[HISTORY: Adopted by the City Council of the City of Marlborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-23-2009 by Ord. No. 08/09-1002346E]
This article complies with the requirements of Phase II of the National Pollutant Discharge Elimination System (NPDES) stormwater program promulgated on December 8, 1999, (and as may be subsequently amended) under the Federal Clean Water Act (CWA). Under the Phase II stormwater program, the United States Environmental Protection Agency (EPA) requires regulated municipalities to reduce the discharge of pollutants in stormwater to the maximum extent practicable and to adopt ordinances to address the control of sources of pollutants entering the municipal storm drain system.
Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding.
Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the City of Marlborough's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.
The objectives of this article are:
To prevent pollutants from entering the City of Marlborough's municipal storm drain system;
To prohibit illicit connections and unauthorized discharges to the municipal storm drain system;
To require the removal of all such illicit connections;
To comply with state and federal statutes and regulations relating to stormwater discharges; and
To establish the legal authority to ensure compliance with the provisions of this article through inspection, monitoring, and enforcement.
The following definitions shall apply in the interpretation and enforcement of this article:
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as 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.
- ENFORCEMENT AUTHORITY
- The City Engineer shall be authorized to enforce this article.
- Water beneath the surface to the ground.
- ILLICIT CONNECTION
- A surface or subsurface drain or conveyance which allows an illicit discharge into the municipal storm drain system, including without limitation 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 article.
- ILLICIT DISCHARGE
- Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 511-8 herein.
- 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 Marlborough.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
- A permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.
- NON-STORMWATER DISCHARGE
- Discharge to the municipal storm drain system not composed entirely of stormwater.
- An individual, partnership, association, firm, company, trust, corporation, 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.
- Any element or property of sewage, and any residential, municipal, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or non-point source, that is or may be introduced into any storm drainage system or waters of the commonwealth. Pollutants shall include, without limitation:
- A. Paints, varnishes, and solvents;
- B. Oil and other automotive fluids;
- C. Non-hazardous liquid and solid wastes and yard wastes;
- D. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;
- E. Pesticides, herbicides, and fertilizers;
- F. Toxic or hazardous material or waste; sewage, fecal coliform, and pathogens;
- G. Dissolved and particulate metals;
- H. Animal wastes;
- I. Rock, sand, salt, soils;
- J. Construction wastes and residues; and
- K. Noxious or offensive matter of any kind.
- A stormwater condition caused by or involving a pollutant.
- PROCESS WASTEWATER
- 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.
- Stormwater runoff, snowmelt runoff, and surface water runoff and drainage.
- SURFACE WATER DISCHARGE PERMIT
- A permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts.
- 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.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present, which is contributed to or permitted to enter the publicly owned treatment works.
- 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.
This article is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34.
This article shall apply to all discharges of pollutants entering the municipal storm drain system.
The City Engineer shall administer, implement and enforce this article. Any powers granted to or duties imposed upon the City Engineer may be delegated in writing by the City Engineer to another City department, commission or board to act as his/her authorized agent.
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge or wastewater into the municipal storm drain system, into a watercourse, or into the waters of the commonwealth.
Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
Obstruction of municipal storm drain system. No person shall obstruct or interfere with the flow of stormwater into or out of the municipal storm drain system without prior written approval from the City Engineer.
The following are exempt activities:
Discharge or flow resulting from fire-fighting activities.
The following non-stormwater discharges are exempt from the prohibitions of this article, provided that, in the opinion of the City Engineer, the source is not a significant contributor of a pollutant to the municipal storm drain system:
Flow from potable water sources;
Natural flow from riparian habitats and wetlands;
Diverted stream flow;
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
Water from exterior foundation drains, footing drains, crawl space pumps, or air-conditioning condensation;
Discharge from landscape irrigation or lawn watering;
Water from individual residential car washing;
Discharge from dechlorinated swimming pool water (less than 1.0 ppm chlorine), provided that the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;
Discharge from street sweeping;
Dye testing, provided that verbal notification is given to the City Engineer prior to the time of the test;
Non-stormwater discharge permitted under an NPDES permit or a surface water discharge permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
Discharge for which advanced written approval is received from the City Engineer as necessary to protect public health, safety, welfare or the environment.
The City Engineer may suspend municipal storm drain system access to any person or property without prior notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the enforcement authority may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the commonwealth, that person shall immediately 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 and the City Engineer. In the event of a release of nonhazardous material, the reporting person shall notify the City Engineer no later than the next business day. The reporting person shall provide to the City Engineer written confirmation of all telephone, facsimile or in-person notifications 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 following the date of discharge.
General. The City Engineer or his/her authorized agent shall enforce this article, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
Civil relief. If the City Engineer finds that a person is in violation of the provisions of this article, or any permit, notice, or order issued thereunder, the City Engineer may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
In order to enforce the provisions of this article, the City Engineer or his/her agent may issue a written order to the person found by the City Engineer to be in violation of this article. Such order may include:
If the City Engineer determines that abatement or remediation of pollution is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City of Marlborough may, at its option, undertake such work, and that the expenses thereof shall be charged to the violator.
Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the City of Marlborough, including administrative costs. Within 30 days of receipt of the notification of the costs incurred by the City, the violator or property owner may file with the City Engineer a written protest objecting to the amount or basis of those costs. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the City Engineer affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57 after the 31st day on which the costs first become due.
Criminal penalty. Any person who violates any provision of this article or any order issued hereunder shall be punished by a fine of $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City Engineer may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 315 of the Code of the City of Marlborough. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
Entry to perform duties under this article. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the City Engineer and his/her agents may enter upon privately owned property for the purpose of performing their duties under this article, and may make or cause to be made such examinations, surveys or sampling as the City Engineer deems reasonably necessary.
Appeals. The decisions or orders of the City Engineer shall be final. Further relief shall be to a court of competent jurisdiction.
Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law.