Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses, or effects which are or may
potentially be harmful or injurious to human health, welfare, safety
or property, to biological productivity, diversity, or stability or
which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
AUTHORIZED REPRESENTATIVE OF THE USER
A.
If the user is a corporation:
(1)
The president, secretary, or a vice president of the corporation
in charge of a principal business function, or any other person who
performs similar policy or decisionmaking functions for the corporation;
or
(2)
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
B.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
C.
If the user is a federal, state or local government facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
D.
The individuals described in Subsections
A through
C above may designate another authorized representative if authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent.
BEST MANAGEMENT PRACTICES (BMP)
Either structural or nonstructural devices that temporarily
store or treat urban stormwater runoff to reduce flooding, remove
pollutants, and provide other amenities, or nonstructural practices
that reduce pollutants at their source.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning 10 feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal (sometimes called "sewer service").
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
COMMISSION
The Chicopee Water and Sewer Commission.
COMPOSITE SAMPLE
For monitoring requirements, a combination of individual
samples of equal volume collected at equally spaced intervals (not
to exceed one hour) during hours of production (not to exceed a twenty-four-hour
period) or proportional according to flow. In the case of a batch
discharge of two hours or less, the composite will consist of eight
or more volume, flow, or time proportional samples.
CONTROL MANHOLE
A sampling and monitoring station which may be located in
a manhole, vault, pit or room within the premises of the user.
CSO
Combined sewer overflow.
DESIGN STORM
A rainfall event of specified size and return frequency that
is used to calculate the runoff volume and peak discharge rate.
DETENTION
The temporary storage of stormwater runoff in a BMP, which
is used to control the peak discharge rates, and provides gravitational
settling of pollutants.
DISCHARGE
The meaning of term(s) "discharge" for use in this chapter
is as follows:
B.
DISCHARGE OF POLLUTANTSThe 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.
C.
ILLEGAL STORMWATER DISCHARGEAny direct or indirect non-stormwater discharge to the municipal storm drain system, except as specifically exempted in §
231-7 of this chapter. The term does not include a discharge in compliance with an NPDES stormwater discharge permit.
E.
STORMWATER DISCHARGEThe discharge of treated or untreated stormwater directly by a conduit to the City's MS4.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridgeline.
DRYWELL
An approved structure used to infiltrate stormwater.
DWO
Dry weather overflow.
EASEMENT
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
FLOW ATTENUATION
Prolonging the flow time (lagging) of runoff to reduce the
peak discharge.
GRAB SAMPLE
For monitoring requirements, an individual sample which is
taken from a waste stream on a one-time basis with no regard to flow
or time.
GROUNDWATER
All water beneath the surface of the ground.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance which allows
an illegal discharge into the municipal storm drain system. Illicit
connections include conveyances which allow a non-stormwater 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 chapter.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
INDUSTRIAL WASTE
The liquid waste from manufacturing processes, trade, or
business, distinct from sanitary sewage.
INFILTRATION
The downward movement of water from the surface to subsurface
soils.
INFILTRATION TRENCH
A stormwater management device filled with aggregate, which
removes both soluble and particulate pollutants. Trenches are not
intended to trap coarse sediments.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
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 of Chicopee.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
NEW SOURCE or NEW USER
Any building, structure, facility or installation from which
there is proposed (or may be) a discharge of stormwater, the construction
of which commenced after the adoption of this chapter.
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.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finishing
product.
OUTFALL
The terminus of a storm drain or other stormwater structure
where stormwater is discharged.
PEAK DISCHARGE
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm.
PERMEABLE SOILS
Soil materials with a sufficiently rapid infiltration rate
so as to greatly reduce or eliminate surface water and stormwater
runoff. These soils are generally classified as Soil Conservation
Service hydrologic soil Types A and B.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state and
local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include but not be limited to:
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, ordinances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in stormwater prior to, or in lieu of, introducing such pollutants
into the POTW or MS4. This reduction or alteration can be obtained
by physical, chemical, or biological processes; by process changes;
or by other means, except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement or devices related
to pretreatment imposed on a user, other than a pretreatment standard.
PROCESS WASTEWATER
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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and that is controlled by the City of Chicopee.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the City of Chicopee. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
RETENTION
The holding of runoff in a basin without release except by
means of evaporation, infiltration, or emergency bypass.
SANITARY SEWER
A conduit that carries sewage and to which storm-, surface
and groundwaters are not intentionally added.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT USER
A user of the MS4 that, in the opinion of the Superintendent,
has the capacity to adversely impact:
A.
Public health, safety, and general welfare.
E.
Property, public or private.
F.
Operation and maintenance of the MS4.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STATE
The Commonwealth of Massachusetts.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the City of Chicopee to supervise
the Department of Public Works, and who is charged with certain duties
and responsibilities by this chapter, or his duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
SWALE
A natural depression or wide shallow ditch used to temporarily
store, route or filter runoff.
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.
TR 55
Technical Release 55, Urban Hydrology for Small Watersheds,
is a hydrologic model developed by the Soil Conservation Service to
calculate stormwater runoff and to aid in designing detention basins
TR-20
A watershed hydrology model developed by the Soil Conservation
Service that is used to route a design storm hydrograph through a
pond.
USER
Any property owner or permittee that has any stormwater discharge,
direct stormwater discharge, or indirect stormwater discharge.
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.
WATERCOURSES
A natural or man-made channel through which water flows or
a stream of water, including 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.
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's 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, Department of Public
Works and Board of Health. In the event of a release of nonhazardous
material, said person shall notify the authorized enforcement agency
no later than the next business day. Written confirmation of all telephone,
facsimile or in-person notifications shall be provided to the authorized
enforcement agency 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 onsite
a written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three
years.
The Department of Public Works or its authorized agent shall
enforce this chapter, and the regulations promulgated hereunder, as
well as the terms and conditions of all permits, notices, and orders,
and may pursue all civil and criminal remedies for such violations.
A. Civil relief. If anyone violates the provisions of this chapter,
regulations, permit, notice, or order issued hereunder, the Department
of Public Works 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.
B. Orders.
(1) The Superintendent may issue a written order to enforce the provisions
of this chapter or the regulations hereunder, 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. If the Superintendent 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 or property
owner fail to abate or perform remediation within the specified deadline,
the City may, at its option, undertake such work, and expenses thereof
shall be charged to the violator or property owner.
(2) Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner will be notified of the costs incurred by the City, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Superintendent
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 Superintendent 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 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.
(3) The remedies provided in this chapter are not exclusive. The Superintendent
may take any, all, or any combination of these actions against a noncompliant
user. However, the Superintendent may take other action against any
user when the circumstances warrant. Further, the Superintendent is
empowered to take more than one enforcement action against any noncompliant
user.
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this chapter, stormwater discharge permit,
or any applicable state or federal standard or requirement, the Superintendent
may serve upon that user a written notice of violation. Within 15
days receipt of this notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof, to include
specific required actions shall be submitted to the Superintendent.
Submission of this plan shall in no way relieve the user of liability
for any violations occurring before or after the receipt of the notice
of violation. Nothing in this section shall limit the authority of
the Superintendent to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
The City may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §
231-18 of this chapter and shall be judicially enforceable.
The Superintendent may order a user that has violated, or continues
to violate, any provision of this chapter, a stormwater discharge
permit or order issued hereunder, or any other applicable state or
federal standard or requirement, to appear before the Superintendent
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 15 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
When the Superintendent finds that a user has violated, or continues
to violate, any provision of this chapter, a stormwater discharge
permit, or order issued hereunder, or any state or federal standard
or requirement, the Superintendent may petition the appropriate court
through the City Solicitor for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the stormwater discharge permit, order, or other requirement
imposed by this chapter on activities of the user. The Superintendent
may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
The Superintendent may decline to issue or reissue a stormwater
discharge permit to any user who has failed to comply with any provision
of this chapter, a previous stormwater discharge permit, or order
issued hereunder, or any other applicable state or federal standard
or requirement, unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the
MS4 caused by its discharge.
A violation of any provision of this chapter, a stormwater discharge
permit or order issued hereunder, or any other applicable state or
federal standard or requirement, is hereby declared a public nuisance
and shall be corrected or abated as directed by the Superintendent.
Any person(s) creating a public nuisance shall be subject to the provisions
of the Codes of the City of Chicopee governing such nuisances, including
reimbursing the City of Chicopee for any costs incurred in removing,
abating, or remedying said nuisance.
To the extent permitted by state law, or if authorized by the
owner or other party in control of the property, the Superintendent,
its agents, officers, and employees may enter upon privately owned
property for the purpose of performing their duties under this chapter
and regulations and may make or cause to be made such examinations,
surveys or sampling as the Superintendent deems reasonably necessary
The decisions or orders of the Superintendent and Board of Water-Sewer
Commissioners shall be final. Further relief shall be to a court of
competent jurisdiction.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
The Superintendent shall publish at least annually, in the largest
daily newspaper where the MS4 is located, a list of the users that,
during the previous 12 months, were in significant noncompliance with
applicable stormwater management standards and requirements. The term
"significant noncompliance" shall mean:
A. Any other discharge that the Superintendent believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of DPW personnel or the general public;
B. Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
C. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a stormwater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
D. Failure to provide within 30 days after the due date, any required
reports, including monitoring reports, reports on compliance with
stormwater management standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
E. Failure to accurately report noncompliance; or
F. Any other violation(s), which the Superintendent determines will
adversely affect the operation or implementation of the local stormwater
management program.