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:
ALTER
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."
APPLICANT
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.
DEVELOPMENT
The modification of land to accommodate a new use, revised
use, or expansion of use, usually involving construction.
DISCHARGE OF POLLUTANTS
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.
ENVIRONMENTALLY SENSITIVE SITE DESIGN
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.
IMPERVIOUS COVER (IC) or IMPERVIOUS AREA (IA)
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.
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
site.
LAND DISTURBANCE
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."
LAND-DISTURBING ACTIVITY
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.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
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).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
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.
NONPOINT SOURCE
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.
POINT SOURCE
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.
POLLUTANT
Any element or property of sewage, agricultural, industrial,
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any storm drain system treatment works, groundwater
or surface water. Pollutants shall include, without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform, and
pathogens;
G.
Dissolved and particulate metals;
I.
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;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
POST-DEVELOPMENT
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.
PRE-DEVELOPMENT
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.
RECHARGE
The replenishment of underground water reserves.
RECONSTRUCTION
Any action causing complete removal and replacement of paved
surfaces, such as driveways, parking areas and roads.
REDEVELOPMENT
Any construction, alteration, improvement, repaving, or resurfacing
on a previously developed site.
RUNOFF
Rainfall or snowmelt water flowing over the ground surface
or other source that may result in transport of pollutants.
SITE
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
STOCKPILING
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
Stormwater runoff, snow melt runoff, and surface water runoff
or drainage.
STORMWATER BEST MANAGEMENT PRACTICE (BMP)
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.
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:
(1)
Is not naturally occurring;
(2)
Is not designed as a wetland replication area; and
(3)
Has been designated, constructed, and installed for the purpose
of conveying, collecting, storing, discharging, recharging or treating
stormwater.
B.
Nonstructural stormwater best management practices include source
control and pollution prevention measures.
STORMWATER MANAGEMENT PERMIT (SMP)
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.
SURFACE WATERS
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.
TOXIC MATERIAL or HAZARDOUS MATERIAL or WASTE
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious, or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
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.
Exemptions from this ordinance apply to the following activities,
provided that a project is solely comprised of any one of these activities:
A. 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. 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. 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. Construction of any fence that will not alter existing terrain or
drainage patterns.
E. 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. 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. Repair, replacement or expansion of septic systems. Note: Proper
erosion controls must be used.
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.
As used in this article, the following terms shall have the
meanings indicated:
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
DISCHARGE OF POLLUTANTS
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.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as specifically exempted in §
565-13D and
E. The term does not include a discharge in compliance with an NPDES stormwater discharge permit.
ILLICIT CONNECTION
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.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system;
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Gardner.
PERSON
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.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include:
A.
Paints, varnishes and solvents.
B.
Oil and other automotive fluids.
C.
Nonhazardous liquid and solid wastes and yard wastes.
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, accumulations and floatables.
E.
Pesticides, herbicides and fertilizers.
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens.
G.
Dissolved and particulate metals.
I.
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.
J.
Construction wastes and residues.
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any material, intermediate product, finished product, or waste product.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
STORM DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system on public or private ways within the City
of Gardner.
STORMWATER
Runoff from precipitation or snow melt.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.00 and 310 CMR 40.00.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that, during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters and groundwater.
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.
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.
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.