(a) Other than sediment, no solid or liquid waste, including building materials, shall be discharged in storm water runoff. The site owner must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering the City of Middletown water resources or wetlands. These practices shall include but are not limited to the following:
(1) Construction Site Waste Materials. A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, or gypsum.
(2) Concrete truck wash out. The washing of excess concrete material into a street, catch basin, or other public facility, or into a water resource or wetland, shall not occur. A designated area for concrete washout shall be made available.
(3) Fuel tank storage. All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area.
(4) Toxic or Hazardous Waste Disposal. Any toxic or hazardous waste shall be disposed of properly.
(5) Contaminated. Contaminated Soils Disposal and Runoff Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated sites shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites.
(b) No project subject to this regulation shall commence without an ESC Plan approved by the Engineering and Environmental Services Director.
(c) (1) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(2) The Engineering and Environmental Services Director shall notify the owner when deficiencies are observed, describing the nature of the deficiency, the agreed upon corrective action, and the time period in which to have the deficiency corrected. If after a reasonable amount of time for voluntary compliance, the corrective actions are not undertaken to the satisfaction of the City, the City may issue a Notice of Violation pursuant to Middletown City Codes and proceed with other enforcement remedies as provided by this and other applicable provisions of the Middletown City Codes. Where the violations and/or deficiencies represent an immediate and substantial threat to the public health, safety or welfare, the City may immediately proceed with enforcement remedies as provided by Middletown City Codes and other applicable provisions of the Middletown City Codes.
(3) Upon notice, the Engineering and Environmental Services Director may suspend any active soil disturbing activity for a period not to exceed 90 days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the owner or site owner, and shall state the conditions under which work may be resumed. In instances, however, where the Engineering and Environmental Services Director finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.
(Ord. O2008-29, passed 4-1-2008)