December 1, 2010
Please publish the following legal in Zone 4 of the Hartford Courant on Tuesday, December 7, 2010. Mail bill to the
East Hartford Town Council Office, 740 Main Street, East Hartford, CT 06108.
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LEGAL NOTICE
Public notice is hereby given that the Town Council of the Town of East Hartford, Connecticut, will hold a public hearing on Tuesday, December 14, 2010 at 7:15 p.m. in the Town Council Chambers, 740 Main Street, East Hartford, Connecticut, regarding the following proposed revisions to the East Hartford Code of Ordinances:
Adding a new Section 17-8a, repealing Section 17-6 through Section 17-8 and substituting new Sections 17-6 through 17-8 in lieu thereof; such revisions entitled Stormwater Ordinance.
Any person(s) wishing to express an opinion on this matter may do so at this meeting.
Angela Attenello
Town Council Clerk
Stormwater Ordinance
(11/16/10 draft)
The Town of East Hartford Code of Ordinances is amended by adding a new section 17-8a and sections 17-6 through 17-8 of the Town of East Hartford Code of Ordinances are repealed and the following is substituted in lieu thereof:
Section 17-6
(a) No person shall discharge or cause to be discharged into the municipal storm drain system any material or substance except: (1) stormwater; (2) water from landscape irrigation, individual car washes, potable water sources, air-conditioning condensate, water main flushing, street washing, groundwater discharges from foundation and footing drains, groundwater from springs, streams and other wetlands; (3) dechlorinated pool water; (4) uncontaminated water from roof drains; and (5) any material or substance authorized by a federal, state or local government authority or by federal, state or local law.
(b) No person shall construct or maintain any drain or device, whether on the surface or subsurface, that allows any discharge of non-storm water into the storm water drain system in violation of subsection (a) of this section. Any person who maintains any such drain or
device that had been previously approved by the state or local government shall stop the flow of discharge into the storm water drain
system within six months of the effective date of this ordinance.
(c) No person shall deposit onto any public or private property any material that can be reasonably expected to cause a violation of
subsection (a) of this section.
Section 17-7 The Director of Public Works shall adopt regulations establishing best management practices for preventing or reducing the discharge of pollutants directly or indirectly into the storm drain system. These practices may include treatment facilities to remove pollutants from storm water, methods to control runoff, erosion and sediment control, and measures consistent with federal and state environmental laws. Such practices shall, as appropriate, be incorporated by reference into any building or zoning permit issued by the town.
Section 17-8
(a) If the Director of Public Works has reason to believe that a violation of section 17-6 or section 17-8a is occurring or has occurred, the Director may enter the property on which such violation is located for purposes of determining if such violation has occurred or is
occurring. If the Director determines that a violation has occurred or is occurring, the Director may issue a citation to correct a violation
within the time specified in such citation. Such citation shall include the following provisions: (1) the allegations against the property
owner and what needs to be corrected; (2) that the person may contest the citation before the Inland Wetlands/Environment
Commission by delivering, in person or by mail, to the town clerk within ten days of the date of the citation, a written demand for a
hearing; (3) that if the person cited does not demand such hearing or comply with the citation, the town may enter such property,
remediate the property and take other action required of the property owner in the citation and bill the property owner for such costs
incurred by the town and that such costs may be the subject of a lien on such property.
(b) If the person who is served such citation wishes to admit liability for any alleged violation, he may, without requesting a hearing,
comply with the citation.
(c) Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held
not less than fifteen days nor more than thirty days from the date of the mailing of such notice, provided the Inland
Wetlands/Environment Commission may grant, upon good cause shown, any reasonable request by such person for a postponement
of such hearing. The presence of either the Director of Public Works or the person who issued the citation shall be required at the
hearing if so requested by the person named in the citation. Such request must be included with the appeal. A person wishing to
contest liability shall appear at the hearing, may present evidence, and may be represented by an agent or attorney. The Director of
Public Works may present evidence on behalf of the Town. If the person who received the citation fails to appear, the Inland
Wetlands/Environment Commission shall enter a judgment by default against such person upon a finding of proper notice and liability
under the applicable provisions of this section. The hearing shall be conducted in accordance with the rules of evidence as established
in section 4-178 of the Connecticut General Statutes. The Inland Wetlands/Environment Commission shall render a decision within ten
days of the close of the hearing. If the Commission determines that the person who received the citation is not liable, it shall dismiss
the matter and enter that determination in writing. If the Commission determines that the person who received the citation is liable, the
Commission shall enter a judgment finding such liability.
(d) If the person receiving the citation fails to comply with the order in such citation with the stated period of time, the town may enter such property and remediate the property and take any other action required of the property owner in the citation. Costs incurred in the performance of such work performed by, or on behalf of, the town of East Hartford shall be charged to the owner of the property on which such work was performed. Interest on any unpaid balance after thirty days shall accrue at a rate of twelve percent per annum. If the costs of the work are not paid by the owner of the property within thirty days of the date of the billing of such costs, the town may file a lien on such property and the corporation counsel may institute
an action in superior court to recover such costs
Section 17-8a No person may construct, maintain or use any drain device or conveyance that connects to the municipal storm drain system without a permit issued by the Director of Public Works. The Director of Public Works shall deny, suspend or revoke any permit to connect to the municipal storm drain system if the material or substance flowing into such system is not authorized pursuant to subsection (a) of section 17-6 or the Director determines that such connection will overburden the system, cause undue harm to the quality of water in the system or is not maintained in good condition. Any permit issued pursuant to this section shall be contingent on the permittee receiving such other approvals or authorizations as required by federal, state or town laws.
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