sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in § 52.29.
(3) New development and re-development. Following the final completion of construction and the receipt of as-built drawings in compliance with § 52.28(I) by the Town Engineer’s office, the Town Drainage Board and/or Town Engineer and/or the Town Public Works Commissioner has the authority to inspect new development and re-development sites to verify that all on-site stormwater conveyances and connections to the storm drainage system are in compliance with this chapter.
(H) Dry weather screening. The following items are procedures for administrative actions to be taken for dry weather screening:
(1) Illicit discharge investigation procedure for dry weather screening; and
(2) Dry weather screening enforcement procedure and escalation plan.
(Ord. 030805, passed - -2005)