[HISTORY: Adopted by the City Council of the City of Springfield 9-9-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 300.
Stormwater management — See Ch. 336.
Streets and sidewalks — See Ch. 338.
Water — See Ch. 405.
[1]
Editor's Note: This ordinance was adopted as Ch. 301 but was
renumbered to fit into the organizational structure of the Code.
A.
Regulation of illicit connections and discharges to the municipal
storm drain system is required by federal and state law, and is necessary
for the protection of the City's water bodies and groundwater,
and to safeguard the public health, safety, welfare and the environment.
B.
The objectives of this chapter are:
(1)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges to the
MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this chapter through inspection, monitoring, and enforcement.
As used in this chapter, the following terms shall have the
meanings indicated:
The Department of Public Works of the City of Springfield
(hereinafter the "Department"), its employees or agents designated
to enforce this chapter.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
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 the commonwealth from any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance, which allows
an unlawful 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 chapter.
A direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 334-7. 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 § 334-7 of this chapter.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
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 the United States Environmental Protection
Agency, or jointly with the commonwealth, that authorizes the discharge
of pollutants to waters of the United States.
A 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, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into the municipal storm drain system or any waters
of the commonwealth. Pollutants shall include, without limitation:
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, articles, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Any surface flow, runoff, or drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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,
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 Ch. 21C and
Ch. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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, byproduct
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including, without limitation, a river, brook or
underground stream.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
This chapter shall apply to flows entering the municipally owned
storm drainage system.
The Department shall administer, implement and enforce this
chapter. Any powers granted to or duties imposed upon the Department
may be delegated in writing by the Director of the Department to employees
or agents of the Department.
The Department may promulgate rules and regulations to effectuate
the purposes of this chapter. Failure by the Department to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this chapter.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the waters of the commonwealth.
B.
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.
C.
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
Department.
A.
Discharge or flow resulting from fire-fighting activities is exempt.
B.
The following non-stormwater 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:
(1)
Water line flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
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, or temporary
fund-raising car wash events;
(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 or tested for chlorine levels with a pool test
kit 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 Department
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 Department.
A.
The Department 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.
B.
Any person discharging to a municipal storm drain system in violation
of this chapter may have their municipal storm drain system access
terminated if such termination would abate or reduce an illicit discharge.
The Department will notify a violator of the proposed termination
of municipal storm drain system access. The violator may petition
the Department for reconsideration and hearing. A person commits an
offense if the person reinstates municipal storm drain system access
to premises terminated pursuant to this section, without prior approval
from the Department.
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 storm 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, Department of Public Works, and the Board
of Health. 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.
A.
The Department or an authorized agent of the Department shall enforce
this chapter, and any regulations, orders, violation notices, and
enforcement orders issued thereunder, and may pursue all civil and
criminal remedies for such violations.
B.
Civil relief. If a person violates the provisions of this chapter,
or any regulation, permit, notice, or order issued thereunder, the
Department may seek injunctive relief in a court of competent jurisdiction
to restrain the person from activities that would create further violations
or to compel the person to abate or remediate the violation.
C.
Orders. The Department or an authorized agent of the Department may
issue a written order to enforce the provisions of this chapter or
the regulations thereunder, which may include:
D.
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
City may, at its option, undertake such work, and expenses thereof
shall be charged to the violator or property owner.
E.
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 of
the Department 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 at which the costs
first become due.
F.
Criminal penalty. Any person who violates any provision of this chapter,
regulation, order or permit issued thereunder, shall be punished by
a fine of not more than $[_____]. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
G.
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. The Director of
the Department, or the Director's designee, shall be the enforcing
person. The penalty for the first violation shall be $[_____]. The
penalty for the second violation shall be $[_____]. The penalty for
the third and subsequent violations shall be $[_____]. Each day or
part thereof that such violation occurs or continues shall constitute
a separate offense.
H.
Entry to perform duties under this chapter. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Department, its agents, officers, and employees
may enter upon privately owned property for the purpose of performing
their duties under this chapter and regulations and may make or cause
to be made such examinations, surveys or sampling as the Department
deems reasonably necessary.
I.
Appeals. The decisions or orders of the Department shall be final.
Further relief shall be to a court of competent jurisdiction.
J.
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
Residential property owners shall have 60 days from the effective
date of this chapter to comply with its provisions, provided good
cause is shown for the failure to comply with the chapter during that
period.
