[HISTORY: Adopted by the Town Council of the Town of West Springfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal charges liens — See Ch. 141, Art. I.
Water — See Ch. 257.
[Adopted 4-19-2005 by Ord. No. 121 (Ch. 7, § 7-1600, of the Codified Ordinances)]
A. 
The purpose and intent of this article is to ensure the health, safety and general welfare of the citizens of the Town of West Springfield and to protect and enhance the water quality of watercourses and water bodies within the Town of West Springfield, in a manner consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq), by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges to the storm drain system.
B. 
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.
C. 
Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.
D. 
The objectives of this article are:
(1) 
To prevent pollutants from entering the Town'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 article through inspection, monitoring, and enforcement.
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY
The Department of Public Works of the Town of West Springfield (hereinafter the "Department"), its employees or agents designated to enforce this article.
BEST MANAGEMENT PRACTICES (BMPs)
Structural, nonstructural, and managerial techniques that are recognized to be the most effective and practical means to prevent or minimize increases in stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment.
[Added 6-21-2021]
CLEAN WATER ACT
The Federal Clean Water Act (33 U.S.C. § 1251 et seq.) as hereinafter 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.
EXPENSES OF ENFORCEMENT OR CORRECTION (EEC)
All costs and expenses, including all penalties imposed by this article, incurred or imposed by the Town, in enforcing this article, or for violations thereof, including but not limited to attorney fees, consultant and expert witness fees.
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 this article.
ILLICIT DISCHARGE
A direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 204-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to § 204-8 of this article.
IMPERVIOUS SURFACE
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, and rooftops.
MUNICIPAL SEPARATE STORM SEWER SYSTEM OR MUNICIPAL STORM DRAIN SYSTEM (MS4)
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 Town of West Springfield.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.
NEW DEVELOPMENT (aka NEW SOURCE)
Any building, structure, facility or installation from which there is proposed (or may be) a discharge of stormwater, the construction of which commenced on or after July 1, 2021, resulting in a total earth disturbance equal to or greater than one acre (or a combination of activities that are part of a larger common plan of development disturbing greater than one acre) or on an area that has not previously been developed to include impervious cover, subject to the following conditions:
[Added 6-21-2021]
A. 
Construction on a site at which an existing source is located results in redevelopment rather than a new source if the construction does not create a new building, structure, facility, impervious surface or installation.
B. 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(1) 
Begun, or caused to begin, as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment, or significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(2) 
Entered into a building contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.
NON-STORMWATER DISCHARGE
Discharge to the municipal storm drain system not composed entirely of stormwater.
OWNER/OPERATOR
The responsible party that owns, operates, maintains, or has a financial and/or operational responsibility for a facility that discharges, either directly or through a stormwater system, stormwater runoff into the Town's MS4.
[Added 6-21-2021]
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, effluent, or other matter, whether originating at a point or nonpoint source, that is or may reasonably be expected to be introduced into the MS4 or waters of the commonwealth. Pollutants shall include without limitation:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Nonhazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; 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.
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.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious surface resulting in a total earth disturbance equal to or greater than one acre (or a combination of activities that are part of a larger common plan of development disturbing greater than one acre) that does not meet the definition of a new development.
[Added 6-21-2021]
SITE
The area extent of construction activities, including but not limited to the creation of new impervious cover and improvement of existing impervious cover (e.g., repaving, demolition or reconstruction of large facilities).
[Added 6-21-2021]
STORMWATER
Stormwater runoff, snow melt 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.
SUSPENDED SOLIDS
The suspended matter that floats on the surface of, or is suspended in, water, wastewater, stormwater runoff, or other liquid and which is removable by laboratory filtering. The total organic and inorganic solids in a given sample of liquid is the total suspended solids (hereinafter "TSS").
[Added 6-21-2021]
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.
VIOLATOR
A person, as defined above, who is in violation of this article.
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, but not limited to, 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 the Home Rule Procedures Act, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34 in effect at the time of the adoption of this article, a copy of which is on file in the West Springfield Town Council office.
The Department may promulgate rules and regulations to effectuate the purposes of this article and establish the procedures for inspecting and monitoring property in Town for compliance. Failure by the Department to promulgate such rules and regulations shall not have the effect of suspending or invalidating this article.
[Added 6-21-2021[1]]
A. 
All stormwater systems shall be designed and constructed in conformance with the applicable specifications of the most current edition of the DEP's Massachusetts Stormwater Handbook, Stormwater Management Standards.
B. 
All private stormwater systems that discharge to the MS4 shall also meet the following requirements:
(1) 
New development stormwater systems shall be designed to meet an annual pollutant removal of 90% of the average annual load of the TSS related to the total post-construction impervious surface on the site and 60% of the average annual load of total phosphorous related to the total post-construction impervious surface area on the site.
(2) 
Redevelopment stormwater systems shall be designed to meet an average annual pollutant load removal equivalent to 80% of the average annual post-construction load of TSS related to the total post-construction impervious area of the site and 50% of the average annual load of total phosphorous related to the total post-construction impervious surface area on the site.
C. 
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall be exempt from the conditions of § 204-7B(2). Roadway widening or improvements that increase the amount of impervious area on the redevelopment site greater than a single lane shall be governed by the requirements of § 204-7B(2).
[1]
Editor's Note: This enactment also renumbered former §§ 204-7 through 204-13 as §§ 204-9 through 204-15, respectively.
[Added 6-21-2021[1]]
A. 
The requirements of this section shall apply to properties where:
(1) 
The site is considered a new development or a redevelopment and results in the total earth disturbance equal to or greater than one acre or the site is less than one acre but part of a larger common plan of development or redevelopment which disturbs more than one acre; and
(2) 
The site discharges into the Town's MS4.
B. 
Owners/operators of sites subject to this section will be required to submit as-built plans to the Department within 360 days after the completion of site development and redevelopment. The as-built plans must demonstrate that all required provisions set forth in project approval by any Town organization, the Department, or by Town Council have been complied with during construction. The as-built plans required by this section must:
(1) 
Be professionally drawn and stamped; and
(2) 
Be accompanied by a post-construction report recording the BMPs utilized during construction; and
(3) 
Demonstrate that the stormwater management system on the site was built in conformance with the applicable specifications of the most current edition of the DEP's Massachusetts Stormwater Handbook, Stormwater Management Standards; and
(4) 
Demonstrate that the provisions of § 204-7 were adhered to in the construction of the site.
C. 
Within 30 days of submission of the as-built plans, the owner/operator of the site is required to schedule a post-construction walk-through with the Department or one of its representatives to verify the site conditions match those as recorded on the as-built plans. Discrepancies that become apparent during this inspection shall be remediated within 60 days of the inspection and a second walk-through shall be scheduled with the Department.
D. 
The owner/operator of the property on which work has been done pursuant to this section shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. Such repairs or restoration shall be in accordance with an approved operation and maintenance plan.
[1]
Editor's Note: This enactment also renumbered former §§ 204-7 through 204-13 as §§ 204-9 through 204-15, respectively.
A. 
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the 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 MS4, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection; provided that any person who has an illicit connection validly permitted prior to the effective date of this article shall have 60 days to remove said connection or obtain a permit for said connection.
C. 
Obstruction of MS4. No person shall obstruct or interfere with the normal flow of stormwater into or out of the MS4 without prior written approval from the Department.
A. 
Discharge or flow resulting from fire-fighting activities.
B. 
The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwater, provided that the source is not a significant contributor of a pollutant to the MS4:
(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 water from car washing conducted by a nonprofit or charitable organization as part of a fund-raising activity on behalf of said organization;
(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 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) 
A discharge for which advanced written approval is received from the Department.
A. 
The Department may suspend or terminate MS4 access to any person or property without prior written notice when such action is determined to be reasonably necessary to stop an actual or threatened illegal discharge that presents, or may present, imminent risk of harm to the public health, safety, welfare or to the environment. The person or property owner who has had MS4 access suspended or terminated may, within 30 days of notice of the action to suspend or terminate, request a hearing before the Director of the Department of Public Works appealing the action. Written notice of the suspension or termination shall be served on the person or the property owner as soon as practical, but no later than seven days after the suspension or termination. In the event any person fails to comply with an emergency suspension or termination order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or to the environment.
B. 
Any person discharging to the MS4 system in violation of this article may have his/her access to the MS4 suspended or terminated, after a hearing, if such suspension or termination would abate or reduce a violation of this article. The Department shall notify the alleged violator of the hearing regarding the proposed termination or suspension of MS4 access by written notice, mailed to the violator not less than 10 calendar days prior to the scheduled hearing date. Said notice shall contain a summary of the reason(s) for the proposed suspension or termination and the effective date of said suspension or termination.
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 MS4 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 Department. 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 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. Any unpaid EEC, after 30 days, shall be lien on all property in Town owned by the violator and shall be subject to the municipal charges lien provisions of the general ordinances.[1]
[1]
Editor's Note: See Ch. 141, Fees and Charges, Art. I.
A. 
The Department, or an authorized agent of the Department, shall enforce this article, as well as regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Civil relief. If a person violates the provisions of this article, or any regulation, 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. Any unpaid EEC, after 30 days, shall be a lien on all property in Town owned by the violator, and shall be subject to collection pursuant to the municipal charges lien provisions of the general ordinances.[1]
[1]
Editor's Note: See Ch. 141, Fees and Charges, Art. I.
C. 
Orders. The Department, or an authorized agent, may issue a written order to enforce the provisions of this article, or the regulations thereunder, which may include:
(1) 
Elimination of illicit connections or discharges to the MS4;
(2) 
Performance of monitoring, analyses, and reporting;
(3) 
That unlawful discharges, practices, or operations shall cease and desist; and
(4) 
Remediation of contamination in connection therewith.
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 fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and EEC shall be charged to the violator,
E. 
Within 30 clays after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the EEC incurred by the Town, including administrative costs. The violator 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, the EEC 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 article, regulation, order or permit issued thereunder shall be punished by a fine of not more than $1,000. Each day or part hereof that such violation occurs or continues shall constitute a separate offense.
G. 
Noncriminal disposition. As an alternative to criminal prosecution, the Town may elect, in addition to civil relief, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and as outlined in Chapter 1 Article II, of the General Ordinances of the Town of West Springfield to enforce this article, and any EEC shall be a lien under the municipal charges lien provisions of the general ordinances.[2] The use of the noncriminal procedure shall not limit the ability or authority to seek criminal penalties in addition to any other enforcement method authorized in this article.
[2]
Editor's Note: See Ch. 141, Fees and Charges, Art. I.
H. 
Entry to perform duties under this article. To the extent permitted by state law and by this article, or if authorized by the owner or other party in control of the property, the Department or its 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 the Department deems reasonably necessary.
I. 
Appeals. The decisions or orders of the Department shall be final.
J. 
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.
The provisions of this article are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this article 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 article.
Property owners shall have 60 days from the effective date of this article to comply with its provisions, provided good cause is shown for the failure to comply with the article during that period.