[Adopted 6-15-2015 by Order No. 2015-102 (Ch. 13.10 of the 1993 Code)]
A.
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
Quincy's water bodies and groundwater and to safeguard the public
health, safety, and welfare and the environment.
B.
The objectives of this article are to:
(1)
Prevent pollutants from entering the City's municipal separate storm
sewer system (MS4);
(2)
Prohibit illicit connections and illicit discharges to the MS4;
(3)
Require the removal of all such illicit connections;
(4)
Comply with state and federal statutes and regulations relating to
stormwater discharges; and
(5)
Establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring, and enforcement.
For the purposes of this article, the following shall mean:
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The City Engineer of the City of Quincy or his/her designee.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The Commissioner of Public Works of the City of Quincy or
his/her authorized deputy, agent or representative.
The addition from any source of any pollutant or combination
of pollutants into the municipal separate storm sewer system or into
the waters of the commonwealth or the United States from any source.
Stormwater or groundwater.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal separate storm sewer 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.
Direct or indirect discharge to the municipal separate storm sewer system that is not composed entirely of stormwater, except as exempted in § 300-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit or resulting from firefighting or other public safety activities exempted pursuant to § 300-8 of this article.
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.
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.
Discharge to the MS4 not composed entirely of stormwater.
A person, partnership, association, company or trust with
a legal or equitable interest in real property.
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.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural wastes discharged
into water.
[Amended 6-1-2020 by Order
No. 2020-012]
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.
A structural or nonstructural technique for managing stormwater
to prevent or reduce nonpoint source pollutants from entering surface
waters or groundwaters. A structural stormwater best management practice
includes a basin, discharge outlet, swale, rain garden, biofilter,
or other stormwater treatment practice or measure either alone or
in combination, including without limitation any discharge pipe, overflow
pipe, conduit, or weir control structure that is not naturally occurring;
is not designed as a wetland replication area; and has been designed,
constructed, and installed for the purpose of conveying, collecting,
storing, discharging, recharging, or treating stormwater. Nonstructural
stormwater best management practices include source control and pollution
prevention measures.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
A permit issued by the City Engineer, after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment from the effects of uncontrolled
and untreated stormwater runoff.
A plan required as part of the application for a stormwater
management permit and which may include, but not be limited to, narrative,
calculations, hydrologic models, figures, drawings and details developed
by a qualified professional engineer (PE), which describes the structural
and nonstructural stormwater best management practices necessary to
meet the requirements of the Massachusetts Stormwater Handbook performance
standards.
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.
Any material which because of its quantity, concentration,
or 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 or 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 40.0000.
[Amended 6-1-2020 by Order
No. 2020-012]
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.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
All waters within the jurisdiction of the United States,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters and groundwater.
This article shall apply to flows entering the MS4.
This article is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act[1] and pursuant to the regulations of the federal Clean Water
Act found at 40 CFR 122.34.
[1]
Editor's Note: See MGL c. 43B.
The Department of Public Works shall administer, implement,
and enforce this article. Nothing in this article is intended to abrogate
any enforcement authorities of the Quincy Health Department pursuant
to the Massachusetts State Sanitary Code, 105 CMR 400 et seq., or
any other public health law. Any powers granted to or duties imposed
upon these Departments may be delegated in writing to employees or
agents of the Department.
The Commissioner may promulgate rules and regulations to effectuate
the purposes of this article. Failure by the Department of Public
Works to promulgate such rules and regulations shall not have the
effect of suspending or invalidating this article.
A.
Illicit discharges. No person shall dump, discharge, or cause or
allow to be discharged any pollutant or nonstormwater discharge into
the MS4, into a private stormwater system that connects to the MS4,
into a watercourse, or into the waters of the commonwealth or the
United States.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the MS4, or into a private separate
storm sewer system that connects to the MS4, regardless of whether
the connection was permissible under applicable law, regulation or
custom at the time of connection.
C.
Obstruction of MS4. No person shall obstruct or interfere with the
normal flow of stormwater into or out of the MS4 without a drain permit
issued by the City Engineer.
D.
Introduction of earth-type materials. No person shall introduce or
cause to be introduced into the MS4 any harmful quantity of sediment,
silt, earth, soil, or other material associated with cleaning, grading,
excavation or other construction activities (or associated with landfilling
or other placement or disposal of soil, rock, or other earth materials)
in excess of what could be retained on site or captured by employing
sediment and erosion control measures to the maximum extent practicable
(under the prevailing circumstances).
Notwithstanding any provisions to the contrary, the following
types of discharges into the MS4 are exempt from the prohibitions
set herein:
A.
Discharge or flow resulting from firefighting or other municipal
public safety activities.
B.
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwater discharges provided that the source is
not a significant contributor of a pollutant to the municipal storm
drain system:
(1)
Flow from potable water sources;
(2)
Springs;
(3)
Natural flow from riparian habitats and wetlands;
[Amended 6-1-2020 by Order
No. 2020-012]
(4)
Diverted stream flow;
(5)
Rising groundwater;
(6)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20)
or uncontaminated pumped groundwater;
[Amended 6-1-2020 by Order
No. 2020-012]
(7)
Water from exterior foundation drains and footing drains (not active
groundwater);
(8)
Discharge from landscape irrigation or lawn watering;
(9)
Water from individual residential vehicle washing;
(10)
Discharge from dechlorinated swimming pool water (less than
one part per million 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;
(11)
Discharge from street sweeping;
(12)
Dye testing, provided that written notification is given to
the Department of Public Works prior to the time of the test;
(13)
Nonstormwater 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 other applicable order, laws or regulations; and
(14)
Discharge for which advanced written approval is received from
the Department of Public Works as necessary to protect public health,
safety or welfare or the environment.
A.
No unauthorized person shall uncover, excavate over, block access
to, make any connection with or opening into, alter or disturb, or
in any way directly or indirectly use the MS4 or appurtenance thereof
without first obtaining a drain permit from the City Engineer. Any
person proposing a new discharge into the system or in any way changing
the volume or character of any effluent that is to be or is being
discharged into the MS4 shall be required to notify the City Engineer
at least 45 days prior to the proposed change or connection and shall
be further required to obtain all required permits and to comply with
all regulations and guidance documents promulgated by the Commissioner
pursuant to the authority granted to the Commissioner by this article
and by any and all applicable federal, state and local laws, regulations
and rules and shall be responsible for all fees and charges established
by the Commissioner in said regulations.
B.
This provision shall not apply in situations of flooding emergencies,
abatement and response where groundwater infiltration may cause threat
to public health and safety.
C.
All costs and expense incident to the installation and connection
to the MS4 and any costs of maintenance thereof shall be borne by
the owner. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation
of any connection to the MS4. Notwithstanding the foregoing, the Commissioner
may provide for connection to the mains of the municipal separate
storm sewer system in the public way at the expense of the City when
the need for a new connection stems from the correction of improperly
connected separate storm sewer system lines as required by the United
State Environmental Protection Agency, the Massachusetts Department
of Environmental Protection, the Massachusetts Water Resources Authority,
and the Department of Public Works. The Commissioner may limit the
City's assumption of costs for correction of improperly connected
building separate storm sewer system where the Commissioner determines
that the improper connection was made negligently, knowingly, or intentionally
by the owner or from the owner of the property, their agents, or acting
on their behalf.
All persons owning, operating, leasing or having control over stormwater management facilities required by a stormwater management permit under Article II of this chapter shall demonstrate compliance with that permit as follows:
A.
All stormwater management BMPs, including but not limited to any
parking areas, catch basins, drainage swales, detention basins and
ponds, pipes and conveyance-related structures, shall be inspected
at least annually, by the owner or a qualified third party inspector,
in accordance with all inspection, cleaning and maintenance requirements
of the approved stormwater management plan.
B.
The owner shall take all corrective action(s) necessary to correct
all deficiencies in the stormwater management BMPs to ensure the stormwater
management system is operating as intended and approved.
C.
By December 31 of each calendar year the owner or his/her third party
designee shall provide a completed and signed certification to the
City Engineer certifying that the owner has inspected the stormwater
management BMPs and that they are adequately maintained and functioning
as intended by the approved stormwater management plan or that they
require maintenance or repair. All necessary repairs and required
maintenance to the stormwater management BMPs identified during the
inspection of the stormwater management system shall be described
in detail along with all corrective action(s) taken.
D.
The cost for all inspections and corrective action required under
this section shall be borne by the owner.
The Department may suspend MS4 access to any person or property
without prior written notice when such suspension is necessary to
stop an actual or threatened discharge of pollutants or flow that
presents imminent risk of harm to the public health, safety, or welfare
or the environment. In the event any person fails to comply with an
emergency suspension order, the Department may take all reasonable
steps to prevent or minimize harm to the public health, safety or
welfare or the environment.
In addition to all penalties and remedies available to the Commissioner
pursuant to the regulations and guidance documents promulgated pursuant
to the authority of this article and provided in any other applicable
federal, state or local law, regulation or rule, no unauthorized person
shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the municipal separate storm sewer system. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
A.
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 or the United
States, the 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 Department and
the municipal Fire and Police Departments.
B.
In the event of a release of nonhazardous material, the reporting
person shall notify the Department and City Engineer no later than
the next business day. The reporting person shall provide to the Department
of Public Works 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 from the date of the spill.
The Department shall enforce this article, regulations, orders,
violation notices, and enforcement orders and may pursue all civil
and criminal remedies for such violations.
A.
Civil relief. If a person violates the provisions of this article,
regulations, permit, notice, or order issued thereunder, the Department
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.
B.
Orders.
(1)
The Department may issue a written order to enforce the provisions of this article or the regulations thereunder, which may include: elimination of illicit connections or discharges to the MS4; elimination of excess flow causing harm or damage to public or private property; performance of monitoring, analyses, and reporting; annual certification of stormwater management BMPs permitted under Article II of this chapter; that unlawful discharges, practices, or operations shall cease and desist; and remediation of contamination in connection therewith. If the enforcing person determines that abatement of flow or remediation of contamination 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 may, at its option, undertake such work after advising the owner of the cost associated with the remediation, and expenses thereof shall be charged to the violator.
(2)
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, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Department
within 30 days of receipt of the notification of the costs incurred.
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 affirming
or reducing the costs, or from a final decision of a court of competent
jurisdiction, the costs shall become an assessment against the property
owner and shall constitute a municipal charges 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 at which the costs first become due.
C.
Criminal penalty. Any person who violates any provision of this article,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $1,000. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case the
Commissioner and/or other authorized agent of the City shall be the
enforcing person. The penalty for a violation shall be $300 per violation.
Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
E.
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 Department of Public Works and the Health Department,
their agents, officers, and employees, may enter upon privately owned
property for the purpose of performing their duties under this article
and regulations and may make or cause to be made such examinations,
surveys or sampling as such Department deems reasonably necessary.
F.
Appeals. Other than those remedies listed in § 300-14C, the decisions or orders of the Department shall be final. Further relief shall be to a court of competent jurisdiction.
G.
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.
