For the purposes of this chapter, the following
shall have the meanings indicated:
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal storm drain system, except as specifically exempted in §
278-5D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from fire-fighting activities exempted pursuant to §
278-5D of this chapter.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance, which allows
an illegal discharge into the municipal storm drain system. Illicit
connections include conveyances which allow a nonstormwater discharge
to the municipal storm drain system, including but not limited to
sewage, process wastewater or wash water and any connections from
indoor drains, sinks, or toilets, regardless of whether said connection
was previously allowed, permitted, or approved before the effective
date of this chapter.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Northampton.
PERSON
Any individual, partnership, association, firm, company,
trust, corporation, and, any agency, authority, department or political
subdivision of the commonwealth or the federal government, to the
extent permitted by law, and any officer, employee, or agent of such
person.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or nonpoint source, that if discharged
to waters of the commonwealth in sufficient quantities, causes or
is reasonably certain to cause any alteration of the physical, chemical
or biological properties of such waters; or to create a nuisance;
or to render such waters harmful, detrimental or injurious to public
health, safety or welfare, or to domestic, industrial, agricultural,
recreational, or other legitimate beneficial uses or to any organism,
aquatic life, plant or animal. Pollutants shall include:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues, including
but not limited to sediments, slurries, and concrete rinsates; and
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Any water, which during manufacturing or processing, comes
into direct contact with or results from the production or use of
any material, intermediate product, finished product, or waste product.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from precipitation or snowmelt.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WATERCOURSES
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
This chapter shall apply to flows entering the
municipally owned storm drainage system.
[Amended 12-4-2014]
The Department of Public Works may promulgate
rules, regulations and a permitting process to effectuate the purposes
of this chapter.
Notwithstanding any other requirements of local,
state or federal 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 at that facility operation which is resulting or may result
in illegal discharge of pollutants that person shall take all necessary
steps to ensure containment and cleanup of the release. In the event
of a release of oil or hazardous materials, the person shall immediately
notify the municipal Fire and Police Departments, Department of Public
Works and Board of Health. In the event of a release of nonhazardous
material, said person shall notify the authorized enforcement agency
no later than the next business day. Written confirmation of all telephone,
facsimile or in-person notifications shall be provided to the authorized
enforcement agency within three business days thereafter. If the discharge
of prohibited materials is from a commercial or industrial facility,
the facility owner or operator of the facility shall retain on site
a written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three
years.
Residential property owners shall comply with
this chapter on a schedule set forth in the Department of Public Works
compliance order, but such property owners shall in no case have more
than six months from the effective date of this chapter to comply
with its provisions, unless good cause is shown for the failure to
comply with the chapter during that period.