TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
NOVEMBER 16, 2010
PRESENT Councillors Bill Horan and Eric Thompson
ABSENT Chair Rich Kehoe
ALSO Rich Gentile, Assistant Corporation Counsel
PRESENT Denise Horan, Town Engineer
CALL TO ORDER
Acting Chair Horan called the meeting to order at 5:38 p.m.
APPROVAL OF MINUTES
September 28, 2010 Meeting
A general discussion ensued that led to an amendment to the minutes for clarification purposes.
MOTION By Eric Thompson
seconded by Bill Horan
to approve the September 28, 2010 as amended. (see excerpt below with
additional language)
Motion carried 2/0.
From the September 28, 2010 minutes: Compensation of Selectmen
The selectmen described their duties to the Committee. Over the years they have been contacted by numerous residents who have disputes with their neighbors over fences. It was noted that calls have decreased over the years.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Stormwater Ordinances
Assistant Corporation Counsel Rich Gentile initiated a general discussion on the proposed stormwater ordinance. Town Engineer Denise Horan opined that this was a condensed version of the model ordinance and both Attorney Gentile and Ms. Horan support the ordiance as proposed. Councillor Eric Thompson expressed concern over the lack of specificity regarding the duties of the Department of Public Works (as referenced in section 17-7). Ms. Horan noted that D.E.P has technical guidance for management practice and that the ordinance may have been left intentionally open-ended so they can be adapted for existing technology in the future. Attorney Gentile opined that by not being extremely specific the ordinance provides flexibility. A general discussion of the proposed ordiance ensued. The proposed
ordinance was amended to become the November 16, 2010 draft. (see below)
MOTION By Eric Thompson
seconded by Bill Horan
to send the November 16, 2010 draft of the stormwater ordinance to the
Town Council for the purpose of setting a public hearing date.
Motion carried 2/0.
Stormwater ordinance
(11/1516/10 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by adding a new section 17-8a and sections 17-6 through 17-8 of the Town of East Hartford Code of Ordinances are repealed and the following is substituted in lieu thereof: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, and 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.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Bill Horan
to adjourn (6:12 p.m.)
Motion carried 2/0.
cc: Mayor Currey
Denise Horan, Town Engineer
Rich Gentile, Assistant Corporation Counsel
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