[Adopted 11-23-2009 by Ord. No. 08/09-1002346E]
The objectives of this article are:
A. To prevent pollutants from entering the City of Marlborough's
municipal storm drain system;
B. To prohibit illicit connections and unauthorized discharges to the
municipal storm drain system;
C. To require the removal of all such illicit connections;
D. To comply with state and federal statutes and regulations relating
to stormwater discharges; and
E. 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.
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.
PERSON
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.
POLLUTANT
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;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
POLLUTION
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
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.
WASTEWATER
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.
WATERCOURSE
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.
The following are exempt activities:
A. Discharge or flow resulting from fire-fighting activities.
B. 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:
(2) Flow from potable water sources;
(4) Natural flow from riparian habitats and wetlands;
(7) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8) Water from exterior foundation drains, footing drains, crawl space
pumps, or air-conditioning condensation;
(9) Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
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;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided that verbal notification is given to the
City Engineer prior to the time of the test;
(14)
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
(15)
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.