The Town of West Hartford has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The Town of West Hartford is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The Town of West Hartford will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The Town of West Hartford, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The Town of West Hartford has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Article VIII. Soil Erosion, Sediment Control and Stormwater Runoff
§ 177-61. Activities requiring certified plan.
A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre.
§ 177-62. Exemptions.
A single-family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations. Such exemption shall not affect the applicability of§ 177-29.
§ 177-63. Erosion and sediment control plan.
A. To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on and from the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Alternative principles, methods and practices may be used with prior approval of the Director of Community Services. Such plans shall be certified by a qualified professional engineer, who shall affix his or her seal thereto.
B. Said plan shall contain but not be limited to:
(1) A narrative describing:
 Start and completion dates.
 Sequence of grading and construction activities.
 Sequence for installation and/or application of soil erosion and sediment control measures.
 Sequence for final stabilization of the project site.
(2) A site plan map at a sufficient scale to show:
(3) Any other information deemed necessary and appropriate by the applicant or requested by the Director of Community Services.
§ 177-64. Minimum acceptable standards.
A. Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed and does not cause off-site erosion and/or sedimentation.
B. The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Director of Community Services may grant exceptions when requested by the applicant if technically sound reasons are presented.
C. The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff, unless an alternative method is approved by the Director of Community Services.
§ 177-65. Issuance or denial of certification.
A. The Director of Community Services shall either certify that the soil erosion and sediment control plan, as filed or with modifications, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
B. Nothing in this § 177-65 of this article shall be construed as changing the time limits for action on any application under the pertinent provisions of the Charter and ordinances of the Town of West Hartford.
C. Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided that such review shall be completed within 30 days of the receipt of such plan.
D. The Director of Community Services shall forward a copy of the development proposal to the Town Plan and Zoning Commission and the Conservation and Environment Commission for review and comment.
E. The Director of Community Services may forward a copy of the development proposal to any other review agency or consultant for review and comment.
§ 177-66. Plan regulations.
A. The estimated costs of measures required to control soil erosion sedimentation and stormwater runoff, as specified in the certified plan, may be covered in a performance bond or other assurance in an amount and with surety and conditions satisfactory to the Director of Community Services, including, without limitation, a maintenance bond. The developer shall submit to the Director of Community Services for approval a cost estimate for said required soil erosion, sedimentation and stormwater runoff control measures to be covered by said bond or other assurance. Said estimate shall be prepared and certified by a qualified professional civil engineer. The cost estimate shall be based on unit costs established by the Director of Community Services.
B. Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
C. Planned soil erosion, sediment control and stormwater runoff control measures and facilities shall be installed as scheduled according to the certified plan.
D. All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
E. Any person engaged in development activities who fails to file a soil erosion and sediment control plan in accordance with these regulations or who conducts a development activity except in accordance with provisions of a plan certified pursuant thereto shall be deemed in violation of this chapter of the Code of the Town of West Hartford.
§ 177-67. Inspections.
Inspections shall be made by the Director of Community Services or designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Director of Community Services may require the permittee to verify, through progress reports, that soil erosion, sediment control and stormwater runoff control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.
V. PERMIT CONDITIONS
A. CONDITIONS APPLICABLE TO CERTAIN DISCHARGES
Any person who or municipality which initiates, creates, or originates a discharge of stormwater associated with commercial activity after September 27, 2000, which discharge is located less than 100 feet from a tidal wetland which is not a fresh-tidal wetland, shall discharge such stormwater through a system designed to store the volume of stormwater runoff generated by 1 inch of rainfall on the site.
Any person who or municipality which discharges stormwater into coastal tidal waters for which a permit is required under either the Structures and Dredging Act in accordance with Section 22a-361 of the Connecticut General Statutes or the Tidal Wetlands Act in accordance with Section 22a-32 of the Connecticut General Statutes, shall obtain such permit(s) from the Commissioner.
B. STORMWATER MANAGEMENT PLAN. The permittee shall prepare, implement and maintain a Stormwater Management Plan (the "Plan") which shall consist of all records, schedules, narrative, instructions or other materials kept on file at the registrant's facility in accordance with the Stormwater Management Measures and other provisions of Part V of this general permit.
2. Stormwater Management Measures
The Stormwater Management Plan shall be maintained on a form prescribed and provided by the Commissioner and shall, at a minimum, contain the following:
Maintenance and Inspection
The permittee shall prepare and implement a facility maintenance plan. The facility maintenance plan shall include good housekeeping measures to ensure that all areas exposed to stormwater are kept in such a condition as to minimize the possibility of discharging pollutants into a stormwater collection system or waters of the state. The plan shall include provisions for a monthly inspection by a member of the Pollution Prevention Team of all areas covered by the plan, a weekly inspection of the site for surface debris and the monthly inspection of all stormwater structures and outfalls on the site for floating or surface debris and sediment. Structures and outfalls shall be cleaned of sediment and debris at least once a year during the month of April and at other time as necessary to prevent the discharge of pollutants from structures or outfalls.
Comprehensive Annual Stormwater Evaluation and Inspection
Once a year, a member of the Pollution Prevention Team shall conduct a Comprehensive Annual Stormwater Evaluation and Inspection. All aspects of the stormwater collection and/or treatment system shall be inspected for consistency with the Stormwater Management Plan. A report of the results of this inspection shall be prepared and a copy maintained on site. This report shall also be reviewed and signed by the permittee as specified in Part IV.C.2.c. [see document]. Based on this report, the permittee shall revise the Plan as necessary to maintain consistency with this general permit.