A.
Regulation of discharges to the municipal storm drainage system is
necessary for the protection of the City's water bodies and groundwater,
and to safeguard public health, safety, welfare, and environment.
The purpose of this chapter is to improve and protect water quality,
reduce erosion and sedimentation, promote environmentally sensitive
site design practices, and ensure long term maintenance of stormwater
controls. This chapter is required to meet all applicable federal
and state requirements of the City's National Pollutant Discharge
Elimination System Small Municipal Separate Storm Sewer Systems General
Permit, commonly known as the "NPDES MS4 permit."
B.
The purposes, objectives, and intent of this chapter are as follows:
(1)
To prevent pollutants from entering the City's municipal storm
drainage system and waters of the Commonwealth of Massachusetts;
(2)
To establish an Authorized Enforcement Agency to promulgate, adopt,
implement, enforce and amend stormwater regulations;
(3)
To prohibit nonstormwater and unauthorized discharges, connections
and obstructions to the municipal storm drainage system;
(4)
To require the removal of all such illicit discharges, connections
and/or obstructions;
(5)
To comply with state and federal statutes and regulations relating
to stormwater discharges;
(6)
To establish procedures to regulate construction and post-construction
stormwater runoff management from new development and redevelopment;
and
(7)
To establish 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 Commissioner of Public Works, his/her employees, officers,
or agents are designated to enforce this chapter.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
Any construction or grading activities other than for agricultural
and silvicultural purposes.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts.
An area where land disturbance has occurred or is planned.
A condition in which the earth's surface, including
soil or rock fragment, is detached and moved away by the action of
water, wind, ice, gravity or other means.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage 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.
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of stormwater, except as exempted in § 154-10 of this chapter. The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit or resulting from firefighting activities exempted pursuant to § 154-10 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.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material,
or results in the removal or covering up of natural vegetation.
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 United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts 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 drainage system or waters of
the Commonwealth of Massachusetts.
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, ordnances, 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.
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.
Solid material, whether mineral or organic, that is in suspension,
is transported or has been moved from its site of origin by erosion.
Any water resulting from rainfall or other precipitation
that runs off surfaces during or after a storm, including stormwater
runoff, snowmelt runoff, and surface water runoff and drainage.
As a text, shall mean the handbook, Volume One, Volume Two,
and Volume Three prepared by the Massachusetts Department of Environmental
Protection dated February 2008 as the same may be from time to time
revised.
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.
The land area which drains into the City's reservoirs.
The watershed areas are depicted and identified on the Geographic
Information System of the City of Fitchburg.
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.
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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40 and 310 CMR 10.00 et seq.
This chapter shall apply to:
A.
Every user of the City's municipal storm drainage system, including
discharges to the municipal storm drainage system and to the waters
of the Commonwealth of Massachusetts.
B.
Any land disturbance activity, including clearing, grading, and excavation
in which any one or more of the following criteria are met:
(1)
The total cumulative disturbed area exceeds 20,000 square feet.
(3)
The proposed disturbed area is located on a parcel of land having
more than 5,000 square feet of existing impervious area and the project
will result in a net increase of 30% or more of impervious area.
(4)
Exemptions.
(a)
Construction activities waived from permit coverage under the
NPDES General Permit for Stormwater Discharges from Construction Activities.
(b)
Routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, or the original purpose of the
site.
(c)
Normal maintenance and improvement of land in agricultural use
as defined by the Wetlands Protection Act regulation, 310 CMR 10.04.
(d)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling.
(e)
The construction of fencing that will not substantially alter
existing terrain or drainage patterns.
(f)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns.
(g)
Emergency work to protect life, limb, or property.
The Authorized Enforcement Agency, as defined in § 154-2 of this chapter, shall administer, implement and enforce this chapter, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the Authorized Enforcement Agency may be delegated, in writing, by the Authorized Enforcement Agency to employees or agents of the Authorized Enforcement Agency.
The Authorized Enforcement Agency may adopt and periodically
amend rules and regulations, not inconsistent, herewith, to effectuate
the purposes of this chapter. Said regulations may include but shall
not be limited to provisions regarding administration, application
requirements and fees, permitting procedures and requirements, design
standards, surety requirements, inspection and site supervision requirements,
waivers and exemptions, and enforcement procedures. Failure by the
Authorized Enforcement Agency to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this chapter.
A.
The Authorized Enforcement Agency and/or its agent shall be responsible
for enforcing the provisions of this chapter. To this end, the Authorized
Enforcement Agency and its agent shall have the authority to seek
remedies, as described within the stormwater regulations, to enforce
this chapter, its regulations and/or the terms and conditions of its
permit.
B.
Any person found to be violating any of the provisions of this chapter
and regulations promulgated by the Authorized Enforcement Agency pursuant
to the authority granted by this chapter and by any and all applicable
federal, state or local laws, regulations or rules shall be subject
to enforcement action, as described within the stormwater regulations.
Each day in which any such violation continues shall be deemed a separate
offense.
C.
Any person found to be violating any of the provisions of this chapter
and regulations promulgated by the Authorized Enforcement Agency pursuant
to the authority granted by this chapter and by any and all applicable
federal, state or local laws, regulations or rules shall become liable
to the City for any expense, loss or damage occasioned the City by
reason of such violation.
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 90 days from the effective
date of this chapter to comply with its provisions, provided good
cause is shown for the failure to comply with this chapter during
that period.
