The following exemptions are applicable to §
154-9 of this chapter.
A. Discharge or flow resulting from firefighting activities.
B. The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwaters, provided that the source is not a significant
contributor of a pollutant to the municipal storm drainage system:
(2) Flow from potable water sources;
(4) Natural flow from riparian habitats and wetlands;
(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;
(11)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine) with written authorization to discharge received
from the Authorized Enforcement Agency, 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)
Street wash water by methods approved by City;
(13)
Water used for dyed water testing, provided verbal notification
is given to the Authorized Enforcement Agency prior to the time of
the test;
(14)
Nonstormwater discharge permitted under a 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 Authorized Enforcement Agency as necessary to protect public health,
safety, welfare or the environment.
The Authorized Enforcement Agency may suspend municipal storm
drainage 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.
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 drainage system or waters of the Commonwealth of
Massachusetts, 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 Fire and Police Departments, Board of Health, and the Department
of Public Works. 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,
email, 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.