City of Fall River, MA Rates and Charges; Billing; Stormwater Management

The City is implementing a combined sewer overflow program that is requiring a significant investment by the City and the existing stormwater management system is deteriorating and may be inadequate to meet existing and future needs, and flooding concerns may arise. The United States Environmental Protection Agency (EPA) demands a comprehensive approach to municipal stormwater management.

In order to establish, operate, and maintain the stormwater infrastructure of the City, ensure the future usefulness of the existing system through additions and improvements, and provide other services associated with stormwater management, sufficient and stable funding is required for the operation, maintenance and improvement of the stormwater management programs, services, systems, and facilities of the City; and to equitably fund the CSO abatement program. A stormwater utility service fee based on impervious surface area consistent with the Massachusetts General Laws is the most appropriate and equitable method of allocating the cost of stormwater management programs and CSO abatement programs among residents and businesses in the City.

Authority and jurisdiction.

Under the authority of MGL c. 83, § 16, the City hereby establishes the City impervious fee or stormwater fee to pay the costs of the City's stormwater management and combined sewer overflow abatement program.

The utility or its designee is authorized to assess and collect service fees from all persons owning land within the municipality that benefit from the City's stormwater management and CSO abatement programs.

The fee will fund services provided through the Sewer Commission for stormwater management and CSO abatement programs.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY UTILITY

The Fall River Sewer Commission.

CREDIT

A conditional reduction in the amount of the stormwater service fee to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or other service or activity that reduces the stormwater management utility's cost of providing services.

Credits can be applied as follows at the discretion of the Sewer Commission: Credits shall not be eligible below the base ERU, meaning that any property that is subject to this fee shall be required to pay at least the cost of one ERU per quarter. As residential properties (single- through eight-family) pay the lowest possible cost, credits are not available.

The purpose of the credit process is to enable nonresidential parcel owners to seek reduction in stormwater charges, if specific value-added on-site stormwater control that significantly reduces the volume of stormwater run-off to the City's stormwater or combined sewer facilities. Said facilities must be beyond those facilities required by law and/or required as a condition of site development.

Credit shall not exceed 25% of the total charge.

CUSTOMERS OF THE STORMWATER UTILITY

Credit requests filed after June 30 of any year shall not be applicable to the previous fiscal year(s).

Include all persons, properties, and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, properties, and entities which will ultimately be served or benefited as a result of the stormwater management program.

DEVELOPED LAND

Property altered from its natural state by removal of vegetation, construction, or installation of improvements such as buildings, structures, or other impervious surfaces, or by other alteration of the property that results in a meaningful change in the hydrology of the property during and following rainfall events (agricultural and forestry operations that do not create impervious surface area excepted).

EQUIVALENT RESIDENTIAL UNIT (ERU)

A measure used to standardize the utility service fees for residential properties, or classes of residential properties, and based on the average amount of impervious area of a base residential parcel. The ERU shall also be used as the basis for standardizing and determining the equivalent size of nonresidential properties and other developed lands.

The ERU is defined as the average amount of impervious area on residential parcels in land use classes 101, 104, 105, and 111. These classes are defined by the Assessor's Department as: 101, single-family residential; 104, two-family residential; 105, three-family residential; 111, four- to eight-family residential.

The ERU is a method for standardization for measurement and billing purposes. Stormwater runoff from pervious surfaces on a developed lot is not a reason for exemption.

EXEMPTION

Not applying to, or removing the application of the stormwater management utility service fee from, a property. No permanent exemption shall be granted based on taxable or nontaxable status or economic status of the property owner.

Exemptions are granted to those properties that do not contribute stormwater to any City facility of any kind.

Exemptions shall not be applied to properties that contribute directly or indirectly to City facilities. "Indirectly" includes stormwater flow from a property that moves overland, impacting the watershed flow to a City stormwater facility.

Exemption requests filed after June 30 of any year shall not be applicable to the previous fiscal year(s).

IMPERVIOUS SURFACES

Those areas that prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces that prevent or impede the natural infiltration of stormwater runoff which existed prior to development.

OPT-OUT PROVISION

Properties that can completely eliminate stormwater discharge from their property, thus not utilizing any City stormwater facilities, can be exempt from the fee. Said exemption must be certified by an engineering report that clearly delineates that stormwater is collected on site and held on site for reuse for all levels of storms. Groundwater injection that impacts stormwater disposal facilities may be cause for denial.

OTHER DEVELOPED LANDS

Shall mean, but not be limited to, mobile home parks, apartment buildings with more than eight dwelling units, residential condominium developments, mixed-use buildings, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, governmental facilities, colleges, research facilities and stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces and lands in other uses which alter the hydrology of the property from that which would exist in a natural state.

PERVIOUS SURFACES

Those areas that enhance the infiltration of stormwater into the soil. Pervious areas include, but are not limited to, lawns, wooded areas, meadows, gravel parking areas and other surfaces that enhance the natural infiltration of stormwater runoff into the soil. Stormwater runoff is expected to occur from pervious surfaces; however, it is significantly less than impervious surfaces.

RESIDENTIAL PROPERTY

Developed land assigned land use code 101, 104, 105, or 111 by the City's Office of the Assessor (101, single-family residential; 104, two-family residential; 105, three-family residential; 111, four- to eight-family residential).

STORMWATER FACILITY

Includes combined sewers, catch basins, storm drains, drainage pipes, culverts, streams, swales, wetlands, detention ponds, and ponds that have control structures such as dams and gatehouses.

STORMWATER SERVICE FEES

The periodic service fee imposed pursuant to this article for the purpose of funding costs related to stormwater management programs, services, systems, facilities, debt, operations, maintenance, capital improvements, and any related costs.

UNDEVELOPED LAND

Land in its unaltered natural state or which has been modified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt, or compacted dirt or gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate, or flow in a manner materially different than that which would occur naturally.

Establishment of the stormwater fund.

The City shall establish a dedicated stormwater fund in the City budget and an accounting system for the purpose of managing all funds collected for the purposes and responsibilities of the utility. All revenues and receipts of the utility shall be placed in the stormwater fund, which shall be separate from all other funds, and only the expenses of stormwater management programs, services, systems, facilities, and CSO abatement of the City shall be paid by the fund.

The utility and the stormwater fund may also accept loans, state, federal and private grants, and allocations of funds from the City's general fund or special purpose funds.

Stormwater service fees will be set at a rate that covers the costs necessary to carry out the stormwater management programs, services, systems and facilities approved by the City as necessary to carry out the functions of the utility. Expenditure of funds from the stormwater fund is limited to the following:

(a)

Operating expenses;

(b)

Nonoperating expenses, such as equipment and supplies;

(c)

Payment on principal and interest on debt obligations, including those for combined sewer overflow abatement facilities;

(d)

Capital investments, including stormwater best management practices (BMPs) and components (e.g., purchase of plants and other amenities to support stormwater management alternatives utilizing vegetation);

(e)

Reserve expenses; and

(f)

Other costs as deemed necessary by the Sewer Commission.

Service area. The service area of the utility will include all areas within the municipal boundaries of the City of Fall River.

Stormwater utility service fees.

The City may determine and modify from time to time the service fees of the utility in order that the funds generated correspond to the cost of stormwater management programs, services, systems, and facilities of the City. In general, funding for the stormwater utility shall be equitably derived based on methods that establish a link between the fees and degree of impact imposed on the stormwater management system and facilities.

Rate studies may be conducted periodically by the utility to determine all changes and future updates to the stormwater utility use fee schedule. Any revision to the stormwater service fee schedule will be approved by the City Council prior to implementation.

Enforcement.

The Administrator of Community Utilities, or his authorized designee, is the enforcement authority who shall administer, implement, and enforce the provisions of this section.

The City has the right to utilize the lien processes to enforce provisions of this section and for nonpayment of stormwater fees.

Delinquent fees. The City has the right to use all legal means as authorized within Chapter 74 of this Code and any other legal processes under local, state, and federal regulations.

Severability. Each subsection of this section is severable from all other sections. If any part of this section is deemed invalid by a court of competent jurisdiction, remaining portions of the section shall not be affected and shall continue in full force. Whenever this section conflicts with any other ordinance of the City, Commonwealth of Massachusetts, or federal government, the stricter standard shall apply, except as limited by state or federal law.

Applicability. This section and the fees, obligations and requirements identified herein shall apply to all use of and benefit from the City's stormwater management systems and facilities occurring on or after July 1, 2008. All persons owning land within the municipality that benefit from the services provided by the utility shall be subject to service fees for their use of the stormwater management systems and facilities occurring on or after July 1, 2008. Property with less than 100 square feet of impervious area will be exempted from the fee.

[1]

Editor's Note: See the rates established in Ch. A110, Fee Schedule, of the City Code.

§ 74-141 Municipal stormwater system rules.

[Added 12-15-2009 by Ord. No. 2009-34]

Findings and purpose.

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's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

AUTHORIZED ENFORCEMENT AGENCY

The objectives of this section are:

(a)

To prevent pollutants from entering the City's municipal separate storm sewer system (MS4);

(b)

To prohibit illicit connections and unauthorized discharges to the MS4;

(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 section through inspection, monitoring, and enforcement.

Definitions. For the purposes of this section, the following terms shall have the meanings indicated:

The Fall River Sewer Commission, its employees or agents designated to enforce this section.

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

Water beneath the surface of 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 the ordinance from which this section is derived.

ILLICIT DISCHARGE

Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Subsection H. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to Subsection H of this section.

IMPERVIOUS SURFACE

Any material or structure on or above the ground that prevents water from infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.

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, swale, culvert, channel, catch basin, outfall, outlet, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City, exclusive of the combined sewer system.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

A permit issued by the United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.

NONSTORMWATER DISCHARGE

Discharge to the municipal storm drain system not composed entirely of stormwater.

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, 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 sewage treatment works or waters of the commonwealth. Pollutants shall include, without limitations:

Paints, varnishes, and solvents;

Oil and other automotive fluids;

Nonhazardous liquid and solid wastes and yard wastes;

Refuse, rubbish, garbage, litter, or other discarded or abandoned objects;

SURFACE WATER DISCHARGE PERMIT

Pesticides, herbicides, and fertilizers;

(6)

Hazardous materials and wastes; sewage, fecal coliform and pathogens;

(7)

Dissolved and particulate metals;

(8)

Animal wastes;

(9)

Rock, sand, salt, soils;

(10)

Construction wastes and residues; and

(11)

Noxious or offensive matter of any kind.

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.[1]

RECHARGE

The process by which groundwater is replenished by precipitation.

STORMWATER

Stormwater runoff, snow melt runoff, and surface water runoff.

A permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 7.00 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

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.

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

Applicability. This section shall apply to flows entering the municipally owned storm drainage system.

Authority. This section is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34.

Responsibility for administration. The Sewer Commission shall administer, implement and enforce this section. Any powers granted to or duties imposed upon the Sewer Commission may be authorized in writing by the Sewer Commission to employees or agents of the Sewer Commission, including the Conservation Commission, Health Division and Engineering Division, with the approval of the department head.

Regulations. The Sewer Commission may promulgate rules and regulations to effectuate the purposes of this section. Failure by the Sewer Commission to promulgate such rules and regulations shall not have the effect of suspending or invalidating this section.

Prohibited activities.

Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal separate storm sewer system (MS4) 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 normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the Sewer Commission.

Exemptions: discharge or flow resulting from fire-fighting activities. The following nonstormwater discharges or flows are exempt from the prohibition of non-stormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:

Water line and hydrant flushing;

Flow from potable water sources;

Springs;

Natural flow from riparian habitats and wetlands;

Diverted stream flow;

(6)

Rising groundwater;

(7)

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;

(8)

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), 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 one ppm chlorine), provided 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 verbal notification is given to the Sewer Commission prior to the time of the test;

(14)

Nonstormwater discharge permitted under an NPDES permit or 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;

(15)

Discharge for which advanced written approval is received from the Sewer Commission as necessary to protect public health, safety, welfare, or the environment; and

(16)

Approved materials reasonably used for ice/snow management for public safety.

Emergency suspension of storm drainage system access. The Sewer Commission may suspend municipal storm drain system access to any person or property without prior written 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 authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare, or the environment.

Notification of spills.

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, 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 municipal Fire and Police Departments and the Sewer Commission.

In the event of a release of nonhazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the authorized enforcement agency 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.

Enforcement.

The Sewer Commission or an authorized agent of the Sewer Commission shall enforce this section, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Civil relief. If a person violates the provisions of this section, regulation, permit, notice, or order issued thereunder, the Sewer Commission 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.

Orders. The Sewer Commission or an authorized agent of the Sewer Commission may issue a written order to enforce the provisions of this section or the regulations thereunder, which may include:

(a)

Elimination of illicit connections or discharges to the MS4;

(b)

Performance of monitoring, analysis and reporting;

(c)

That unlawful discharges, practices, or operations shall cease and desist; and

(d)

Remediation of contamination in connection therewith.

If the enforcing person determines that abatement 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 Sewer Commission may, at its option, undertake such work, and expenses thereof, shall be charged to the violator.