[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 3-19-2019 by Ord. No. 19-17[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Flood Control Department — See Ch. 37.
Dike system — See Ch. 142.
Sewers — See Ch. 230.
Wastewater treatment — See Ch. 266.
Water — See Ch. 269.
Wetlands — See Ch. 272.
[1]
Editor's Note: This ordinance also repealed former Ch. 231,
Stormwater Management, adopted 10-21-2003 by Ord. No. 03-53.
A.
A stormwater management ordinance is hereby established to manage
the storm- and surface water system, maintain a good hydrological
balance, prevent property damage, better manage land development,
and protect water quality for the safety and enjoyment of citizens
and the preservation and enhancement of wildlife habitat. The Stormwater
Management Ordinance will provide for the administration and management
of the stormwater system that will include construction, and ongoing
operations and maintenance responsibilities related to the municipal
separate storm sewer system (MS4).
B.
The proper management of stormwater runoff will meet the following
objectives:
(1)
Reduce the adverse water quality impacts of stormwater and combined
sewer overflow discharges to rivers, lakes, reservoirs and streams
in order to attain federal water quality standards.
(2)
Prevent the discharge of pollutants, including hazardous chemicals
into stormwater runoff.
(3)
Minimize the volume and rate of stormwater which is discharged to
rivers, streams reservoirs, lakes and combined sewers.
(4)
Prevent erosion and sedimentation from improper land development,
and reduce stream channel erosion caused by increased runoff.
(5)
Provide for the recharge of groundwater aquifers and maintain the
base flow of streams.
(6)
Provide stormwater facilities that are attractive, maintain the natural
integrity of the environment, and are designed to protect public safety.
(7)
Maintain or reduce predevelopment runoff characteristics after development
to the extent feasible.
(8)
Minimize damage to public and private property from flooding.
(9)
Prevent pollutants from entering Chicopee's municipal separate
storm sewer system (MS4).
(10)
Prohibit illicit connections and unauthorized discharges to
the MS4.
(11)
Require the removal of all such illicit connections.
(12)
Comply with state and federal statutes and regulations relating
to stormwater discharge to establish the legal authority to ensure
compliance with the provisions of this chapter through inspection,
monitoring, and enforcement.
(13)
Establish the legal authority to ensure compliance with the
provisions of this chapter through inspection, monitoring and enforcement.
(14)
Prevent contamination of drinking water supplies.
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
The administrator of US EPA Region I, or authorized representative.
The Department of Public Works, its employees or agents designated
to enforce this chapter.
If the user is a corporation:
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
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.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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.
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.
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.
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.
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.
The extension from the building drain to the public sewer
or other place of disposal (sometimes called "sewer service").
A municipal corporation in the County of Hampden, Massachusetts.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
A sewer receiving both surface runoff and sewage.
The Chicopee Water and Sewer Commission.
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.
A sampling and monitoring station which may be located in
a manhole, vault, pit or room within the premises of the user.
Combined sewer overflow.
A rainfall event of specified size and return frequency that
is used to calculate the runoff volume and peak discharge rate.
The temporary storage of stormwater runoff in a BMP, which
is used to control the peak discharge rates, and provides gravitational
settling of pollutants.
The meaning of term(s) "discharge" for use in this chapter
is as follows:
DIRECT STORMWATER DISCHARGEThe discharge of treated or untreated stormwater directly to the waters of the Commonwealth of Massachusetts.
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.
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.
INDIRECT STORMWATER DISCHARGEThe discharge or flow of treated or untreated stormwater indirectly to the City's MS4 by any means other than a conduit.
STORMWATER DISCHARGEThe discharge of treated or untreated stormwater directly by a conduit to the City's MS4.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridgeline.
An approved structure used to infiltrate stormwater.
Dry weather overflow.
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.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the enactment of this chapter.
Prolonging the flow time (lagging) of runoff to reduce the
peak discharge.
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.
All water beneath the surface of the ground.
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.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
The liquid waste from manufacturing processes, trade, or
business, distinct from sanitary sewage.
The downward movement of water from the surface to subsurface
soils.
A stormwater management device filled with aggregate, which
removes both soluble and particulate pollutants. Trenches are not
intended to trap coarse sediments.
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.
A permit issued by the United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
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.
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.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
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
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.
Any discharge to the municipal storm drain system not composed
entirely of stormwater.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finishing
product.
The terminus of a storm drain or other stormwater structure
where stormwater is discharged.
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm.
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.
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.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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:
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, ordinances, 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.
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.
Any substantive or procedural requirement or devices related
to pretreatment imposed on a user, other than a pretreatment standard.
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.
A sewer in which all owners of abutting properties have equal
rights and that is controlled by the City of Chicopee.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
The holding of runoff in a basin without release except by
means of evaporation, infiltration, or emergency bypass.
A conduit that carries sewage and to which storm-, surface
and groundwaters are not intentionally added.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit for carrying sewage.
A user of the MS4 that, in the opinion of the Superintendent,
has the capacity to adversely impact:
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Massachusetts.
A conduit which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than non-contact
cooling water.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
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.
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.
A natural depression or wide shallow ditch used to temporarily
store, route or filter runoff.
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.
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
A watershed hydrology model developed by the Soil Conservation
Service that is used to route a design storm hydrograph through a
pond.
Water containing no pollutants.
Any property owner or permittee that has any stormwater discharge,
direct stormwater discharge, or indirect stormwater discharge.
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.
That portion of the POTW which is designed to provide wastewater
treatment.
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, coastal waters, and groundwater.
A.
This chapter shall apply to flows entering the municipally owned
storm drainage system (MS4), stormwater discharges, and indirect stormwater
discharges.
B.
Prior to the issuance of any stormwater discharge permit for any proposed development listed below, the Superintendent must approve a stormwater management plan or a waiver of the requirement for a stormwater management plan. In addition, the user must submit the required stormwater discharge permit application per § 231-9. No person shall, on or after the effective date of the chapter, initiate any land clearing; land grading, earthmoving or development activities without first complying with this chapter. The following uses shall be required to submit drainage reports, plans, construction drawings, specifications and as-built information in conformance with the requirements of this chapter:
(1)
Multifamily residential developments involving three or more units.
(2)
Any new source commercial, industrial, residential and institutional
structures under the same ownership, with at least 4,000 gross square
feet of impervious surface.
(3)
Redevelopment or additions to existing commercial, industrial, residential
and institutional uses which result in a total impervious surface
area of greater than 4,000 gross square feet.
(4)
Any activity that disturbs one acre or more of land.
(5)
Any other user, when the Superintendent deems that the application
and permitting is required to carry out the intent of this chapter.
A.
Submittal of stormwater management plans.
(1)
A stormwater management plan or an application for waiver shall be submitted to the Superintendent for review and approval for any proposed development specified in § 231-3. The plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The plan shall serve as the basis for all subsequent construction.
(2)
The applicant may request, and the Superintendent may grant, a waiver
from any information requirements he/she judges to be unnecessary
to the review of a particular plan.
B.
Inspections.
(1)
No plan will be approved without adequate provision for inspection
of the property before development activity commences. The applicant
shall arrange with the City Engineer for scheduling the following
inspections:
(a)
Initial inspection: prior to approval of any plan.
(b)
Erosion control inspection: to ensure erosion control practices
are in accord with the plan.
(c)
Bury inspection: prior to backfilling of any underground drainage
or stormwater conveyance structures.
(d)
Final inspection: when all work, including construction of stormwater
management facilities, has been completed.
(2)
The Superintendent shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved plan. The applicant shall promptly correct any portion of the work which does not comply, or the applicant will be subject to the bonding provisions of § 231-22 or the penalty provisions of § 231-21. The City may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
C.
Contents of the stormwater management plan. The applicant is responsible
for submitting a stormwater management plan which meets the design
requirements provided by this chapter. The plan shall include sufficient
information to evaluate the environmental characteristics of the affected
areas, the potential impacts of the proposed development on water
resources, and the effectiveness and acceptability of measures proposed
for managing stormwater runoff. The applicant shall certify on the
drawings that all clearing, grading, drainage, construction, and development
shall be conducted in strict accordance with the plan. The minimum
information submitted for support of a stormwater management plan
shall be as follows:
(1)
Plan contents.
(a)
Locus map.
(b)
Drainage area map showing pre- and post-construction watershed
boundaries, drainage area and stormwater flow paths.
(c)
Location of existing and proposed utilities.
(d)
Topographic survey showing existing and proposed contours (maximum
two-foot contour intervals).
(e)
Soils investigation, including borings or test pits, to a depth
greater than four feet below estimated seasonal groundwater for areas
where construction of infiltration practices will occur.
(f)
Description of all watercourses, impoundments, and wetlands
on or adjacent to the site or into which stormwater flows.
(g)
Delineation of 100-year floodplains, if applicable.
(h)
Groundwater levels at the time of probable high groundwater
elevation (November to April) in areas to be used for stormwater retention,
detention, or infiltration.
(i)
Existing and proposed locations cross sections, and profiles
of all brooks, streams, drainage swales and the method of stabilization.
(j)
Location of existing and proposed easements.
(k)
Proposed improvements, including location of buildings or other
structures, impervious surfaces, and storm drainage facilities, if
applicable.
(l)
Structural details for all components of the proposed drainage
systems and stormwater management facilities.
(m)
Timing schedules and sequence of development, including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization.
(n)
Maintenance schedule.
(o)
Notes on drawings specifying materials to be used, construction
specifications, and typicals.
(3)
Estimate of stormwater management construction costs.
(4)
Other information as required.
A.
Minimum control requirements. The minimum stormwater control requirements
shall require that all developments provide management measures necessary
to maintain the post-development peak discharges for a twenty-four-hour,
two-year frequency storm event at a level that is equal to or less
than the respective, predevelopment peak discharge rates, through
stormwater management practices that control the volume, timing, and
rate of flows. When the proposed stormwater discharge may have an
impact upon a sensitive receptor, including streams, storm sewers,
and/or combined sewers, the Superintendent may require an increase
in these minimum requirements.
B.
Stormwater management measures.
(1)
Stormwater management measures shall be required to satisfy the minimum
control requirements and shall be according to the following order
of preference:
(a)
On-site infiltration, flow attenuation, and pollutant removal
of runoff on-site to existing areas with grass, trees, and similar
vegetation and through the use of open vegetated swales and natural
depressions;
(b)
Retention and evaporation of stormwater on rooftops or in parking
lots;
(c)
Use of stormwater on-site to replace water used in industrial
processes or for irrigation;
(d)
Stormwater detention structures for the temporary storage of
runoff which is designed so as not to create a permanent pool of water;
and
(e)
Stormwater retention structures for the permanent storage of
runoff by means of a permanent pool of water.
(2)
Infiltration practices shall be utilized to reduce runoff volume
increases. A combination of successive practices may be used to achieve
the applicable minimum control requirements. Justification shall be
provided by the applicant for rejecting each practice based on site
conditions.
(3)
Best management practices shall be employed to minimize pollutants
in stormwater runoff prior to discharge into a combined or separate
storm drainage system or water body.
(4)
All stormwater management facilities shall be designed to provide
an emergency overflow system and incorporate measures to provide a
nonerosive velocity of flow along its length and at any outfall.
(5)
The designed release rate of any stormwater structure shall be modified
if any increase in flooding or stream channel erosion would result
at a downstream dam, highway, structure, or natural point of restricted
stream flow or result in increased combined overflow or sewer backups.
(6)
In addition, the Specific Standards and Design Criteria as detailed
in MADEP Storm Water Management Volumes One and Two, March 1997 edition,
must be included. These standards and design criteria include but
are not limited to the following:
(a)
No new stormwater conveyances (e.g., outfalls) may discharge
untreated stormwater directly to or cause erosion in wetlands or waters
of the commonwealth.
(b)
Stormwater management systems must be designed so that post-development
peak discharge rates do not exceed predevelopment peak discharge rates.
(c)
Loss of annual recharge to groundwater should be minimized through
the use of infiltration measures to the maximum extent practicable.
The annual recharge from the post-development site should approximate
the annual recharge from the predevelopment or existing site conditions,
based on soil types.
(d)
For new development, stormwater management systems must be designed
to remove 80% of the average annual load (post-development conditions)
of total suspend solids (TSS). It is presumed that this standard is
met when:
(e)
Stormwater discharges from areas with higher potential pollution
loads require the use of specific stormwater management BMPs. The
use of infiltration practices without pretreatment is prohibited.
(f)
Stormwater discharges to critical areas must utilize certain
stormwater management BMPs approved for critical areas. Critical areas
are outstanding resource waters (ORWs), shellfish beds, swimming beaches,
cold water fisheries and recharge areas for public water supplies.
(g)
Redevelopment of previously developed sites must meet the stormwater
management standards to the maximum extent practicable. However, if
it is not practicable to meet all the standards, new (retrofitted
or expanded) stormwater management systems must be designed to improve
existing conditions.
(h)
Erosion and sediment controls must be implemented to prevent
impacts during construction or land disturbance activities.
(i)
All stormwater management systems must have an operation and
maintenance plan to ensure that systems function as designed.
C.
Specific design criteria.
(1)
Infiltration systems.
(a)
Infiltration systems shall be equipped with clean stone and/or
filter fabric adjacent to the soil and have appropriate sediment removal
mechanisms;
(b)
Infiltration systems shall be located at least 20 feet from
basement walls;
(c)
Due to the potential for groundwater contamination, infiltration
systems shall not be an acceptable method for management of runoff
containing pollutants;
(d)
Infiltration systems designed to handle runoff from commercial
or industrial impervious parking areas shall be a minimum of 400 feet
from any water supply well;
(e)
Infiltration systems shall not be used as sediment control basins
during construction unless specific plans are included to restore
or improve the basin surface;
(f)
Infiltration basins shall be constructed with a three-foot minimum
separation between the bottom of the structure and the maximum groundwater
elevation; and
(g)
Provisions shall be made for safe overflow passage, in the event
of a storm, which exceeds the capacity of an infiltration system.
(2)
Retention and detention ponds shall be designed and constructed in
accordance with the criteria of the Soil Conservation Service's
"Urban Hydrology for Small Watersheds," Technical Release No. 55,
June 1986, unless otherwise approved by the Superintendent.
(3)
The applicant shall give consideration in any plan to incorporating
the use of natural topography and land cover, such as natural swales
and depressions as they exist prior to development to the degree that
they can accommodate the additional flow of water.
(4)
The Superintendent shall give preference to the use of swales in
place of the traditional use of curbs and gutters based on a case-by-case
review of stormwater management plans by the Department of Public
Works.
(5)
The applicant shall consider public safety in the design of any stormwater
facilities. The banks of detention, retention, and infiltration basins
shall be sloped at appropriate grade into the water as a safeguard
against personal injury, to encourage the growth of vegetation and
to allow the alternate flooding and exposure of areas along the shore.
Basins may require fencing depending on final design. Side slopes
must be stabilized and planted with vegetation to prevent erosion
and provide pollutant removal. The banks of retention areas shall
be designed with sinuous rather than straight shorelines so that the
length of the shoreline is maximized, thus offering more space for
the growth of vegetation.
(6)
Where a stormwater management plan involves direction of some or
all runoff off of the site, it shall be the responsibility of the
applicant to obtain from adjacent property owners any easements or
other necessary property interests concerning flowage of water. Approval
of a stormwater management plan does not create or affect any such
rights.
(7)
All applicants for projects which involve the storage or use of hazardous
chemicals shall incorporate handling and storage best management practices
that prevent such chemicals from contaminating runoff discharged from
a site into infiltration systems, receiving water bodies or storm
drains.
(8)
Runoff from parking lots shall be treated by oil/water separators
or other controls to remove oil and sediment;
(9)
A maintenance program for the basins/swales shall be prepared to
ensure long-term filtration integrity. All methodology implemented
for water quality protection shall follow the standards and guidelines
of the following documents: Storm Water Management Volume One: Storm
Water Policy Handbook, MADEP, MA CZM, March 1997; Storm Water Management
Volume Two: Storm Water Technical Handbook, MADEP, MA CZM, March 1997;
Massachusetts Erosion and Sediment Control Guidelines for Urban and
Suburban Areas Franklin, Hampden, Hampshire Conservation Districts,
March 1997, all as revised.
A.
Maintenance.
(1)
Included in the stormwater discharge permit for which stormwater
management is required, the Superintendent shall require the owner
and/or permittee to execute an inspection and maintenance program.
The permit requirements shall be on all subsequent owners and/or permittees
of land served by the private stormwater management facility. The
permit shall provide for access to the facility at all reasonable
times for regular inspections by the City or its authorized representative
and for regular or special assessments of property owners to ensure
that the facility is maintained in proper working condition to meet
design standards and any provision established.
(2)
The agreement shall also provide that, if after notice by the Superintendent
to correct a violation requiring maintenance work, satisfactory corrections
are not made by the owner(s) within 30 days, the Department of Public
Works may perform all necessary work to place the facility in proper
working condition. The owner(s) of the facility shall be assessed
the cost of the work and any penalties.
B.
Maintenance responsibilities.
(1)
The owner of the property on which work has been done pursuant to
this chapter for private stormwater management facilities, or permittee,
shall maintain in good condition and promptly repair and restore all
grade surfaces, walls, drains, dams and structures, vegetation, erosion
and sediment control measures, and other protective devices. Such
repairs or restoration and maintenance shall be in accordance with
approved plans.
(2)
A maintenance schedule shall be developed for the life of any stormwater
management facility and shall state the maintenance to be completed;
the time period for completion, and who shall perform the maintenance.
This maintenance schedule shall be included in the stormwater management
plan.
A.
Illegal discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain system, watercourse, or into the waters of the
commonwealth.
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 written prior approval from the
Superintendent or designated agent.
D.
Exemptions. This section shall not apply to any of the following
non-stormwater discharges or flows, provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system:
(1)
Waterline flushing;
(2)
Flows from potable water sources;
(3)
Springs;
(4)
Natural flows from riparian habitats and wetlands;
(5)
Diverted stream flows;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Uncontaminated groundwater discharge from a residential sump pump,
which existed at the time of adoption of this chapter.
(9)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems, such as dewatering excavations
for foundation or pipelines), crawl space pumps, or air-conditioning
condensation;
(10)
Discharges from landscape irrigation or lawn watering;
(11)
Water from individual residential car washing and temporary
fund-raising car wash events;
(12)
Discharges from dechlorinated swimming pool water (less than
one ppm chlorine), provided that it is allowed to stand for one week
prior to draining, or tested for chlorine levels with a pool test
kit prior to draining, and the pool is drained in such a way as not
to cause a nuisance;
(13)
Discharges from street sweepers of minor amounts of water during
operations;
(14)
Discharges or flows resulting from firefighting activities;
(15)
Dye testing, provided that verbal notification is given to the
Department of Public Works prior to the time of the test;
(16)
Non-stormwater 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
(17)
Discharges for which advanced written approval is received from
the Department of Public Works if necessary to protect 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'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.
A.
Stormwater discharge permit application requirements.
(1)
Any user as described below must submit information on the nature
and characteristics of its stormwater, including the filing of a permit
application. The following users are required to file an application
for a stormwater discharge permit:
(a)
Any existing or new user that meets or could meet, in the opinion
of the Superintendent, the criteria for significant user but has not
yet been classified as such.
(b)
Any existing significant user proposing to continue to discharge
to the MS4 and whose existing permit will expire within 90 days.
(c)
Any other existing or new user, when the Superintendent deems
that the application is necessary to carry out the purposes of this
chapter.
(2)
Applying for or obtaining a stormwater management discharge permit
does not relieve a user from its obligation to comply with all federal,
state and local pretreatment standards or requirements, or any other
requirements of federal, state and local law.
(3)
Any new user described in the above must submit a completed application
at least 45 days prior to the beginning of stormwater discharge.
B.
Stormwater discharge permit application contents.
(1)
All users required to obtain a stormwater discharge permit must submit
a permit application. The Superintendent may require all users to
submit as part of an application the following information:
(b)
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the MS4;
(c)
Any other information as may be deemed necessary by the Superintendent
to evaluate the stormwater discharge permit application; and
(d)
A signature of an authorized representative of the user certifying
the accuracy.
(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision. The Superintendent will evaluate
the data furnished by the user and may require additional information.
The Superintendent may deny any application for a stormwater discharge
permit as necessary to carry out the purposes of this chapter.
C.
Stormwater discharge permit contents.
(1)
A stormwater discharge permit shall include such conditions as are
deemed reasonably necessary by the Superintendent to prevent pass-through
or interference, protect the quality of the water body receiving the
discharge, protect worker health and safety, and protect against damage
to the MS4.
(2)
Stormwater discharge permits may contain, but need not be limited
to the following:
(a)
A specific date upon which the permit will expire, not to exceed
five years from its effective date. At the discretion of the Superintendent,
a permit may be issued for less than five years;
(b)
A statement that the stormwater discharge permit is nontransferable without prior notification to the Superintendent in accordance with § 231-9D of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing stormwater discharge permit;
(c)
Applicable standards, including prohibited discharge standards,
and local limits;
(d)
Self monitoring, sampling, reporting, notification, and recordkeeping
requirements, including an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type, based on federal,
state, and local law;
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule not to exceed time limits set forth in applicable federal,
state and local law;
(f)
Limits on the average and/or maximum rate of discharge, and/or
requirements for flow regulation and equalization;
(g)
Requirements for the installation and/or maintenance of pretreatment
technology, monitoring facilities or equipment, pollution control,
or appropriate containment devices designed to reduce, eliminate,
or prevent the introduction of pollutants into the MS4;
(h)
Requirements for the development and implementation of a spill
control plan or any plan including management practices necessary
to adequately prevent the introduction of pollutants into the MS4;
(i)
A statement that compliance with the stormwater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal, state and local standards, including those
which become effective during the term of the stormwater discharge
permit; and
(j)
Any other conditions as deemed appropriate by the Superintendent
to ensure compliance with this chapter, and state and federal laws,
rules, and regulations.
D.
Stormwater discharge permit transfer.
(1)
Stormwater discharge permits may be transferred to a new owner if
the permittee gives no less than 60 days' advance notice to the
Superintendent, and the Superintendent approves the stormwater discharge
permit transfer. The notice to the Superintendent must include a written
certification by the new owner which:
(2)
Failure to provide advance notice of a transfer renders the stormwater
discharge permit void as of the date of transfer.
A.
The Superintendent 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, or welfare of 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, and welfare of the environment.
B.
Any person discharging to a municipal storm drain system in violation
of this chapter may have their municipal storm drain system discharge
terminated if such termination would abate or reduce an illicit discharge.
The Superintendent will notify a violator of the proposed termination
of municipal storm drain system access. The violator may petition
the Superintendent for reconsideration and hearing. A person commits
an offense if the person reinstates municipal storm drain system access
to premises terminated pursuant to this section, without prior approval
from the Superintendent.
A.
The Superintendent may immediately suspend a user's stormwater
discharge permit, after informal notice to the user, whenever such
suspension is necessary to stop an actual or threatened discharge,
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons.
B.
The Superintendent may also immediately suspend a user's storm
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the MS4, or which presents, or
may present, an endangerment to the environment.
C.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer or storm drain connection, to prevent or minimize damage to the MS4, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 231-12 of this chapter are initiated against the user.
D.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing under § 231-12 of this Code.
E.
Nothing in this section shall be interpreted as requiring a hearing
prior to an emergency suspension under this section.
A.
In addition to the provisions in § 231-9 of this chapter, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of stormwater discharge permit conditions or discharge
limitations;
(2)
Failure to accurately report the stormwater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or stormwater
volume, constituents, and characteristics prior to discharge; or
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, records examination, or sampling.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 231-17 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
The Superintendent of the Department of Public Works shall administer,
implement and enforce this chapter. Any powers granted to or duties
imposed upon the Department of Public Works may be delegated in writing
by the Superintendent of the Department of Public Works to employees
or agents of the Department of Public Works.
B.
The Superintendent may promulgate rules and regulations to effectuate
the purposes of this chapter. Failure by the Water and Sewer Commission
to promulgate such rules and regulations shall not have the effect
of suspending or invalidating this chapter.
C.
Water-Sewer Commission as hearing board.
(1)
Any user who is aggrieved by the actions of the Superintendent may request a hearing before a hearing board, which, for the purposes of this chapter, is deemed to be the City of Chicopee Water and Sewer Commission as defined in § 16-100 of the City Code of Ordinances.
(2)
The aggrieved person shall file a written request for such a hearing
within seven days after the day the Superintendent's order was
served or given, in the office of the Water and Sewer Commission.
The Water and Sewer Commission shall set a time and place for such
hearing, and shall inform the petitioner thereof, in writing.
(3)
The hearing shall be commenced not later than 30 days after the day on which the written request was filed and shall be concluded within an additional 30 days thereafter. If a petitioner is aggrieved under § 231-12 of this chapter, the hearing must commence within five days of the date on which the written request was filed.
(4)
At the hearing, the petitioner shall be given an opportunity to be
heard and to show why the order or decision of the Superintendent
should be modified or withdrawn.
(5)
After the hearing, the Commission shall sustain, modify or withdraw
the order or decision of the Superintendent and shall inform the petitioner
and the Superintendent, in writing, of its decision within seven days
after the conclusion of the hearing.
(6)
If a written letter for hearing is not filed in the office of the
Water-Sewer Commission within seven working days after an order has
been issued or if after a hearing the order has been sustained in
any part, each day's failure to comply with the order as issued
or modified shall constitute an additional offense.
(7)
Not fewer than four Commissioners shall constitute a quorum, and
a majority of the quorum shall be required in order to sustain, modify,
or withdraw an order or decision of the Superintendent.
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.
A.
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 other applicable state or
federal standard or requirement, or that the user's past violations
are likely to recur, the Superintendent may issue an administrative
order to the user directing it to cease and desist all such violations
and to:
B.
Issuance of an administrative order shall not be a bar against, or
a 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.
A.
The general costs for implementation, management, and enforcement
of the City's stormwater management program are borne by all
property owners. However, under this section, the City may assess
against any user that violated any provision of this chapter or a
stormwater discharge permit issued hereunder charges to recover program
actual costs resulting from enforcement action of said violation,
including but not limited to:
(1)
Costs for monitoring, inspections and surveillance procedures;
(2)
Costs for reviewing accidental discharge procedures and construction;
(3)
Costs for sampling and analysis;
(4)
Charges to recover the cost of consultant's services required
to carry out the review of specific concerns regarding industrial
stormwater discharges;
(5)
Charges to recover legal costs associated with program violations;
(6)
Other costs as the Superintendent may deem necessary to carry out
the requirements contained herein.
B.
These charges relate solely to the matters covered by the stormwater
management program, and are separate from all other fees chargeable
by the City, such as building permit fees, storm fees, sewer entrance
fees, sewer user charge fees, etc.
A.
Civil penalties.
(1)
A user who has violated, or continues to violate, any provision of
this chapter, a stormwater discharge permit, or order issued hereunder,
or any other state or federal standard or requirement shall be liable
to the City of Chicopee for a civil penalty of up to $1,000, but not
to exceed $5,000 per violation, per day. In the case of a monthly
or long-term average, penalties shall accrue for each day during the
period of the violation.
(2)
The Superintendent may recover reasonable attorneys' fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the City of Chicopee.
(3)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
B.
Criminal penalties. A user who willfully or negligently violates
any provision of this chapter, a stormwater discharge permit, or order
issued hereunder, or any other applicable state or federal standard
or requirement, shall be subject to prosecution as allowed by Massachusetts
General Laws.
C.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City of Chicopee may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D. The
Department of Public Works shall be the enforcing entity. The penalty
for the first violation shall be up to $100. The penalty for the second
violation shall be up to $200. 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.
A.
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 pretreatment standard
or requirement, unless such user first files a satisfactory bond,
payable to the City of Chicopee, in a sum not to exceed a value determined
by the Superintendent to be necessary to achieve consistent compliance.
B.
The Superintendent may require from the user a surety or cash bond,
irrevocable letter of credit, or other means of security acceptable
to the Superintendent prior to the issuance of any stormwater discharge
permit for the construction of a development requiring a stormwater
management facility. The amount of the security shall not be less
than the total estimated construction cost of the stormwater management
facility. The bond so required in this section shall include provisions
relative to forfeiture for failure to complete work specified in the
approved stormwater management plan, compliance with all of the provisions
of this chapter and other applicable laws and regulations, and any
time limitations. The bond shall not be fully released without a final
inspection of the completed work by the City Engineer, submission
of as-built plans, and certification of completion by the City Engineer
of the stormwater management facilities being in compliance with the
approved plan and the provisions of this chapter.
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.
A.
If any provision, paragraph, sentence, or clause, of this chapter,
Code, or any order or permit of the Superintendent shall be held invalid
for any reason, all other provisions shall continue in full force
and effect.
B.
All parts of this chapter in conflict herewith are hereby repealed.
C.
This chapter will take effect upon passage.
