[HISTORY: Adopted by the Town of Palmer as indicated in article
histories. Amendments noted where applicable.]
[Adopted 8-11-2008 by Ord. No. 2008-05 (Ch. 146 of the 2007 Code)]
A.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of Palmer's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment. Increased and contaminated stormwater
runoff are major causes of:
B.
The objectives of this article are:
(1)
To prevent pollutants from entering Palmer'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:
The Director of the Department of Public Works or Town Manager
or designated representative or agent shall enforce this article.
Structural or biological devices that retain, temporarily
store, and/or treat stormwater runoff to reduce the quantity and/or
improve the quality of stormwater runoff. BMPs, as recognized by both
the United States Environmental Protection Agency and the Massachusetts
Department of Environmental Management, can also be nonstructural
practices, such as a maintenance procedure, that reduce pollutants
at their source. BMPs are further described in a stormwater design
manual, Stormwater Management, Volume Two: Stormwater Technical Handbook
(March, 1997, Mass. Department of Environmental Protection, as updated
or amended).
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 commonwealth from any source by any means.
All water beneath the surface of the ground.
Any direct or indirect nonstormwater discharge to the municipal storm drain system, except as specifically exempted in § 114-6D or permitted pursuant to § 114-6A of this chapter. The term does not include a discharge in compliance with an NPDES Stormwater Discharge Permit or resulting from fire-fighting activities exempted pursuant to § 114-6D of this chapter.
Any surface or subsurface drain or conveyance which allows
an illegal discharge into the municipal storm drain system or waters
of the commonwealth. Illicit connections include conveyances which
allow a nonstormwater discharge to the municipal storm drain system,
including 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.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
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 Palmer.
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.
Any discharge to the municipal storm drain system not composed
entirely of stormwater or which contains substances other than stormwater.
Any individual, partnership, association, firm, company,
trust, corporation, and any 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 any sewage treatment works or waters of the commonwealth.
Pollutants shall include:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, 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 through the
percolation of runoff and surface water received through precipitation.
Runoff from precipitation or snow melt.
Any material which, because of its quantity, concentration,
chemical corrosiveness, flammability, reactivity, toxicity, infectiousness,
or radioactivity, 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 or 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.
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, costal waters, groundwaters, and vernal pools.
As defined in 314 CMR 4.00 in Section 4.02, Definitions, as the same
may from time to time be amended.
This article shall apply to flows entering the municipally owned
storm drainage system and waters of the commonwealth.
The Department of Public Works, Town Manager or designated representative
shall administer, implement and enforce this article. Any powers granted
to or duties imposed upon the Department of Public Works/Town Manager
may be delegated in writing by the Department of Public Works/Town
Manager to employees or agents of the Department of Public Works or
Town Manager.
The Department of Public Works and/or Town Manager may promulgate
rules and regulations to effectuate the purposes of this article.
Failure by the Department of Public Works and/or Town Manager to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this article.
A.
Illegal discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal storm drain system, watercourse, or into the waters of the commonwealth.
Emergency pumping performed by the Fire Department must utilize appropriate
best management practices (BMPs) and follow hazardous materials disposal
guidelines to prevent contamination of the municipal storm drainage
system with hazardous materials. If hazardous materials are observed
within the flooded area, or are suspected to be contained within the
flooded area, a qualified HAZMAT technician must be consulted before
pumping. If hazardous materials are observed at any point during pumping,
cessation of pumping is required until a qualified HAZMAT technician
can be consulted and BMPs put in place to prevent the contamination
of nearby waterways and the municipal storm drainage system.
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 approval from the Director
of the Department of Public Works.
D.
Exemptions. This section shall not apply to any of the following
nonstormwater discharges or flows, provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system as defined by Stormwater Phase II Final Rule in the Federal
Register Volume 64, No. 235 December 8, 1999.
(1)
Routine water line flushing;
(2)
Flows from potable water sources;
(3)
Springs;
(4)
Flows from riparian habitats and wetlands;
(5)
Diverted stream flows;
(6)
Rising groundwaters;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(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)
Discharges from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharges from dechlorinated swimming pool/hot tub water (less
than one ppm chlorine), provided it is allowed to stand for one week
prior to draining and the pool/hot tub is drained in such a way as
not to cause a nuisance;
(12)
Discharges from street sweeping (not including stockpile material);
(13)
Discharges or flows resulting from fire-fighting activities;
(14)
Dye testing, provided written notification is given to the Director
of the Department of Public Works prior to the time of the test;
(15)
Nonstormwater discharges permitted under an NPDES permit, waiver,
or waste discharge order administered under the authority of the United
States Environmental Protection Agency, provided that the discharge
is in full compliance with the requirements of the permit, waiver,
or order and applicable laws and regulations; and
(16)
Discharges for which advanced written approval is received from
the Town Manager if necessary to protect public health, safety, welfare
or the environment.
The Director of the Department of Public Works and/or Town Manager
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 illegal discharge that presents or may
present 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 Director of the Department of Public
Works and/or Town Manager may take all reasonable steps to prevent
or minimize harm to the public health, safety, welfare or the environment.
Notwithstanding any other requirements of local, state or federal
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials at
that facility operation which is resulting or may result in illegal
discharge of pollutants, that 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 Director
of the Department of Public Works. In the event of a release of nonhazardous
material, said person shall notify the Director of the Department
of Public Works no later than the next business day. Written confirmation
of all telephone, facsimile or in-person notifications shall be provided
to the Director of the Department of Public Works 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.
Enforcement agent. The Director of the Department of Public Works
and/or Town Manager or an authorized agent shall enforce this article,
and the regulations promulgated thereunder, as well as the terms and
conditions of all permits, notices, and orders, and may pursue all
civil and criminal remedies for such violations.
B.
Orders.
(1)
The Director of the Department of Public Works and/or Town Manager
may issue a written order to enforce the provisions of this article
or the regulations thereunder, which may include:
(a)
Elimination of illicit connections or discharges to the storm
drainage system;
(b)
Termination of access to the storm drainage system;
(c)
Performance of monitoring, analyses, and reporting;
(d)
Cessation of unlawful discharges, practices, or operations;
and
(e)
Remediation of contamination in connection therewith.
(2)
If the Director of the Department of Public Works and/or Town Manager
determines that abatement or remediation of contamination is required,
the order shall set forth a deadline for completion of the abatement
or remediation. Said order shall further advise that, should the violator
and/or property owner fail to abate or perform remediation within
the specified deadline, the Town may, at its option, undertake such
work, and expenses thereof shall be charged to the violator and/or
property owner.
(3)
Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and/or the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator and/or property owner may file a written protest objecting to the amount or basis of costs with the Department of Public Works and/or Town Manager 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 of Public Works and/or Town Manager 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 violator and/or 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. Nonpayment of the amount due shall impose a lien on real property located within the Town for any charge or fee imposed by the Town that has not been paid by the due date. Such charges and fees include, but are not limited to, any fee due under the provisions § 114-9 of this article, any charge or fee imposed by the noncriminal ticketing process established under the code or imposed by another department, division, board, or commission. This lien shall be known as a "municipal charges lien." The municipal charges lien will take effect upon the recording of a list of unpaid municipal charges and fees by parcel of land, and by the name of the person assessed for the charge or fee, in the Hampden County Registry of Deeds.
(4)
If a charge or fee which is secured by a municipal charges lien remains
unpaid when the Assessors are preparing a real estate tax list and
warrant to be committed under MGL c. 59, § 53, the board
or officer in charge of the collection of the municipal charge or
fee, or the Collector of Taxes, shall certify such charge or fee to
the Assessors, who shall forthwith add this charge or fee to the tax
on the property to which it relates and commit it with their warrant
to the Collector of Taxes as part of the tax.
(5)
If the property to which such charge or fee relates is tax-exempt,
such charge or fee shall be committed as the tax. A lien under this
section may be discharged by filing a certification from the Tax Collector
that all municipal charges or fees constituting the lien, together
with any interest and costs thereon, have been paid or legally abated.
All costs of recording or discharging a lien under this section shall
be borne by the owner of the property.
(6)
All invoices for the payment of municipal charges and bills are due
within 30 days after they are mailed, unless a different due date
is otherwise provided by law or ordinance. Any invoice remaining unpaid
after its due date, whether established in this section or otherwise,
will accrue interest from the due date at the rate of interest charged
on tax bills under the provisions of MGL c. 59, § 57, as
the same may from time to time be amended.
C.
Equitable remedy. If anyone violates the provisions of this article,
regulations, permit, notice, or order issued thereunder, the Town
of Palmer may seek injunctive relief in a court of competent jurisdiction
to restrain the person from activities which would create further
violations or compelling the person to abate or remediate the violation.
D.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town of Palmer may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D. The
Department of Public Works and/or Town Manager, Chief of Police, or
designated representative shall be the enforcing person. The penalty
for the first violation shall be $50. The penalty for the second violation
shall be $100. The penalty for the third and subsequent violations
shall be $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
E.
Right-of-entry. To the extent permitted by state law, or if authorized
by the owner or other party in control of the property, the Town Manager,
Director of the Department of Public Works or designated representative
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 Town Manager,
Director of the Department of Public Works or designated representative
deems reasonably necessary.
F.
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.
If any provision, paragraph, sentence, or clause of this article
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
All property owners shall have 60 days from publication of the
ordinance in the legal notice section of the newspaper to comply.
