Chapter 219 is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to MGL c. 83, §§ 1, 10 and 16, as amended by St. 2004, c. 149, §§ 135-140, and the regulations of the federal Clean Water Act at 40 CFR 122.34.
A.
The purpose of this chapter is to protect, maintain, and enhance
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects
of increased nonpoint source pollution associated with new development,
redevelopment, and other land disturbance activities, and post-development
stormwater runoff.
B.
This chapter seeks to meet such purpose by establishing a mechanism
to comply with Parts II.B.3.(b), II.B.4 and II.B.5 of the Massachusetts
Small MS4 General Permit jointly issued by the United States Environmental
Protection Agency (EPA) and the Massachusetts Department of Environmental
Protection (MassDEP), and the MassDEP surface water discharge permit
regulations at 310 CMR 3.06(11)(b)5.
A.
The Director or Deputy Director of the Department of Public Works
of the City of Haverhill (Director) or his/her authorized deputy or
representative shall administer, implement and enforce the provisions
of this chapter. Any powers granted to or duties imposed on the Director
may be delegated by the Director to other City personnel.
B.
The Director may promulgate and periodically amend rules and regulations
to effectuate the purpose of this chapter. Failure by the Director
to promulgate such rules and regulations or a legal declaration of
their invalidity by a court shall not act to suspend or invalidate
the effect of this chapter.
This chapter shall apply to all construction, development and redevelopment activities involving land disturbance of one acre or more (including disturbances less than one acre if part of a larger common plan) and that discharge stormwater runoff to the City MS4, unless exempt pursuant to § 219-7 of this chapter. All activities under the jurisdiction of this chapter, as prescribed in this chapter, shall be required to obtain a stormwater management permit (SMP). Notwithstanding any other provision of this chapter, this chapter shall apply only to those who disturb an acre or more of land and discharge stormwater runoff to the City system.
The provisions of this chapter are hereby declared to be severable.
The invalidity of any section, provision, paragraph, sentence, or
clause of this chapter shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
