[HISTORY: Adopted by the City Council of the City of Gardner 11-2-2020 by Ord. No. 1632. Amendments noted where applicable.]
A.Â
The purpose of this ordinance is to protect, maintain and enhance
the public health, safety, environment and general welfare of the
City by establishing minimum requirements and procedures to control
the adverse effects of soil erosion and sedimentation, construction
site runoff, increased post-development stormwater runoff and nonpoint
source pollution associated with new development and redevelopment.
It has been determined that proper management of stormwater runoff
will minimize damage to public and private property and infrastructure,
safeguard the public health, safety, environment and general welfare
of the public, protect water and aquatic resources, protect and enhance
wildlife habitat, and promote groundwater recharge to protect surface
and groundwater drinking supplies. This ordinance seeks to meet that
purpose through the following objectives:
(1)Â
Establish a mechanism by which the municipality can monitor and ensure
compliance with requirements of Phase II of the National Pollutant
Discharge Elimination System (NPDES) General Permit for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems (MS4)
and other applicable state and federal mandates. Under the Phase II
stormwater permit, the U.S. Environmental Protection Agency (EPA)
required regulated municipalities to reduce the discharge of pollutants
in stormwater to the maximum extent practicable and to adopt ordinances
to address the control of sources of pollutants entering the municipal
storm drain system.
(2)Â
Establish decision-making processes surrounding land development
activities that protect the integrity of the watershed and preserve
the health of water resources.
(3)Â
Require that new development, redevelopment and other land alteration
activities maintain the after-development runoff characteristics as
equal to or better than the pre-development runoff characteristics
where appropriate in order to reduce flooding, stream bank erosion,
siltation, nonpoint source pollution, property damage, and to maintain
the integrity of stream channels and aquatic habitats.
(4)Â
Establish minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff
quantity and quality; establish minimum design criteria for the protection
of properties and aquatic resources downstream from land development
and land conversion activities from damages due to alterations in
volume, velocity, frequency, duration, and peak flow rate of stormwater
runoff; establish minimum design criteria for measures to eliminate
or minimize to the extent feasible nonpoint source pollution from
stormwater runoff which would otherwise degrade water quality.
(5)Â
Establish design and application criteria for the construction and
use of structural stormwater control facilities that can be used to
meet or exceed the minimum post-development stormwater management
standards.
(6)Â
Encourage the use of nonstructural stormwater management, environmentally
sensitive site design practices, and low-impact development practices,
such as reducing impervious cover, increasing site-wide infiltration,
and preserving open space and other natural areas, to the maximum
extent practicable.
(7)Â
Establish provisions that require practices that eliminate soil erosion
and sedimentation and control the volume and rate of stormwater runoff
resulting from land disturbance activities.
(8)Â
Establish provisions to ensure that soil erosion and sedimentation
control measures and stormwater runoff control practices are incorporated
into the site planning and design process and are implemented and
maintained.
(9)Â
Establish provisions for the long-term operation and maintenance
of structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety or the environment.
(10)Â
Establish certain administrative procedures for the submission,
review, approval or disapproval of stormwater management plans, erosion
and sediment controls, the inspection of construction sites and approved
active projects, and long-term monitoring.
(11)Â
Ensure that construction and waste materials, toxic materials,
hazardous materials, and other pollutants are prevented from mixing
with stormwater runoff, which would degrade water quality.
(12)Â
Establish the City of Gardner's legal authority and capacity
to ensure compliance with the provisions of this ordinance through
permitting, inspection, monitoring, and enforcement.
B.Â
Nothing in this ordinance is intended to replace the requirements
of the City of Gardner Zoning Ordinance, the Massachusetts Wetlands
Protection Act, the City of Gardner General Ordinance, any other ordinance
that may be adopted by the City of Gardner, or any rules and regulations
adopted thereunder.
This ordinance is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
statutes, and pursuant to the regulations of the Federal Clean Water
Act found at 40 CFR 122.34.
The following definitions shall apply in the interpretation,
implementation, and enforcement of this ordinance:
Any activity that will measurably change the ability of a
ground surface area to absorb water, will change existing surface
drainage patterns, or will increase or decrease the rate or volume
of flow from a site. "Alter" may be similarly represented as "alteration
of drainage characteristics" and "conducting land-disturbing activities."
Any person, individual, partnership, association, organization,
firm, company, trust, corporation, agency, authority, department,
or political subdivision of the commonwealth or the federal government,
to the extent permitted by law, any officer, employee, or agent of
such person who has filed an application for a stormwater permit.
The modification of land to accommodate a new use, revised
use, or expansion of use, usually involving construction.
The addition of any pollutant or combination of pollutants
into the MS4 or into the waters of the United States or the waters
of the commonwealth, from any source.
Design that incorporates low-impact development techniques
to prevent the generation of stormwater and nonpoint source pollution
by reducing impervious surfaces, disconnecting stormwater sheet flow
paths and treating stormwater at its source, maximizing open space,
minimizing disturbance, protecting natural features and processes,
and/or enhancing wildlife habitat, as defined in 310 CMR 10.
Any material or structure on, above or below the ground that
prevents water from infiltrating through the underlying soil. Impervious
surface is defined to include, without limitation: roads, paved surfaces
(parking lots, sidewalks, and driveways), concrete, brick, stone,
and rooftops.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
site.
Any action that causes removal of vegetation (including tree
cutting) or that causes a change in the position, location, or arrangement
of soil, sand, rock, gravel or similar earth material. See also "alter."
Any action that causes a change in the existing soil cover
which includes the position or location of soil, sand, rock, gravel,
or similar earth material. Land-disturbing activities include, but
are not limited to, clearing, clearing of trees, grubbing, filling
and excavation.
Innovative stormwater management systems that are modeled
after natural hydrologic features. See 310 CMR 10 for further clarification.
The latest version, as may be amended from time to time,
of the stormwater management standards and accompanying Stormwater
Handbook issued by the Massachusetts Department of Environmental Protection
Agency pursuant to authority under the Wetlands Protection Act, M.G.L.A.
c. 131, § 40, and the Massachusetts Clean Waters Act, M.G.L.A.
c. 21, §§ 26 through 53. The Stormwater Management
Standards are incorporated in the Wetlands Protection Act Regulations,
310 CMR 10.05(6)(k), and the Water Quality Certification Regulations,
314 CMR 9.06(6)(a).
The conveyance or system of conveyances designed or used
for collecting or conveying stormwater, which is not a combined sewer,
including any road with a drainage system, municipal street, catch
basin, gutter, curb, inlet, piped storm drain, pumping facility, retention
or detention basin, natural or man-made or altered drainage channel,
ditch, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Gardner.
Any source from which pollution is discharged which is not
identified as a point source, including, but not limited to, urban,
agricultural, or silvicultural runoff. Nonpoint source pollution emanates
from many diffuse sources caused by rainfall, snowmelt, or other methods
of pollutant transport moving over and through the ground. As the
runoff moves, it picks up and carries away natural and human-made
pollutants, finally depositing them into water resource areas.
Any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants
are or may be discharged. This term does not include agricultural
stormwater discharges and return flows from irrigated agriculture.
Any element or property of sewage, agricultural, industrial,
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any storm drain system treatment works, groundwater
or surface water. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, 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, with the exception of winter salting
and sanding in quantities that will not clog or otherwise impair the
performance of the MS4 and stormwater management systems;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity in accordance
with approved plans on a specific site or tract of land. "Post-development"
refers to the phase of a new development or redevelopment project
after completion, and does not refer to the construction phase of
a project.
The conditions that exist prior to the proposed disturbance
activity. Where phased development or plan approval occurs (preliminary
grading, roads, utilities, etc.), the existing conditions at the time
prior to the first plan submission shall establish pre-development
conditions.
The replenishment of underground water reserves.
Any action causing complete removal and replacement of paved
surfaces, such as driveways, parking areas and roads.
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site.
Rainfall or snowmelt water flowing over the ground surface
or other source that may result in transport of pollutants.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The storage of unsecured material for future use, excluding
the storage of materials 10 cubic yards or less when secured utilizing
erosion controls to prevent erosion of material.
Stormwater runoff, snow melt runoff, and surface water runoff
or drainage.
A structural or nonstructural technique for managing stormwater
to prevent or reduce nonpoint source pollutants from entering surface
waters or groundwaters, as defined in 310 CMR 10.
A structural stormwater best management practice includes a
basin, discharge outlet, swale, rain garden, filter, or other stormwater
treatment practice or measure either alone or in combination, including,
without limitation, any overflow pipe, conduit, weir control structure
that:
Nonstructural stormwater best management practices include source
control and pollution prevention measures.
A permit issued by the stormwater authority, after review
of an application, plans, calculations, and other supporting documents,
which is designed to protect the environment of the City from the
deleterious effects of uncontrolled and untreated stormwater runoff.
All water other than groundwater within the jurisdiction
of the commonwealth, including, without limitation, rivers, streams,
lakes, ponds, springs, impoundments, estuaries, wetlands, and coastal
waters, as defined in 310 CMR 10.
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
material includes 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 30.300 and 310 CMR 40.00.
A.Â
This ordinance shall be applicable to the following activities. Compliance
with all provisions of this ordinance, to the maximum extent practicable
as determined by the stormwater authority, shall be a requirement
for issuance of a stormwater management permit.
B.Â
This ordinance shall apply to land or parcels of land that are held
in common ownership (including ownership by related or jointly controlled
persons or entities) as of the effective date of this ordinance, if
the total land-disturbing activities on said land or parcels, considered
as a whole, would presently or ultimately exceed the minimum thresholds
in this ordinance. A development shall not be segmented or phased
in a manner to avoid compliance with this ordinance. The Building
Department shall review all building permits to determine if a stormwater
management permit will be required, and, if required, will direct
the applicant or potential applicant to the designated contact person
at the Department of Public Works.
C.Â
Coordination with other City permits.
(1)Â
No building permit, subdivision approval, special permit, variance,
or finding shall constitute compliance with this ordinance. For a
project or activity that meets the scope and applicability of this
section of this ordinance, no work may commence until the site owner
or his agent submits the required documentation, the stormwater authority
issues a stormwater permit, and the site owner and responsible parties
sign and certify that all land clearing, construction and development
will be done pursuant to the approved plans and permit.
(2)Â
This article is not intended to interfere with, abrogate, or annul
any other ordinance, rule or regulation, statute, or other provision
of law. The requirements of this ordinance should be considered minimum
requirements, and where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall take precedence.
(3)Â
In case of conflicting requirements, applicable state and/or federal
statutes and regulations shall be considered the more restrictive
or more protective of human health and the environment, and shall
take precedence over the City of Gardner's Stormwater and Erosion
Control Ordinance and the rules and regulations promulgated thereunder.
These state statutes and regulations include, but are not limited
to, the Massachusetts Wetlands Protection Act, the Massachusetts Rivers
Act, the Massachusetts Watershed Protection Act, and the Massachusetts
Stormwater Management Standards, as amended.
(4)Â
In no instances shall a stormwater management permit constitute authorization
for alteration of wetland resources subject to the jurisdiction of
the Wetlands Protection Act.
Exemptions from this ordinance apply to the following activities,
provided that a project is solely comprised of any one of these activities:
A.Â
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act Regulations at 310 CMR 10.04
("agricultural"), M.G.L.A. c. 40A, § 3 and the conversion
of additional land to agricultural use, when undertaken in such a
manner as to prevent erosion and siltation through the use of best
management practices recommended by the U.S. Department of Agriculture
Natural Resources Conservation Service or the Massachusetts Department
of Agricultural Resources.
B.Â
Any work or projects for which all necessary approvals and permits
were issued before the effective date of this ordinance. All applicable
and relevant regulations must be met; City, state and federal. (This
exemption does not apply to amendments or extensions of approved projects
that have not started construction. In these cases, the applicant
may need to redesign the project to comply with these requirements.)
C.Â
Routine maintenance of existing landscaping, gardens or lawn areas
associated with a single-family dwelling. Routine maintenance includes
activities that are regularly scheduled to maintain the health and
condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
D.Â
Construction of any fence that will not alter existing terrain or
drainage patterns.
E.Â
Construction, reconstruction, operation and maintenance of utilities
(including but not limited to gas, City stormwater, water, sanitary
sewer, road maintenance, electric, telephone, or cable television),
excluding the construction of new MS4, where the surface vegetation
and contours of the area shall be substantially restored.
F.Â
Emergency repairs to any existing utilities (gas, water, sanitary
sewer, septic, electric, telephone, cable television, etc.) and emergency
repairs to any stormwater management facility that poses a threat
to public health or safety, as deemed necessary by the Department
of Public Works. All reasonable efforts must be made to use proper
stormwater erosion controls in all emergency repairs.
G.Â
Repair, replacement or expansion of septic systems. Note: Proper
erosion controls must be used.
A.Â
Stormwater authority. The Department of Public Works is hereby designated
as the stormwater authority. The stormwater authority, or its agent,
shall administer, implement, and enforce this ordinance. The Department
of Public Works may delegate in writing another City department, commission
or board to act as its agent to review application submittals and
for site inspections and enforcement of this ordinance.
B.Â
Stormwater and erosion control regulations ("regulations"). The stormwater
authority may adopt, and periodically amend, rules and regulations
relating to the terms, conditions, definitions, enforcement, delegation
of authority, procedures and administration of this ordinance. Failure
of the stormwater authority to promulgate such rules and regulations
or a legal declaration of their invalidity by a court shall not act
to suspend or invalidate the effect of this ordinance.
C.Â
Stormwater management handbook. The stormwater authority will utilize
the Massachusetts Stormwater Management Standards and the Massachusetts
Stormwater Handbooks, as amended from time to time, for criteria and
information, including specifications and standards of the latest
edition of the Massachusetts Stormwater Management Handbook for the
execution of the provisions of this ordinance. These include a list
of acceptable stormwater treatment practices, including the specific
design criteria for each stormwater practice. Unless specifically
made more stringent in this ordinance and the rules and regulations
promulgated hereunder, stormwater management practices that are designed,
constructed, and maintained in accordance with the Massachusetts Stormwater
Handbooks' design and sizing criteria shall be presumed by the
stormwater authority to be protective of the Massachusetts water quality
standards.
D.Â
Stormwater management permit. The stormwater authority shall have
the authority to issue a stormwater management permit (SMP) for projects
exceeding the thresholds defined in this Ordinance. Requirements of
the SMP may be defined and included within the regulations promulgated
pursuant to this ordinance.
E.Â
Appeals of actions by the stormwater authority. A decision by the
stormwater authority made under this ordinance may be appealed to
the Mayor, whose decision shall be final. Further relief shall be
to the Superior Court in accordance with the provisions of M.G.L.A.
c. 249, § 4.
A.Â
The stormwater authority, or an authorized agent of the stormwater
authority, shall enforce this ordinance, and any regulations, permit
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for violations.
B.Â
If a person violates the provisions of this ordinance or its regulations,
or a permit, notice or order issued thereunder, the stormwater authority
may seek injunctive relief in a court of competent jurisdiction to
restrain the person from activities which would create further violations
or to compel the person to perform abatement or remediation of the
violation.
C.Â
The stormwater authority, or an authorized agent of the stormwater
authority, may issue a written order to enforce the provisions or
this ordinance or the regulations, which may include requirements
to:
(1)Â
Cease and desist from land-disturbing activity until there is compliance
with the ordinance or provisions of an approved SMP;
(2)Â
Maintain, install or perform additional erosion and sediment control
measures;
(3)Â
Perform monitoring, analyses, and reporting;
(4)Â
Remediate erosion and sedimentation resulting directly or indirectly
from land-disturbing activity;
(5)Â
Comply with requirements in the SMP for operation and maintenance
of stormwater management systems; and
(6)Â
Remediate adverse impacts resulting directly or indirectly from malfunction
of the stormwater management systems. If the stormwater authority
or its authorized agent determines that abatement or remediation is
required, the order shall set forth a deadline by which such abatement
or remediation must be completed.
D.Â
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the stormwater authority may elect to utilize the
noncriminal disposition procedure set forth in M.G.L.A. c. 40, § 21D,
in which case any police officer of the City of Gardner, the City
Engineer, and such other persons as are authorized by the stormwater
authority shall be the enforcing person.
(1)Â
If noncriminal disposition is used, any person who violates any provision
of this ordinance, regulation, order or permit issued thereunder,
shall be punished as follows:
(2)Â
Each day a violation exists shall constitute a separate violation.
Each day of noncompliance shall constitute a new and separate violation.
(3)Â
The Conservation Agent, DPW personnel and any other City employee
designated in writing by the stormwater authority may, as an alternative
to initiating criminal proceedings, seek the noncriminal disposition
of violations of the Stormwater Ordinance, by following the procedure
set forth in M.G.L.A. c. 40, § 21D. Any person, corporation,
company, or partnership that violates any provision of this ordinance
shall be subject to a penalty of $100 for the second offense, $200
for the third offense, and $300 for the fourth and each additional
offense.
E.Â
Remedies not exclusive. The remedies listed in this ordinance are
not exclusive of any other remedies available to the stormwater authority
or the City under any applicable federal, state or local law.
The invalidity of any section, provision, paragraph, sentence,
or clause of this ordinance shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
A.Â
The purpose of this article is to regulate illicit connections and
discharges to the storm drain system, which is necessary for the protection
of Gardner's water bodies, groundwater, and to safeguard the
public health, safety, welfare and the environment.
B.Â
The objectives of this article are:
(1)Â
To prevent pollutants from entering Gardner's municipal separate
storm sewer system (MS4).
(2)Â
To prohibit illicit connections and unauthorized discharges to the
MS4.
(3)Â
To require the removal of all such illicit connections.
(4)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges.
(5)Â
To establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring and enforcement.
(6)Â
To prevent contamination of drinking water supplies.
C.Â
Authority. The Department of Public Works shall administer, implement
and enforce this article.
As used in this article, the following terms shall have the
meanings indicated:
The Department of Public Works, its employees or agents designated
to enforce this article.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the storm drain system or into the waters of the
United States or commonwealth from any source.
All water beneath the surface of the ground.
Any surface or subsurface drain or conveyance, which allows
an illegal discharge into the storm drain system. Illicit connections
include conveyances which allow a nonstormwater discharge to the storm
drain system, including sewage, process wastewater or wash water and
any connections from indoor drains, sinks, or toilets, regardless
of whether such connection was previously allowed, permitted, or approved
before the effective date of this article.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
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 Gardner.
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 discharge to the storm drain system not composed entirely
of stormwater.
Any individual, partnership, association, firm, company,
trust, corporation, and any 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,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include:
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, ordnance, 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, with the exception of winter salting
and sanding in quantities that will not clog or otherwise impair the
performance of the MS4 and stormwater management systems.
Construction wastes and residues.
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
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 on public or private ways within the City
of Gardner.
Runoff from precipitation or snow melt.
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 30.00 and 310 CMR 40.00.
Water containing no pollutants.
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, byproduct
or waste product.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters and groundwater.
This article shall apply to flows entering the storm drain system
on public or private ways with the City of Gardner.
The Department of Public Works may promulgate rules, regulations
and a permitting process to effectuate the purposes of this article.
Failure by the Department of Public Works to promulgate such rules
and regulations shall not have the effect of suspending or invalidating
this article.
A.Â
Illegal discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
storm drain system, watercourse, or into the waters of the commonwealth.
B.Â
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the storm drain system, regardless
of whether the connection was permissible under applicable law, regulation
or custom at the time of connection.
C.Â
Obstruction of storm drain system. No person shall obstruct or interfere
with the normal flow of stormwater in or out of the storm drain system
without prior approval from the Department of Public Works or its
designated agent.
D.Â
Exemptions. This section shall not apply to any of the following
nonstormwater discharges or flows, provided that the source is not
a significant contributor of a pollutant to the storm drain system:
(1)Â
Municipal water line flushing.
(2)Â
Discharges from landscape irrigation or lawn watering.
(3)Â
Water from individual residential car washing and temporary fund-raising
car wash events.
(4)Â
Discharges from dechlorinated swimming pool water, provided it is
allowed to stand for one week prior to draining, or tested for chlorine
levels with a pool test kit prior to draining (less than one part
per million chlorine), and the pool is drained in such a way as not
to cause a nuisance.
(5)Â
Discharges from street sweepers of minor amounts of water during
operations.
(6)Â
Discharges or flows resulting from fire-fighting activities.
(7)Â
Nonstormwater 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.
E.Â
Exemptions with permit from Department of Public Works.
(1)Â
This section shall not apply to any of the following nonstormwater
discharges or flows, provided that the source is not a significant
contributor of a pollutant to the storm drain system, and provided
that a permit is approved by the Department of Public Works:
(a)Â
Flows from potable water sources.
(b)Â
Springs.
(c)Â
Natural flows from riparian habitats and wetlands.
(d)Â
Diverted stream flows.
(e)Â
Rising groundwater.
(f)Â
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater.
(g)Â
Uncontaminated groundwater discharge from a sump pump, with
a permit from the Department of Public Works.
(h)Â
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.
(i)Â
Dye testing, provided verbal notification is given to the Department
of Public Works prior to the time of the test.
(j)Â
Unforeseen sources, on a case-by-case basis.
(2)Â
The Department of Public Works may develop criteria for issuing permits
under this section, based on the need to maintain capacity of the
storm drain system and to protect public health, safety, welfare of
the environment.
A.Â
The Department of Public Works may suspend 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, welfare or the environment. In the event any person fails
to comply with an emergency suspension order, the authorized enforcement
agency may take all reasonable steps to prevent or minimize harm to
the public health, safety, welfare or the environment.
B.Â
Any person in violation of this section may have their storm drain
system access terminated, if such termination would abate or reduce
an illicit discharge. The Department of Public Works will notify a
violator of the proposed termination of storm drain system access.
The violator may petition the Department of Public Works for reconsideration
and hearing. Any person who reinstates storm drain system access to
premises terminated pursuant to this section, without prior approval
from the Department of Public Works, shall be deemed to have violated
this article.
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 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 Gardner Fire and Police Departments. In the event of a
release of nonhazardous material, such person shall notify the authorized
enforcement agency not 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
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
A.Â
Enforcement. The Department of Public Works or its authorized agent
shall enforce this article, and the regulations promulgated thereunder,
as well as the terms and conditions of all permits, notices, and orders,
and may pursue all civil and criminal remedies for such violations.
B.Â
Civil relief. If anyone violates the provisions of this article,
regulations, permit, notice, or order issued thereunder, 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 compel the person to abate or remediate the
violation.
C.Â
Orders.
(1)Â
The Department of Public Works may issue a written order to enforce
the provisions of this article or the regulations thereunder, which
may include:
(a)Â
Elimination of illicit connections or discharges to the storm
drain system;
(b)Â
Termination of access to the storm drainage system;
(c)Â
Performance of monitoring, analyses, and reporting;
(d)Â
Cessation of unlawful discharges, practices, or operations;
and
(e)Â
Remediation of contamination in connection therewith. If the
Department of Public Works determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
for completion of the abatement or remediation. Such 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)Â
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 Department
of Public Works within 30 days following a decision of the 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 Department of Public
Works 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 such 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.
D.Â
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City of Gardner 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 $100. The penalty for the second
violation shall be $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.
E.Â
Entry to perform duties under this article. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Department of Public Works, its agents, officers,
and employees may enter upon privately owned property for the purpose
of performing their duties under this article and regulations and
may make or cause to be made such examinations, surveys or sampling
as the Department of Public Works deems reasonably necessary.
F.Â
Appeals. All appeals will be decided by the Mayor and shall be final.
Further relief shall be to a court of competent jurisdiction.
G.Â
Remedies not exclusive. The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law.
If any provision, paragraph, sentence, or clause of this article
shall be held invalid for any reason, all provisions shall continue
in full force and effect.
