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  • Ordinance Subject: Ordinance 12-006
  • Posted: October 04, 2012 12:26 PM
  • Municipality: North Providence

ORDINANCE 12-006
AN ORDINANCE OF THE TOWN OF NORTH PROVIDENCE
ADDING THERETO CHAPTER 30A entitled “Soil Erosion and
Sedimentation Control”


WHEREAS, the Town Council of the Town of North Providence desires to amend, by Ordinance, its existing Code of Ordinance by adding thereto a specific chapter entitled “Soil Erosion and Sedimentation Control.”

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORTH PROVIDENCE AS FOLLOWS:

SECTION ONE:  That the Code of Ordinances is hereby amended by adding thereto the following chapter entitled “Soil Erosion and Sedimentation Control.”

Sec. 30A-1.     Purpose.

The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the Town of North Providence through the regulation of Non-Storm Water Discharges to the Town of North Providence’s Municipal Separate Storm Sewer.  Specifically, this ordinance is intended to:

(1)	Prevent pollution and impairment to waters of the state through proper operation of the Town of North Providence’s Municipal Separate Storm Sewer.
(2)	Provide for compliance with 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 amended and including, but not necessarily limited to, Parts IV.B.3.a.2 and IV.B.3.b.4.
(3)	Prohibit, and enforce such prohibition against Non-Storm Water Discharges that are not expressly authorized under a Rhode Island Pollutant Discharge Elimination System Permit.  
(4)	Prevent improper disposal and handling of waste, litter, yard waste, and household hazardous waste that might otherwise contribute to pollution or impairment of Waters of the State via the Town of North Providence’s Municipal Separate Storm Sewer.

 
Sec. 30A-2.     Authority.

This ordinance is promulgated pursuant to the requirements of Rhode Island Department of Environmental Management’s 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, including, but not necessarily limited to, Parts IV.B.3.a.2 and IV.B.3.b.4 and in accordance with the Title 45 Towns and Cities, Chapter 6 Ordinances (R.I.G.L. 45-6-1, et seq.).

Sec. 30A-3.     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 to the MS4, Allowable Non-Storm Water Discharges may include, but are limited to the following:
(1)	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.
(2)	External building wash down where no detergents are used.
(3)	Use of water to control dust.
(4)	Firefighting activities.
(5)	Fire hydrant flushings.
(6)	Natural springs.
(7)	Uncontaminated groundwater.
(8)	Dechlorinated pool Discharges.
(9)	Air conditioning condensate.
(10)	Lawn watering.
(11)	Potable water sources including waterline flushings.
(12)	Irrigation drainage.
(13)	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.
 
(14)	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.
(15)	Uncontaminated utility vault dewatering.
(16)	Dechlorinated water line testing water.
(17)	Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

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

The term “Illicit Discharge” means any Discharge to the Municipal Separate Storm Sewer that is not composed entirely of storm water except Discharges pursuant to a Rhode Island Pollutant Discharge Elimination System Permit.

The term “Municipal Separate Storm Sewer System” 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 Town.
(2)	Designed or used for collecting or conveying storm water.
(3)	Which is not a combined sewer.
(4)	Which is not part of a publicly owned treatment works.

The term “Owner or Operator” means the owner or operator of any facility or activity subject to Regulations for the Rhode Island Pollutant Discharge Elimination system, as amended.

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” 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” means 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.

Sec. 30A-4.     Authorized Enforcement Agent.

For the purposes of this Ordinance the authorized enforcement agent means the director of the Town of North Providence Department of Public Works and his/her representatives and North Providence Town Employee acting to implement or enforce this ordinance.

Sec. 30A-5.     Prohibited Discharges.

No Person shall Discharge or cause Discharge into a Municipal Separate Storm Sewer, which is not comprised entirely of storm water, unless such Discharge is an Allowable Non-Storm Water Discharge as defined in this ordinance.

Sec. 30A-6.     Suspension of Municipal Separate Storm Sewer Access.

Any Person discharging to the Municipal Separate Storm Sewer in violation of this ordinance may have their Municipal Separate Storm Sewer access terminated if such termination would abate or reduce an Illicit Discharge.  A Person commits a separate violation if a Person reinstates Municipal Separate Storm Sewer access to premises terminated pursuant to this section, without the prior approval of the Authorized Enforcement Agent.

Sec. 30A-7.     Inspections and Monitoring.

The Authorized Enforcement Agent shall be permitted, upon the presentation of credentials and other documents, as may be required by law, to:

(1)	Enter the premise(s) where a regulated activity is conducted, or where records must be kept as required under the conditions of a Rhode Island Pollutant Discharge Elimination System permit.

 
(2)	Have access to and copy, at reasonable times, any records that must be kept as required under the conditions of a Rhode Island Pollutant Discharge Elimination System permit.
(3)	Inspect at reasonable times any equipment, practices, or operations regulated or required under a Rhode Island Pollutant Discharge Elimination System permit.
(4)	Sample or monitor any substances or parameters at any location, at reasonable times, for the purposes of assuring compliance with a Rhode Island Pollutant Discharge Elimination System permit.

Sec. 30A-8.     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.

Sec. 30A-9.     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 North Providence Municipal Court.

Sec. 30A-10.   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) dollars per day for each day the violation remains unabated.  The Authorized Enforcement Agent may, at the discretion of the municipal court, undertake measures necessary to abate the violation and restore the property at the Owner or Operator’s expense.

Sec. 30A-11.   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 Town by reason of such violation.  The liability shall be paid in not more than twelve (12) equal payments.  Interest at the rate of twelve (12%) percent per annum shall be assessed on the balance beginning on the 31st day following discovery of the violation.

Sec. 30A-12.   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.


SECTION TWO:   If any provisions of this chapter are declared unconstitutional, or the applicability of any provisions to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and its applicability to other persons and circumstances shall not be affected therety.

SECTION THREE:   This ordinance shall take effect upon passage.
APPROVED AS TO FORM AND LEGALITY:

__________________________________
TOWN SOLICITOR

ADOPTED:________________________ 		_____________________________
COUNCIL PRESIDENT
APPROVED:_______________________ 		______________________________
MAYOR

______________________________
TOWN CLERK

FOR HEARING NOVEMBER 7, 2012 @ 7:00 P.M.