[Ord. O-2011-23, passed 5-11-2011]
(A)Â
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of the City through the regulation
of all discharges to the storm drainage system. This chapter establishes
methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements
of the National Pollutant Discharge Elimination System (NPDES) permit
process.
(B)Â
The objectives of this chapter are:
(1)Â
To prevent the contribution of pollutants to the MS4 by stormwater
discharges by any user;
(2)Â
To prohibit illicit connections and discharges to the municipal
separate storm sewer system;
(3)Â
To establish legal authority to carry out all inspection, surveillance,
monitoring and enforcement procedures necessary to ensure compliance
with this chapter;
(4)Â
To require the removal of all such illicit connections; and
(5)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
AUTHORIZED ENFORCEMENT AGENCY
BEST MANAGEMENT PRACTICES (BMPs)
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
HAZARDOUS MATERIALS
ILLICIT CONNECTIONS
(1)Â
(2)Â
ILLICIT DISCHARGE
INDUSTRIAL ACTIVITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT
NON-STORMWATER DISCHARGE
PERSON
POLLUTANT
POLLUTION
PREMISES
STORMWATER
STORMWATER POLLUTION PREVENTION PLAN
WASTEWATER
WATERCOURSE
WATERS OF THE COMMONWEALTH
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The City Department of Public Works and its employees and
agents designated to enforce this chapter.
Any measure that reduces the quantity or improves the quality
of stormwater runoff including, but not limited to: schedules of activities,
prohibitions of practices, general good house keeping practices, pollution
prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. "BMPs" also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. §§ 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm drain system
including, but not limited to any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency before the effective date of this
chapter; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 97.07 of this code.
Activities subject to NPDES industrial permits as defined
in 40 C.F.R. § 122.26(b)(14).
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures
that together comprise the storm drainage system owned or operated
by the City.
A permit issued by EPA (or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
in whatever form and whether originating at a point or major non-point
source, which is or may be discharged, drained or otherwise introduced
into any sewerage system, treatment works, or waters of the Commonwealth.
The presence in the environment of pollutants in quantities
or characteristics which are or may be injurious to human, plant or
animal life or to property or which unreasonably interfere with the
comfortable enjoyment of life and property throughout such areas as
may be affected thereby.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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.
[Ord. O-2011-23, passed 5-11-2011]
This chapter shall apply to flows entering the municipally owned
storm drainage system, a watercourse, and any waters of the Commonwealth
located within the boundaries of the City.
[Ord. O-2011-23, passed 5-11-2011]
This chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 C.F.R. § 122.34.
[Ord. O-2011-23, passed 5-11-2011]
The City Department of Public Works shall administer, implement,
and enforce the provisions of this chapter. Any powers granted or
duties imposed in compliance with this chapter may be delegated in
writing by the Superintendent of Public Works to persons or entities
acting in the beneficial interest of or as the authorized agent of
the Department of Public Works.
[Ord. O-2011-23, passed 5-11-2011]
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore compliance with the requirements
of this chapter or regulations promulgated thereunder shall not relieve
a person from being subject to such enforcement actions as may be
required to correct contamination, pollution, and/or unauthorized
discharge of pollutants.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
Prohibition of illicit discharges.
(1)Â
No person shall discharge or cause to be discharged into the
municipal storm drain system or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
(2)Â
The commencement, conduct or continuance of any illicit discharge
to the storm drain system is prohibited. Discharges or flow resulting
from fire fighting activities are exempt. The following discharges
are also exempt provided they are not significant sources of pollution:
(a)Â
Water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation,
springs, noncommercial washing of vehicles, natural riparian habitat
or wetland flows, swimming pools (provided the water is left untreated
for one week prior to draining), and any other water source not containing
pollutants.
(b)Â
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety or the
environment.
(c)Â
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
(d)Â
Street sweeping activities that use water spray to suppress
dust.
(e)Â
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency or the Department of Environmental
Protection, provided that the discharge is in full compliance with
all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
(B)Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
(2)Â
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)Â
A person is considered to be in violation of this chapter if
the person connects a line conveying sewage to the storm drainage
system, or allows such a connection to continue.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
Suspension due to illicit discharges in emergency situations. The City
Department of Public Works may, without prior notice, suspend access
to the MS4 when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent danger
to the environment, the health or welfare of persons, the MS4 or waters
of the Commonwealth. If the violator fails to comply with a suspension
order issued in an emergency, the authorized enforcement agency may
take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the Commonwealth, or to minimize danger to
persons or the environment.
(B)Â
Suspension or termination due to the detection of illicit discharge.
(1)Â
Any person discharging to the MS4 in violation of this chapter
may have their MS4 access suspended or terminated if such action would
abate or reduce an illicit discharge.
(2)Â
A person commits an offense if the person reinstates MS4 access
to premises terminated pursuant to this section, without the prior
approval of the authorized enforcement agency.
[Ord. O-2011-23, passed 5-11-2011]
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the City Department of Public Works prior
to the allowing of discharges to the MS4.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
Applicability. This section applies to industrial facilities that
are regulated and are required to have a permit to discharge under
the EPA multi- sector general permit (MSGP) and have stormwater discharges
impacting or suspected of impacting on the City MS4. It also applies
to any person subject to obtaining a NPDES permit for construction
activities.
(B)Â
Access to facilities.
(1)Â
To the extent permitted by state law and if probable cause exists,
or if authorized by the owner or other party in control of the property,
the City Department of Public Works shall be permitted to enter and
inspect facilities subject to regulation under this chapter for the
purpose of performing their duties under this chapter as often as
may be necessary to determine compliance with this chapter. If a discharger
has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2)Â
Under the conditions for access stated in division (B)(1) above,
facility operators shall allow the City Department of Public Works
ready access to all parts of the premises for the purposes of inspection,
sampling and examination and copying of records that must be kept
under the conditions of an NPDES permit to discharge stormwater, and
the performance of any additional duties as defined by state and federal
law.
(3)Â
The City Department of Public Works shall have the right to
set up on any permitted facility such devices as are necessary in
the opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)Â
The City Department of Public Works has the right to require
the discharger to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)Â
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the City Department
of Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6)Â
Unreasonable delays in allowing the City Department of Public
Works access to a permitted facility is a violation of this chapter.
The operator of a facility required to have a NPDES permit to discharge
stormwater associated with industrial activity commits an offense
if the person denies the City reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required
by this chapter.
(7)Â
If the City Department of Public Works has been refused access
to any part of the premises from which stormwater is discharged, and
he or she is able to demonstrate probable cause to believe that there
may be a violation of this chapter, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this chapter or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
[Ord. O-2011-23, passed 5-11-2011]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of
the watercourse.
[Ord. O-2011-23, passed 5-11-2011]
Notwithstanding other requirements of 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 which are resulting or may result
in illicit discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the Commonwealth said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of oil or
hazardous materials said person shall immediately notify the City
Fire Department and the Massachusetts Department of Environmental
Protection of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify
the City Department of Public Works in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the City Department of Public Works within three business days of
the phone notice. If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
Authority. The City Department of Public Works or an authorized agent
of the Department shall enforce the provisions of this chapter and
any regulations promulgated hereunder and may issue and prosecute
violation notices and enforcement orders and may pursue all civil
and criminal remedies for such violations.
(B)Â
Civil relief. The Department of Public Works may seek injunctive
relief in a court of competent jurisdiction to restrain a person from
continued violations of the provisions of this chapter or the regulations
promulgated hereunder, or any notices, orders or written approvals
or to compel said person to abate or remediate the violations hereunder.
(C)Â
Orders.
(1)Â
The Department of Public Works or an authorized agent of the
Department may issue a written order to enforce the provisions of
this chapter and the regulations promulgated hereunder, which may
include:
(a)Â
Elimination of illicit connections or discharges to the MS4;
(b)Â
Performance of monitoring, analysis, and reporting;
(c)Â
That unlawful discharges, practices, or operations shall cease
and desist;
(d)Â
Remediation of contamination in connection therewith;
(e)Â
Payment of a fine to cover administrative and remediation costs;
and
(f)Â
Implementation of source control or treatment BMPs.
(2)Â
If the enforcing person determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
City Department of Public Works may, at its option, undertake such
work, and expenses thereof shall be charged to the violator.
(D)Â
Appeals. The decisions or orders of the Superintendent of Public
Works shall be final. Further relief shall be to a court of competent
jurisdiction.
(E)Â
Remedies not exclusive. The remedies listed in this section are not
exclusive of any other remedies available under any applicable federal,
state or local law.
[Ord. O-2011-23, passed 5-11-2011]
The City Department of Public Works may promulgate rules and
regulations to effectuate the purposes of this chapter. Failure to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this chapter.
[Ord. O-2011-23, passed 5-11-2011]
(A)Â
Criminal penalty. Any person who violates any provision of this chapter,
the regulations promulgated hereunder, or an order or written approval
issued hereunder shall be subject to a fine after an order or notice
of violation is given, up to $300 per violation. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
