[HISTORY: Adopted by the City Council of the City of Framingham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-2021 by Ord.
No. 2021-006 as Art. V, Sec. 26, of the General
Ordinances]
A.
The purpose of this article is to eliminate nonstormwater discharges
to the City of Framingham's municipal separate storm sewer system.
Nonstormwater discharges contain contaminants and supply additional
flows to the City's storm drain system. Both increased and contaminated
stormwater runoff are major causes of:
B.
Regulation of illicit connections and discharges to the municipal
separate storm sewer system is necessary for the protection of the
City of Framingham's natural resources, municipal facilities, and
to safeguard the public health, safety, welfare and the environment.
C.
The objectives of this article are:
(1)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges to the
MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring, and enforcement.
Unless a different definition is indicated in other sections
of this article, the following definitions and provisions shall apply
throughout this article, also referred to in this article as "this
Ordinance."
The employees and/or agents of the Department of Public Works,
Conservation Commission, Division of Inspectional Services, and Board
of Health 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 municipal storm drain system or into the wetland
resource areas from any source.
A person or persons who discharge any pollutant or combination
of pollutants into the municipal storm drain system or into the wetland
resource areas from any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed or approved before the effective
date of this article.
Direct or indirect discharge to the municipal storm drain
system that is not composed entirely of stormwater except as exempted
herein.
One of six minimum control measures regulated under the City's
NPDES Phase II MS4 permit. The federal regulation governing implementation
of the IDDE program under this permit is Subsection (b)(3) of 40 CFR
122.34, "Stormwater Phase II Regulations."
[Amended 4-30-2024 by Ord. No. 2024-025]
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks and rooftops.
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 human-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Framingham.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
and regulates the discharge of pollutants to waters of the United
States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A written notice given to a person by the applicable authority
that states that said person has violated this article on any specified
occasion.
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
whether originating at a point or nonpoint source, that is or may
be introduced into any wetland resource areas. Effluent waters from
dewatering operations are adequately regulated under NPDES. 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, ordnances, 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;
Noxious or offensive matter of any kind; and
Vegetable oil and waste vegetable oil.
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.
Runoff from precipitation or snowmelt.
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 as defined under MGL
c. 21C and c. 21E, and the regulations at 310 CMR 30.00 and 310 CMR
40.00. 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 these laws and regulations.
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.
A natural or human-made channel through which water flows
or a stream of water, including a river, brook or underground stream.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
This article shall apply to flows entering the municipally owned
storm drainage system, a watercourse, and any wetland resource areas
located within the boundaries of the City of Framingham.
This article is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes,
and the regulations of the Federal Clean Water Act found at 40 CFR
122.34.
The applicable authority shall administer, implement and enforce
this article.
The applicable authority may promulgate rules and regulations
to effectuate the purposes of this article. Failure by the applicable
authority to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this article.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the wetland resource areas.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless or whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drain system (MS4). No person shall
obstruct or interfere with the normal flow of stormwater into or out
of the MS4 without prior consent from the applicable authority. No
person shall dump or dispose of yard waste (leaves, grass clippings,
etc.) into the open watercourses (swales, brooks and streams) that
make up the MS4.
D.
Other prohibited activities.
(1)
No person shall discharge, or cause to be discharged, water or any
other liquid, on to the streets, sidewalks, or ways of the City in
such a manner as to cause an obstruction of traffic or to endanger
travel by freezing or otherwise.
(2)
Drains. No one shall tie any pump, cellar, yard, roof or area drain
directly into the stormwater drainage system without approval from
the applicable authority.
(3)
Catch basins. No person shall directly or indirectly pump, discharge
or cause or allow to be discharged into any catch basin, any solid
waste, construction debris, paint or paint product, antifreeze, hazardous
waste, oil, gasoline, grease and all other automotive and petroleum
products, solvents and degreasers, drain cleaners, commercial and
household cleaners, soap, detergent, ammonia, food and food waste,
grease or yard waste, animal feces, dirt, sand gravel or other pollutant.
Any person determined by the applicable authority to be responsible
for the discharge of any of the above substances to a catch basin
may be held responsible for cleaning the catch basin and any other
portions of the stormwater system impacted according to City standards
and requirements or paying the cost for such cleaning. In addition,
the person shall be responsible for paying any penalties assessed
by the City.
[Amended 4-30-2024 by Ord. No. 2024-025]
(4)
Septage. No person shall discharge or cause or allow to be discharged
any septage, or septage tank or cesspool overflow into the City's
stormwater drainage system.
(5)
Storage and disposal of hazardous material. No one shall dispose
of anything other than clear water into the City's storm drainage
system. The disposal of waste, gasoline or any other hazardous material
into the storm drainage system is strictly prohibited and is in violation
of state and federal pollution laws.
(6)
Private drainage systems. Anyone with a private drainage system is
prohibited from tying into the public stormwater disposal system without
written approval from the applicable authority. The maintenance of
any and all private drainage systems shall be the responsibility of
the owners.
[Amended 4-30-2024 by Ord. No. 2024-025]
A.
Discharges or flows resulting from firefighting activities or other
authorized hydrant use are exempt.
B.
The following nonstormwater discharges or flows are exempt from the
prohibitions of this article provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system:
(1)
Water line flushing;
(2)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(3)
Discharge from landscape irrigation or lawn watering;
(4)
Water from individual residential car washing;
(5)
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine) provided the water is allowed to stand for one week following
last chlorination prior to draining and the pool is drained in such
a way as not to cause a nuisance;
(6)
Discharge from street sweeping;
(7)
Flow from potable water sources;
(8)
Springs;
(9)
Natural flow from riparian habitats and wetlands;
(10)
Diverted stream flow;
(11)
Rising groundwater;
(12)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(b)(20), or uncontaminated pumped groundwater (e.g. sump pump),
provided that the operator seeks written approval from the applicable
authority prior to discharge, and thereafter discharges in accordance
with the applicable laws and regulations to be issued by the applicable
authority;
[Amended 4-30-2024 by Ord. No. 2024-025]
(13)
Dye testing, provided verbal notification is given to the applicable
authority prior to the time of the test;
(14)
Nonstormwater discharge 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 written approval,
waiver, or order and applicable laws and regulations; and
(15)
Discharge for which advanced written approval is received from
the applicable authority as necessary to protect the public interest.
A.
The applicable authority 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 discharge
of pollutants that presents imminent risk or harm to the public health,
safety, welfare or the environment. In the event any person fails
to comply with an emergency suspension order, the applicable authority
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
B.
A person commits an offense if the person reinstates water service,
sanitary sewer service, and/or MS4 access to premises terminated pursuant
to this article, without the prior written approval of the applicable
authority.
A.
NPDES stormwater permit. 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 applicable authority prior to the allowing
of discharges to the MS4.
B.
Monitoring of discharges. Upon notice of an alleged illicit discharge
or connection, the applicable authority have the right to investigate
any facility that has stormwater discharges associated with industrial
activity, including construction activity. The exercise of this right
does not constitute a replacement or substitution for enforcement
by federal or state agencies for facilities that are adequately regulated
either under a NPDES permit or, if a violation is determined to have
occurred, under 310 CMR 40.00, the Massachusetts Contingency Plan.
C.
Watercourse protection.
(1)
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, 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.
(2)
Failure by the property owner to maintain the watercourse does not
constitute an obligation on the part of the City to assume this responsibility.
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or wetland resource areas, the 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. In the event of a release of nonhazardous materials,
the reporting person shall notify the applicable authority not later
than the next business day. The reporting person shall provide to
the applicable authority written confirmation of all telephone, facsimile
or in-person notifications 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.
The applicable authority or an authorized agent of the applicable
authority shall enforce this article, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
To the extent permitted by state law, or if authorized by the
owner or other party in control of the property, the applicable authority
may enter upon privately owned property for the purpose of performing
their duties under these regulations and may make or cause to be made
such examinations, surveys or sampling as the applicable authority
deems reasonably necessary.
If a person violates the provisions of this article, regulations,
written approval, notice or order issued thereunder, the applicable
authority may seek injunctive relief in a court of competent jurisdiction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
A.
The applicable authority may issue a written order to enforce the
provisions of this article or the regulations thereunder, which may
include:
(1)
Elimination of illicit connections or discharges to the MS4;
(2)
Performance of monitoring, analyses, and reporting;
(3)
That unlawful discharges, practices, or operations shall cease and
desist;
(4)
Remediation of contamination in connection therewith; and
(5)
Implementation of source control or treatment BMPs.
B.
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 may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
C.
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 applicable
authority 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 applicable authority 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.
As an alternative to criminal prosecution or civil action, the
City may elect to utilize the non-criminal disposition procedure set
forth in MGL c. 40, § 21D in which case the applicable authority
shall be the enforcing person. For non-criminal disposition, the penalty
for the first violation shall be $100, the penalty for the second
violation shall be $200, and 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.
Any person who violates any provision of this article, regulation,
order or written approval issued thereunder shall be punished by a
fine not to exceed $300 per violation. Each day or part thereof that
such violation occurs or continues shall constitute a separate offense.
The decisions or orders of the applicable authority shall be
final. Further relief shall be to a court of competent jurisdiction.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law.
A.
The provisions of this article are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
B.
Residential property owners shall have 90 days from the effective
date of this article to comply with its provisions or petition the
applicable authority for an extension.
[Amended 4-30-2024 by Ord. No. 2024-025]
