Ordinance

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. O-16-16

APPROVED SCOTT AVEDISIAN

August 15, 2016 MAYOR

CHAPTER 66

SEWERS AND SEWAGE DISPOSAL

Be it ordained by the City of Warwick:

Section I. Chapter 66 of the Code of Ordinances of the City of Warwick is hereby amended, as follows:

See Exhibit A, attached hereto and incorporated herein by reference.

Section II. The City Clerk of the City of Warwick is hereby authorized and directed to cause said changes to be made to the relevant provisions of the Code of Ordinances for the City of Warwick.

Section III. This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY:

COUNCILMAN COLANTUONO ON BEHALF OF MAYOR AVEDISIAN

COMMITTEE: ORDINANCE

Attest:

Judy Wild, City Clerk

EXHIBIT A

Chapter 66

Article I – General Provisions

Article II - Illicit Connections and Discharges to the Municipal Separate Storm Sewer

Sec. 66-7. Purpose.

The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Warwick through the regulation of non-storm water discharges to the City of Warwick’s Municipal Separate Storm Sewer System (“MS4”). Specifically, this ordinance is intended to:

(a) Prohibit illicit connections and discharges to Warwick’s Municipal Separate Storm Sewer System.

(b) Prevent or reduce to the maximum extent possible, impairment to waters of the state and pollutants from entering the Warwick’s Municipal Separate Storm Sewer System.

(c) Provide for compliance with the relevant federal statutes, state law and regulations related to storm water discharges, including but not limited to the General Permit Rhode Island Pollutant Elimination System Storm Water Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s, as modified and/or re-issued.

(d) Prohibit, and enforce such prohibition against non-storm water discharges that are not expressly authorized under a Rhode Island Pollutant Discharge Elimination System Permit, including but not limited to allowable non-storm water discharges that are deemed to be significant contributors of pollutants to Warwick’s Municipal Separate Storm Sewer System.

(e) Prevent improper disposal and handling of waste, litter, yard waste, pet waste and household hazardous waste that might otherwise contribute to pollution or impairment of waters of the State via Warwick’s Municipal Separate Storm Sewer System.

Sec. 66-8. Authority.

This ordinance is issued in accordance with the relevant requirements of Title 45 Towns and Cities, Chapter 6 Ordinances (R.I.G.L. 45-6-1, et seq, as amended).

Sec. 66-9. Definitions.

The Term “Allowable Non-Storm Water Discharges” means discharges expressly allowed pursuant to a Rhode Island Pollutant Discharge Elimination System Permit. In accordance with Part I.B.3 of the General Permit Rhode Island Pollutant Discharge Elimination System Storm Water Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s and provided such discharges are not deemed Significant Contributors of Pollutants, defined as a discharge or source of pollutants identified by the City and/or State as having a reasonable potential to cause or contribute to an in-stream excursion above the applicable water quality standard including designated uses or designated as a significant contributor of pollutants to the MS4 or waters of the State as designated through a TMDL or other water quality determination provisions in accordance with Rule 31 (a)(1)(vii) and Rule 31(a)(1)(viii), to the MS4, Allowable Non-Storm Water Discharges may include, but are limited to the following:

(a) Discharges which result from the wash down of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing.

(b) External building wash down where no detergents are used.

(c) Use of water to control dust.

(d) Firefighting activities.

(e) Fire hydrant flushings.

(f) Natural springs.

(g) Uncontaminated groundwater.

(h) Dechlorinated pool discharges.

(i) Air conditioning condensate.

(j) Lawn watering.

(k) Potable water sources including waterline flushings.

(l) Irrigation drainage.

(m) Pavement washwaters where spills or leaks of toxic or Hazardous Materials have not occurred (unless all spilled materials have been removed) and where detergents are not used.

(n) Discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or Hazardous Materials have occurred.

(o) Uncontaminated utility vault dewatering.

(p) Dechlorinated water line testing water.

(q) Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

(r) Discharges from sump pumps where flows are not contaminated with process materials such as solvents, nor contaminated with wastes, nor contaminated by contact with hazardous materials.

The term “Authorized Enforcement Agent,” for the purposes of this Ordinance, means the Director of the City of Warwick Department of Public Works or his/her representative, who is a Warwick city employee, director, agent, officer, or consultant acting to implement or enforce this ordinance.

The term “Discharge(s)” means the addition of any Pollutant to Municipal Separate Storm Sewer System from any Point Source.

The term “Illicit Discharge(s)” means any Discharge to the Municipal Separate Storm Sewer System or Watercourses that is not composed entirely of storm water with the exception of Allowable Non-Storm Water Discharges expressly allowed pursuant to a Rhode Island Pollutant Discharge Elimination System Permit, provided such discharges are not deemed Significant Contributors of Pollutants to the MS4.

The term “Municipal Separate Storm Sewer System” or ?MS4? means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, ditches, man-made channels, or storm drains):

(1) Owned or operated by the City.

(2) Designed or used for collecting or conveying storm water.

(3) Which is not a combined sewer.

(4) Which is not part of a sanitary sewer publicly owned treatment works.

The term “Operator” means the party or parties that either individually or taken together have the day-to-day operational control over activities at the facility and the ability to make modifications to such activities.

The term “Owner” means the party or parties that either individually or taken together has legal title to any premise.

The term “Person” means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation) partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency or department of state or federal government (including quasi-governmental corporation) or of any interstate body and any agent or employee thereof.

The term “Point Source(s)” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel, or other floating craft, from which Pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

The term “Pollutant(s)” means any dredged material, solid waste, incinerator residue, sewage, garbage, sewage sludge, sediment, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial or municipal or agricultural waste or effluent, petroleum or petroleum products, including but not limited to oil; or any material which will likely alter the physical, chemical, biological, or radiological characteristics and/or integrity of water, such as any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, agricultural waste, pet waste, litter, yard waste or household hazardous waste.

The term “RIPDES” means the Rhode Island Pollutant Discharge Elimination System.

The term “Watercourse” means a natural or man-made surface drainage channel or body of water (including a lake or pond) through which a water flow occurs, either continuously or intermittently.

Sec. 66-10. Prohibited Discharges or Connections.

No Person shall Discharge or cause Discharge into a Municipal Separate Storm Sewer System or Watercourses, which is not comprised entirely of storm water, unless such Discharge is an Allowable Non-Storm Water Discharge as defined in this ordinance or is authorized by a RIPDES Permit. This shall include, but is not limited to the following:

(a) The construction, use, maintenance, or continued existence of illicit connections to the MS4 storm drain system.

(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(c) A Person is considered to be in violation of this ordinance if the Person connects a line conveying sewage Pollutant(s) to the MS4, or allows such a connection to continue.

Sec. 66-11. Suspension of Municipal Separate Storm Sewer System Access.

Any Person discharging to the Municipal Separate Storm Sewer System in violation of this ordinance may have their Municipal Separate Storm Sewer System access terminated if such termination would abate or reduce an Illicit Discharge. The Authorized Enforcement Agent will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Agent for reconsideration and/or a hearing. A Person commits a separate violation if a Person reinstates Municipal Separate Storm Sewer System access to a premises terminated pursuant to this section, without the prior approval of the Authorized Enforcement Agent.

Sec. 66-12. RIPDES Permitted Discharges.

Any Person subject to a RIPDES permit shall comply with all provisions of such permit and provide notice to the Authorized Agent of to discharging to the MS4. Proof of compliance with said permit may be required in a form acceptable to the Authorized Enforcement Agent prior to discharge or connection to the MS4, or at any time requested by the Authorized Enforcement Agent.

Sec. 66-13. Inspections and Monitoring.

To the extent permitted by State law or this Ordinance, or if authorized by the Owner or other party in control of the property, the Authorized Enforcement Agent shall be permitted, upon the presentation of credentials and other documents, as may be required by law, to enter upon privately owned property for the purpose of performing their duties under this ordinance and may make or cause to be made such examinations, inspections, surveys, monitoring, or sampling as the Authorized Enforcement Agent deems reasonably necessary, and shall have access to and copy, at reasonable times, any records that must be kept as required under any applicable permit.

Sec. 66-14. Requirement to Prevent, Control and Reduce Storm Water Pollutants.

In an attempt to prevent, control, and reduce storm water Pollutants, any Person engaged in activities or operations, or owning facilities or property which will or may result in Pollutants entering storm water, the MS4 storm sewer system or waters of the State shall implement Best Management Practices to the extent they are technologically achievable to prevent and reduce such Pollutants. The Owner or Operator of a commercial or industrial establishment shall provide reasonable protection from accidental Discharge of prohibited materials or other wastes into the Municipal Separate Storm Sewer System or Watercourses. Facilities to prevent accidental Discharge of prohibited materials or other wastes shall be provided and maintained at the Owner or Operator’s expense.

Sec. 66-15. Watercourse Protection.

Every Person owning property through which a Watercourse passes, or such Person’s lessee, shall keep and maintain that part of the Watercourse within the property reasonably 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 such structures will not become a hazard to the use, function, or physical integrity of the Watercourse. The Owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the Watercourse to erosion. The property Owner or lessee shall be responsible for maintaining and stabilizing that portion of the Watercourse that is within their property lines in order to protect against erosion and degradation of the Watercourse originating or contributed from their property. Nothing in this section shall preclude any Owner/lessee from compliance with relevant provisions of the Rhode Island Freshwater Wetlands Act, R.I.G.L. 2-1-18, et seq., or other applicable laws or regulations.

Sec. 66-15 6. Notification of Spills.

Notwithstanding other requirements of law, as soon as any Person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in unauthorized Discharges or Pollutants discharging into storm water, the MS4 storm drain system, or waters of the State from said facility, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said Person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said Person shall notify the Authorized Enforcement Agent no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Authorized Enforcement Agent within five (5) business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the Owner or Operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Nothing in this section shall preclude any Owner/lessee from compliance with relevant provisions of the Rhode Island Clean Water Act, R.I.G.L. 46-12-1, et seq. or other applicable laws or regulations.

Sec. 66-167. Notification of Non-Compliance.

If the Authorized Enforcement Agent finds a violation of this ordinance then a written notice from the Authorized Enforcement Agent to compel correction shall be transmitted to the Owner or Operator. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered a violation of this chapter.

Such notice may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or Discharges;

(c) That violating Discharges, practices, or operations shall cease and desist;

(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

(e) Payment of a fine to cover administrative and remediation costs; and

(f) The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Sec. 66-17 8. Appeal of Notice of Non-Compliance.

Any Person receiving a notice of non-compliance may appeal the determination of the Authorized Enforcement Agent. The appeal must be received within thirty (30) days from the date of the receipt of the notice of non-compliance. The appeal shall be in writing and contain a detailed basis upon which the appeal was taken. The Authorized Enforcement Agent shall then determine in writing and within ten (10) days whether to accept the appeal or proceed to issue a notice of violation and cause a summons to issue to the appellant to appear before the Warwick Municipal Court, the District Court or the Superior Court for the State of Rhode Island, pursuant to the relevant jurisdictional provisions in place at the time of any such appeal.

Sec. 66-18 9. Enforcement Measures After Appeal.

If no timely appeal of a notice of violation has been taken and the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten (10) days of the decision of the municipal authority upholding the decision of the Authorized Enforcement Agent, then representatives of the Authorized Enforcement Agent shall undertake all necessary actions, including requesting injunctive relief through the a court of appropriate jurisdiction, to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property.

Sec. 66-19 20. Administrative Orders.

The Authorized Enforcement Agent is authorized to issue the following administrative orders at any time they deem such action appropriate to secure timely and effective compliance with this Ordinance or a Discharge permit or order issued pursuant to this Ordinance, whether or not any previous notifications of violation have been provided to the user.

(a) Cease and Desist Order: The Authorized Enforcement Agent may issue an order to cease and desist a violation or an action or inaction which threatens a violation and to direct the user to comply forthwith or to take such appropriate remedial or preventive action as may be needed to properly address the violation or threatened violation, including halting operations and terminating the discharge.

(b) Compliance Order: The Authorized Enforcement Agent may issue an order requiring a user to provide within a specified period of time, such treatment, pretreatment or discharge control facilities or related appurtenances as are necessary to correct a violation or to prevent a threatened violation. A compliance order may also direct that a user provide improved operation and maintenance of existing discharge facilities, conduct additional self-monitoring or submit appropriate reports or management plans.

(c) Show Cause Order: The Authorized Enforcement Agent may issue an order to show cause as to why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for a meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause as to why the proposed enforcement action should not be taken. Whether or not a duly notified user appears as noticed, additional enforcement action may be initiated.

(d) Consent Order: The Authorized Enforcement Agent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with a user. Such orders shall include specific actions to be taken by the user and specific time frames to correct a violation or to remove the threat of a violation.

Sec. 66-20 1. Penalties for Violation.

Any Person who shall violate any provision of this article shall pay a fine not to exceed two hundred and fifty ($250.00) dollars per day for each day the violation remains unabated. The Authorized Enforcement Agent may, at the discretion of a court of appropriate jurisdiction, undertake measures necessary to abate the violation and restore the property at the Owner or Operator’s expense.

Sec. 66-21 2. Cost of Abatement of the Violation.

Within thirty (30) days after abatement of the violation by or under the direction of the Authorized Enforcement Agent, the Owner or Operator will be notified by the Authorized Enforcement Agent of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the Authorized Enforcement Agent, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any Person violating any of the provisions of this section shall become liable to the City by reason of such violation. The liability shall be immediately due and payable to the City. Interest at the rate of twelve (12) percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.

Sec. 66-22 3. Injunctive Relief.

It shall be unlawful for any Person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a Person has violated or continues to violate the provisions of this ordinance, the Authorized Enforcement Agent may petition to a court of competent jurisdiction for a temporary, preliminary or permanent injunction restraining the Person from activities which would create further violations or compelling the Person to perform abatement or remediation of the violation.

Sec. 66-23 4. Violations Deemed a Public Nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

Sec. 66-24 5. Criminal Prosecution.

Any Person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal prosecution. The Authorized Enforcement Agent may recover all attorney’s fees, court costs and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses.

Sec. 66-25 6. Remedies Not Exclusive.

The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Authorized Enforcement Agent to seek cumulative remedies.

Sec. 66-26 7. Adoption of Ordinance.

This ordinance shall be in full force and effect upon its final passage and adoption and publication as required by law. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Sec. 66-27 8 –39. Reserved.

8/23/16