City of Chicopee, MA Chapter 231 Stormwater Management

[HISTORY: Adopted by the City Council of the City of Chicopee 10-1-2024 by Ord. No. 24-78.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 231, Stormwater Management, adopted 3-19-2019 by Ord. No. 19-17.

§ 231-1 Purpose and authority.

A. A stormwater management ordinance is hereby established to manage the storm- and surface water system, maintain a good hydrological balance, prevent property damage, better manage land development, and protect water quality for the safety and enjoyment of citizens and the preservation and enhancement of wildlife habitat. The Stormwater Management Ordinance will provide for the administration and management of the stormwater system that will include construction, and ongoing operations and maintenance responsibilities related to the municipal separate storm sewer system (MS4).

B. The proper management of stormwater runoff will meet the following objectives:

(1) Reduce the adverse water quality impacts of stormwater and combined sewer overflow discharges to rivers, lakes, reservoirs and streams in order to attain federal water quality standards.

(2) Prevent the discharge of pollutants, including hazardous chemicals into stormwater runoff.

(3) Minimize the volume and rate of stormwater which is discharged to rivers, streams, reservoirs, lakes and combined sewers.

(4) Prevent erosion and sedimentation from improper land development, and reduce stream channel erosion caused by increased runoff.

(5) Provide for the recharge of groundwater aquifers and maintain the base flow of streams.

(6) Provide stormwater facilities that are attractive, maintain the natural integrity of the environment, and are designed to protect public safety.

(7) Maintain or reduce predevelopment runoff characteristics after development to the extent feasible.

(8) Minimize damage to public and private property from flooding.

(9) Prevent pollutants from entering Chicopee's municipal separate storm sewer system (MS4).

(10) Prohibit illicit connections and unauthorized discharges to the MS4.

(11) Require the removal of all such illicit connections.

(12) Comply with state and federal statutes and regulations relating to stormwater discharge to establish the legal authority to ensure compliance with the provisions of this chapter through inspection, monitoring, and enforcement.

(13) Establish the legal authority to ensure compliance with the provisions of this chapter through inspection, monitoring and enforcement.

(14) Prevent contamination of drinking water supplies.

C. This regulation for the proper management of stormwater is adopted under the provisions of the Home Rule Amendment of the Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34.

§ 231-2 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

ADVERSE IMPACT

Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses, or effects which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

ALTERATION OF DRAINAGE CHARACTERISTICS

Any activity on an area of land that changes the water quality, force, direction, timing, or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined or discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.

AUTHORIZED ENFORCEMENT AGENCY

The Department of Public Works, its employees or agents designated to enforce this chapter.

AUTHORIZED REPRESENTATIVE OF THE USER

A. If the user is a corporation:

(1) The president, secretary, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(2) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the user is a federal, state or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

D. The individuals described in Subsections A through C above may designate another authorized representative if authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent.

BEST MANAGEMENT PRACTICES (BMP)

Either structural or nonstructural devices that temporarily store or treat urban stormwater runoff to reduce flooding, remove pollutants, and provide other amenities, or nonstructural practices that reduce pollutants at their source.

BIOCHEMICAL OXYGEN DEMAND or BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 10 feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal (sometimes called "sewer service").

CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)

A certified specialist in soil erosion and sediment control. This certification program, sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy, provides the public with evidence of professional qualifications.

CITY or CITY OF CHICOPEE

A municipal corporation in the County of Hampden, Massachusetts.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

CLEARING

Any activity that removes the vegetative surface cover.

COMBINED SEWER

A sewer receiving both surface runoff and sewage.

COMMISSION

The Chicopee Water and Sewer Commission.

COMMON PLAN OF DEVELOPMENT

A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

COMPOSITE SAMPLE

For monitoring requirements, a combination of individual samples of equal volume collected at equally spaced intervals (not to exceed one hour) during hours of production (not to exceed a 24-hour period) or proportional according to flow. In the case of a batch discharge of two hours or less, the composite will consist of eight or more volume, flow, or time proportional samples.

CONTROL MANHOLE

A sampling and monitoring station which may be located in a manhole, vault, pit or room within the premises of the user.

CSO

Combined sewer overflow.

DESIGN STORM

A rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate.

DETENTION

The temporary storage of stormwater runoff in a BMP, which is used to control the peak discharge rates, and provides gravitational settling of pollutants.

DISCHARGE

The meaning of term(s) "discharge" for use in this chapter is as follows:

A. DIRECT STORMWATER DISCHARGE The discharge of treated or untreated stormwater directly to the waters of the Commonwealth of Massachusetts.

B. DISCHARGE OF POLLUTANTS The addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or commonwealth from any source.

C. ILLEGAL STORMWATER DISCHARGE Any direct or indirect non-stormwater discharge to the municipal storm drain system, except as specifically exempted in § 231-7 of this chapter. The term does not include a discharge in compliance with an NPDES stormwater discharge permit.

D. INDIRECT STORMWATER DISCHARGE The discharge or flow of treated or untreated stormwater indirectly to the City's MS4 by any means other than a conduit.

E. STORMWATER DISCHARGE The discharge of treated or untreated stormwater directly by a conduit to the City's MS4.

DRAINAGE AREA

That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline.

DRYWELL

An approved structure used to infiltrate stormwater.

DWO

Dry weather overflow.

EASEMENT

A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

EXISTING SOURCE or EXISTING USER

Any source of discharge, the construction or operation of which commenced prior to the enactment of this chapter.

FLOW ATTENUATION

Prolonging the flow time (lagging) of runoff to reduce the peak discharge.

GRAB SAMPLE

For monitoring requirements, an individual sample which is taken from a waste stream on a one-time basis with no regard to flow or time.

GROUNDWATER

All water beneath the surface of the ground.

ILLICIT CONNECTION

Any surface or subsurface drain or conveyance which allows an illegal discharge into the municipal storm drain system. Illicit connections include conveyances which allow a non-stormwater discharge to the municipal storm drain system, including sewage, process wastewater or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this chapter.

IMPERVIOUS SURFACE

Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using non-porous material; buildings, rooftops, structures, artificial turf, and compacted gravel or soil.

INDUSTRIAL WASTE

The liquid waste from manufacturing processes, trade, or business, distinct from sanitary sewage.

INFILTRATION

The downward movement of water from the surface to subsurface soils.

INFILTRATION TRENCH

A stormwater management device filled with aggregate, which removes both soluble and particulate pollutants. Trenches are not intended to trap coarse sediments.

LAND DISTURBANCE ACTIVITY

Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics.

LOW-IMPACT DEVELOPMENT (LID)

Site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat.

MS4 PERMIT

General permit for stormwater discharges from small municipal separate storm sewer systems in Massachusetts.

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 Chicopee.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

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.

NEW DEVELOPMENT

Any construction activities or land alteration on an area that has not previously been developed to include impervious surface.

NEW SOURCE or NEW USER

Any building, structure, facility or installation from which there is proposed (or may be) a discharge of stormwater, the construction of which commenced after the adoption of this chapter.

A. Construction on a site at which an existing source is located results in redevelopment rather than a new source if the construction does not create a new building, structure, facility, impervious surface or installation.

B. Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(1) Begun, or caused to begin, as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(2) Entered into a building contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.

NON-STORMWATER DISCHARGE

Any discharge to the municipal storm drain system not composed entirely of stormwater.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finishing product.

OPERATION AND MAINTENANCE PLAN

A plan setting up the functional, financial, and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.

OUTFALL

The terminus of a storm drain or other stormwater structure where stormwater is discharged into a river, stream, lake, pond, wetland, or other waters of the commonwealth.

PEAK DISCHARGE

The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm.

PERMEABLE SOILS

Soil materials with a sufficiently rapid infiltration rate so as to greatly reduce or eliminate surface water and stormwater runoff. These soils are generally classified as Natural Resources Conservation Service hydrologic soil groups A and B.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.

pH

A measure of the acidity or alkalinity of a solution, expressed in standard units.

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 non-point source, that is or may be introduced into any sewage treatment works or waters of the commonwealth. Pollutants shall include but not be limited to:

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, ordinances, accumulations and floatables;

E. Pesticides, herbicides, and fertilizers;

F. Hazardous materials and wastes; sewage, fecal coliform and pathogens;

G. Dissolved and particulate metals;

H. Animal wastes;

I. Rock; sand; salt, soils;

J. Construction wastes and residues; and

K. Noxious or offensive matter of any kind.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in stormwater prior to, or in lieu of, introducing such pollutants into the POTW or MS4. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement or devices related to pretreatment imposed on a user, other than a pretreatment standard.

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.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and that is controlled by the City of Chicopee.

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City of Chicopee. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

RECHARGE

The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

REDEVELOPMENT

Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites.

RETENTION

The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.

SANITARY SEWER

A conduit that carries sewage and to which storm-, surface and groundwaters are not intentionally added.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER

A pipe or conduit for carrying sewage.

SIGNIFICANT USER

A user of the MS4 that, in the opinion of the Superintendent, has the capacity to adversely impact:

A. Public health, safety, and general welfare.

B. Cause a nuisance.

C. Wildlife habitat.

D. Hydrological balance.

E. Property, public or private.

F. Operation and maintenance of the MS4.

G. Water quality.

SITE

The areal extent of land disturbance and construction activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STATE

The Commonwealth of Massachusetts.

STORM DRAIN (sometimes termed "storm sewer")

A conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than non-contact cooling water.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

STORMWATER DISCHARGE PERMIT

A permit issued by the Superintendent after review of an application, plans, calculations, and other supporting documents, in accordance with the provisions of this chapter.

STORMWATER MANAGEMENT PLAN

A plan submitted by the applicant for a stormwater discharge permit that contains supporting computations, drawings, and sufficient information describing the manner, location, and type of proposed measures in which stormwater runoff will be managed from the entire development.

SUPERINTENDENT

The person designated by the City of Chicopee to supervise the Department of Public Works, and who is charged with certain duties and responsibilities by this chapter, or the person's duly authorized representative.

SWALE

A natural depression or wide shallow ditch used to temporarily store, route or filter runoff.

TOTAL MAXIMUM DAILY LOAD (TMDL)

A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant.

TOTAL PHOSPHORUS (TP)

A measure of the total dissolved and particulate forms of phosphorus.

TOTAL SUSPENDED SOLIDS (TSS)

A measure of undissolved organic or inorganic particles in water.

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 30.000 and 310 CMR 40.0000.

TR 55

Technical Release 55, Urban Hydrology for Small Watersheds, is a hydrologic model developed by the Soil Conservation Service to calculate stormwater runoff and to aid in designing detention basins.

TR-20

A watershed hydrology model developed by the Soil Conservation Service that is used to route a design storm hydrograph through a pond.

UNCONTAMINATED

Water containing no pollutants.

USER

Any property owner or permittee that has any stormwater discharge, direct stormwater discharge, or indirect stormwater discharge.

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, by-product or waste product.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide wastewater treatment.

WATERCOURSES

A natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

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, groundwater, and waters of the United States as defined under the Federal Clean Water Act as hereafter amended.

§ 231-3 Applicability.

A. This chapter shall apply to flows entering the municipally owned storm drainage system (MS4), stormwater discharges, and indirect stormwater discharges.

B. Prior to the issuance of any stormwater management permit for any proposed development listed below, the Superintendent must approve a stormwater management plan or a waiver of the requirement for a stormwater management plan. In addition, the user must submit the required stormwater discharge permit application per § 231-9. No person shall, on or after the effective date of the chapter, initiate any land disturbance, land clearing, land grading, earthmoving or development activities without first complying with this chapter. The following uses shall be required to conform with the requirements of this chapter:

(1) Multifamily residential developments involving three or more units.

(2) Any new development or redevelopment project that will result in a net increase in impervious surface area of 4,000 sq ft or more, or smaller activities that are part of a larger common plan of development that will result in a net increase in impervious surface area of 4,000 sq ft or more.

(3) Any land disturbance activity that will disturb one acre or more of land, or smaller land disturbance activities that are part of a larger common plan of development that will disturb one acre or more of land.

(4) Any other user, when the Superintendent deems that the application and permitting is required to carry out the intent of this chapter.

§ 231-4 Stormwater management plans.

A. Submittal of stormwater management plans.

(1) A stormwater management plan or an application for waiver shall be submitted to the Superintendent for review and approval for any proposed development specified in § 231-3. The plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The plan shall serve as the basis for all subsequent construction.

(2) The applicant may request, and the Superintendent may grant, a waiver from any information requirements that the Superintendent judges to be unnecessary to the review of a particular plan.

(3) The Superintendent may receive and consider information and comments submitted by the public regarding the proposed stormwater management plan and/or application for waiver.

B. Inspections.

(1) No plan will be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the Superintendent for scheduling the following inspections:

(a) Initial inspection: prior to approval of any plan.

(b) Erosion control inspection: to ensure erosion control practices are in accord with the plan.

(c) Bury inspection: prior to backfilling of any underground drainage or stormwater conveyance structures.

(d) Final inspection: when all work, including construction of stormwater management facilities, has been completed.

(2) Inspections shall be conducted by a "qualified person" who is knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at the construction site that could impact stormwater quality, and the appropriate skills and training to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this chapter. The Superintendent shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved plan. The applicant shall promptly correct any portion of the work which does not comply, or the applicant will be subject to the bonding provisions of § 231-22 or the penalty provisions of § 231-21. The City may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.

C. Contents of the stormwater management plan. The applicant is responsible for submitting a stormwater management plan which meets the requirements provided by this chapter. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. The minimum information submitted for support of a stormwater management plan shall be as follows:

(1) Site plan contents.

(a) Locus map.

(b) Drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths.

(c) Location of existing and proposed utilities.

(d) Topographic survey showing existing and proposed contours (maximum two-foot contour intervals).

(e) Soils investigation, including borings or test pits, to a depth greater than four feet below estimated seasonal groundwater for areas where construction of infiltration practices will occur.

(f) Description of all watercourses, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.

(g) Delineation of 100-year floodplains, if applicable.

(h) Groundwater levels at the time of probable high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration.

(i) Existing and proposed locations, cross sections, and profiles of all brooks, streams, drainage swales and the method of stabilization.

(j) Location of existing and proposed easements.

(k) Proposed improvements, including location of buildings or other structures, impervious surfaces, and storm drainage facilities, if applicable.

(l) Structural details for all components of the proposed drainage systems and stormwater management facilities.

(m) Timing schedules and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization.

(n) Erosion and sediment control plan showing location and details of erosion and sediment control measures, with notes describing the construction sequence/phasing, operation and maintenance for erosion and sediment control measures, temporary stabilization measures, and procedures to store and control discharge of construction and waste materials.

(o) Notes on drawings specifying materials to be used, construction specifications, and typicals.

(2) Stormwater management report.

(a) Description of project purpose, methodologies and assumptions, existing and proposed uses and conditions, project impacts, and mitigation measures.

(b) Summary of proposed land disturbance area, existing impervious surface area, and proposed impervious surface area.

(c) Identification of immediate downgradient waterbody(s) that stormwater runoff from the project site discharges to, TMDL and/or impairment status of the waterbody(s), and the BMPs included in the project to address the pollutant(s) of concern.

(d) Description of low-impact development (LID) planning and design practices proposed to be implemented. If the applicant determines that LID practices are infeasible, a description of which LID practices were evaluated and reasons why those practices were deemed infeasible.

(e) Computations: pre- and post-development drainage calculations shall be included for storm events with return periods of two-, 10-, 25-, and 100-year, 24-hour storms used as the basis of design. Calculations for:

[1] Hydrology.

[2] Hydraulics.

[3] Structures.

(f) Water quality calculations including total suspended solids (TSS) and total phosphorus (TP) percent reduction.

(g) Estimate of stormwater management construction costs.

(h) Massachusetts Department of Environmental Protection Checklist for Stormwater Report completed, stamped, and signed by a professional engineer (PE) licensed in the Commonwealth of Massachusetts to certify that the stormwater management plan is in accordance with the criteria established in the Massachusetts Stormwater Management Standards.

(3) Operation and maintenance plan.

(a) The name(s) of the owner(s) for all components of the system.

(b) A map showing the location of the systems and facilities including all structural and nonstructural stormwater BMPs, catch basins, manholes/access lids, pipes, and other stormwater devices.

(c) The names and addresses of the person(s) responsible for operation and maintenance.

(d) The person(s) financially responsible for maintenance and emergency repairs.

(e) An inspection and maintenance schedule for all stormwater management facilities including routine and non-routine maintenance tasks to be performed. Where applicable, this schedule shall refer to the maintenance criteria provided in the Stormwater Handbook or the EPA National Menu of Stormwater Best Management Practices or equivalent.

(f) Instructions for routine and long-term operation and maintenance shall have sufficient detail for responsible parties to perform necessary maintenance activities and preventative actions that may adversely affect the performance of each structural and/or nonstructural stormwater BMP.

(g) A list of easements with the purpose and location of each.

(h) The signature(s) of the owner(s) and all persons responsible for operation and maintenance, financing, and emergency repairs, if maintenance is to be performed by an entity other than the owner.

(4) Other information as required.

§ 231-5 Performance standards.

A. Minimum requirements.

(1) At a minimum, all projects shall comply with the Massachusetts Stormwater Standards and the MS4 permit. Design of stormwater management systems shall be consistent with the requirements of the most recent version of the Massachusetts Stormwater Handbook, or more stringent standards as specified in this chapter.

B. Low-impact development.

(1) Applicants shall evaluate and, unless infeasible, implement LID planning and design strategies. Guidance on LID practices may be found in the Massachusetts Stormwater Handbook. If the applicant determines that LID practices are infeasible, the applicant shall demonstrate which LID practices were evaluated and reasons why those practices were deemed infeasible.

C. Construction-site stormwater management.

(1) Natural resource protection. Before commencing land disturbance activities, the limits of permitted disturbance areas shall be marked with high-visibility flagging, fencing, and/or signage. Areas designated for revegetation and/or infiltration-based stormwater practices shall be marked with flagging, fencing, and/or signage to restrict use of heavy vehicles and equipment in these areas to avoid soil compaction. Tree protection shall be installed around the dripline for all trees to be preserved.

(2) Area of disturbance. Clearing and grading shall only be performed within areas needed to build the project, including structures, utilities, roads, recreational amenities, post-construction stormwater management facilities, and related infrastructure. Such areas shall be staked to ensure that the work is completed within the appropriate areas. Construction activities shall be phased to minimize the area of disturbed soil at any one time.

(3) Soil stabilization. The time that soil is exposed shall be minimized by stabilizing dormant areas as work progresses. Exposed areas shall be vegetated, hydromulched, protected with erosion control blankets, or otherwise stabilized within 14 days after land disturbance activities have permanently ceased or will be temporarily inactive for 14 or more days. Vegetative cover shall be prepared by November 1 to ensure that exposed areas have cover before the first freeze.

(4) Stockpiles. Materials shall not be stored or stockpiled near a storm drain, a tree to be preserved, or a wetland resource area. Stockpiled materials that will be unused for 14 or more days shall be covered with roof, tarp, or temporary seeding (of soil stockpiles). Perimeter controls shall be installed around stockpile and staging areas.

(5) Perimeter controls. Perimeter sediment controls, such as silt fencing and filter tubes, shall be installed around downgradient boundaries, along all resource areas, and around stockpile and staging areas. Compost socks and straw bale shall be free of invasive species. Perimeter controls shall not be removed until the drainage areas have been permanently stabilized.

(6) Stabilized construction entrance: Track-out controls (e.g., gravel apron) shall be installed at each construction entrance to remove sediment from vehicles and prevent tracking onto public roads. Where sediment has been tracked-out from the site, paved roads, sidewalks, or other paved areas shall be swept or vacuumed at the end of the workday. Sediment shall not be swept, hosed, or otherwise deposited into any stormwater conveyance, storm drain inlet, or waterbody.

(7) Inlet protection: Filter bags, filter tubes, or other inlet protection controls shall be installed to prevent sediment from entering downgradient storm drains. Inlet protection shall be cleared of sediment and debris on a regular basis to ensure that storm drains function properly during rain events. Inlet controls shall not be removed until the drainage areas have been permanently stabilized.

(8) Runoff diversion: Runoff shall be intercepted and diverted away from disturbed areas with berms, swales, or pipes toward stabilized outlets. Conveyances and outlets shall be stabilized with vegetation, erosion control blankets, check dams, stone aprons, or similar practices to slow velocities and prevent erosion. Runoff shall not be redirected to discharge toward wetland resource areas without approval by the Superintendent in consultation with the Conservation Commission or Conservation Agent. Runoff shall not be redirected to discharge toward or onto a property not owned by the applicant without a drainage easement or written agreement by the property owner.

(9) Sediment removal. Sediment traps and basins shall be used to remove suspended solids from runoff before it discharges from the site. Traps and basins shall be designed to use baffles, multiple cells, and other practices to maximize the flow path and settling time. Sediment controls shall not be removed until the drainage areas have been permanently stabilized. Sediment traps and basins shall be cleaned of sediment and debris routinely to ensure proper functioning during rain events.

(10) Dewatering. Dewatering activities shall use tanks, filter bags, or other practices to remove sediment before discharge, in accordance with the standards and requirements contained within the NPDES construction general permit. Water shall not be discharged in a manner that causes erosion or flooding.

(11) Outlet protection. Pipe outlets shall have stone aprons, level spreaders, or other energy dissipation practices installed to prevent erosion.

(12) Construction waste management. Trash, debris, and sanitary wastes shall be removed from the site on a regular basis. Dumpsters shall be covered at the end of every workday and before rain events. Dumpsters shall not be allowed to leak or otherwise discharge to any stormwater conveyance, storm drain inlet, or wetland resource area. Concrete mixers shall be washed out only in designated areas with liners. Demolition debris, discarded building materials, concrete truck wash out, chemicals, litter, and sanitary wastes shall not be discharged to the MS4 and shall be disposed of in compliance with all local, state, and federal requirements.

(13) Post-construction BMPs. Stormwater management facilities to be used after construction shall not be used as BMPs during construction unless otherwise approved by the Superintendent. Many technologies are not designed to handle the high concentrations of sediments typically found in construction runoff, and thus must be protected from construction-related sediment loadings.

(14) Dust control. Dust control shall be used during grading operations. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water; no salts or other wetting agents shall be used for dust control within wetland resource areas.

(15) Inspection and maintenance. Erosion and sediment controls shall be inspected as needed and at a minimum before and after rain events. Accumulated sediments shall be removed, and erosion and sediment controls shall be repaired or replaced as needed to ensure they perform as intended.

D. Post-construction stormwater management.

(1) Stormwater management measures shall be required to satisfy the minimum control requirements and shall be according to the following order of preference:

(a) On-site infiltration, flow attenuation, and pollutant removal of runoff on-site to existing areas with grass, trees, and similar vegetation and through the use of open vegetated swales and natural depressions;

(b) Retention and evaporation of stormwater on rooftops or in parking lots;

(c) Use of stormwater on-site to replace water used in industrial processes or for irrigation;

(d) Stormwater detention structures for the temporary storage of runoff which is designed so as not to create a permanent pool of water; and

(e) Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water.

(2) Stormwater management measures shall maintain the post-development peak discharges for a 24-hour, two-year frequency storm event at a level that is equal to or less than the respective, predevelopment peak discharge rates, through stormwater management practices that control the volume, timing, and rate of flows. When the proposed stormwater discharge may have an impact upon a sensitive receptor, including streams, storm sewers, and/or combined sewers, the Superintendent may require an increase in these minimum requirements.

(3) All stormwater management facilities shall be designed to provide an emergency overflow system and incorporate measures to provide a nonerosive velocity of flow along its length and at any outfall.

(4) The designed release rate of any stormwater structure shall be modified if any increase in flooding or stream channel erosion would result at a downstream dam, highway, structure, or natural point of restricted stream flow or result in increased combined overflow or sewer backups.

(5) Selection and design of stormwater BMPs shall be optimized for the removal of nitrogen. Guidance on BMP performance for nitrogen removal may be found in the MS4 permit, Appendix F, Attachment 3.

(6) Drainage analyses and design calculations shall use precipitation depths based on 90% of the NOAA Atlas 14 (NOAA Atlas 14 Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/) upper confidence interval for the project location, also known as "NOAA Plus." These "Plus" values are calculated by multiplying the NOAA Atlas 14 upper confidence interval by 0.9.

(7) BMPs located on commercial or industrial land use areas shall be designed to allow for shutdown and containment to isolate the drainage system in the event of an emergency spill or other unexpected event.

(8) New development pollutant removal.

(a) Stormwater management systems for new development shall be designed to remove, at a minimum, 90% of the average annual load of total suspended solids (TSS) and 60% of the average annual load of total phosphorus (TP) generated from the total post-construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods:

[1] Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region 1's BMP Accounting and Tracking Tool (2016), the MS4 permit Appendix F, Attachment 3 methodology, or other BMP performance evaluation tool provided by the Stormwater Authority; or

[2] Retaining the volume of runoff equivalent to, or greater than, 1.0 inch multiplied by the total post-construction impervious surface area on the site; or

[3] Providing a combination of retention and treatment that achieves the above standards.

(9) Redevelopment pollutant removal.

(a) Stormwater management systems for redevelopment shall be designed to remove, at a minimum, 80% of the average annual load of TSS and 50% of the average annual load of TP generated from the total post-construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods:

[1] Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region 1's BMP Accounting and Tracking Tool (2016), the MS4 Permit Appendix F Attachment 3 methodology, or other BMP performance evaluation tool provided by the Stormwater Authority; or

[2] Retaining the volume of runoff equivalent to, or greater than, 0.8 inch multiplied by the total post-construction impervious surface area on the site; or

[3] Providing a combination of retention and treatment that achieves the above standards.

(b) Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions unless infeasible and are exempt from the requirements of § 231-5D(10)(a).

(10) Specific design criteria.

(a) Infiltration systems.

[1] Infiltration systems shall be equipped with clean stone and/or filter fabric adjacent to the soil and have appropriate sediment removal mechanisms;

[2] Infiltration systems shall be located at least 20 feet from basement walls;

[3] Infiltration systems designed to handle runoff from commercial or industrial impervious parking areas shall be a minimum of 400 feet from any water supply well;

[4] Infiltration systems shall not be used as sediment control basins during construction unless specific plans are included to restore or improve the basin surface;

[5] Infiltration basins shall be constructed with a three-foot minimum separation between the bottom of the structure and the maximum groundwater elevation; and

[6] Provisions shall be made for safe overflow passage, in the event of a storm, which exceeds the capacity of an infiltration system.

(b) Retention and detention ponds shall be designed and constructed in accordance with the criteria of the Soil Conservation Service's "Urban Hydrology for Small Watersheds," Technical Release No. 55, June 1986, unless otherwise approved by the Superintendent.

(c) The applicant shall give consideration in any plan to incorporating the use of natural topography and land cover, such as natural swales and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water.

(d) The Superintendent shall give preference to the use of swales in place of the traditional use of curbs and gutters based on a case-by-case review of stormwater management plans by the Department of Public Works.

(e) The applicant shall consider public safety in the design of any stormwater facilities. The banks of detention, retention, and infiltration basins shall be sloped at appropriate grade into the water as a safeguard against personal injury, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore. Basins may require fencing depending on final design. Side slopes must be stabilized and planted with vegetation to prevent erosion and provide pollutant removal. The banks of retention areas shall be designed with sinuous rather than straight shorelines so that the length of the shoreline is maximized, thus offering more space for the growth of vegetation.

(f) Where a stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any such rights.

(g) All applicants for projects which involve the storage or use of hazardous chemicals shall incorporate handling and storage best management practices that prevent such chemicals from contaminating runoff discharged from a site into infiltration systems, receiving water bodies or storm drains.

§ 231-6 Long-term operation and maintenance.

A. Maintenance.

(1) The applicant shall ensure that all components of the proposed stormwater management system are functioning according to manufacturer or design specifications for the life of the system. All components shall be maintained in good condition and promptly repaired, in accordance with the approved stormwater management plan. This shall constitute a perpetual condition of any stormwater management permit issued under this chapter.

(2) Included in the stormwater discharge permit for which stormwater management is required, the Superintendent shall require the owner and/or permittee to execute an inspection and maintenance program. The permit requirements shall be on all subsequent owners and/or permittees of land served by the private stormwater management facility. The permit shall provide for access to the facility at all reasonable times for regular inspections by the City or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provision established.

(3) The agreement shall also provide that, if after notice by the Superintendent to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Department of Public Works may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties.

B. Maintenance responsibilities.

(1) The owner of the property on which work has been done pursuant to this chapter for private stormwater management facilities, or permittee, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

(2) A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included in the stormwater management plan.

(3) To ensure adequate long-term operation and maintenance of stormwater management practices, the Superintendent may require the permittee to implement one or more of the following procedures, depending on the scale and complexity of the project:

(a) Submit an annual certification documenting the work that has been done over the last 12 months to properly operate and maintain the stormwater control measures. The certification shall be signed by the person(s) or authorized agent of the person(s) named in the stormwater management permit as being responsible for ongoing operation and management.

(b) Establish a dedicated fund or escrow account in the form of a bond, insurance policy, or similar instrumentality, to be maintained for a number of years and for an amount specified by the Superintendent. Such fund or account may be used by the applicant to perform its operation and maintenance responsibilities or, if the Superintendent finds that the applicant has failed to comply with the stormwater management permit, by the Superintendent to perform or cause to be performed the required operation and maintenance tasks.

(c) Pay to the City an amount specified by the Superintendent in compensation for its acceptance of ownership of privately constructed BMPs.

(d) Establish a maintenance contract with the Public Works Department whereby the Public Works Department will perform or cause to be performed the required operation and maintenance tasks.

(4) The owner shall keep records of all inspections, maintenance, and repairs and shall retain the records for at least five years. These records shall be made available to the Superintendent during inspection of the stormwater management structure or system and at other reasonable times upon request. The Superintendent may request written records documenting maintenance of the system, including receipts of inspection or cleaning services, and/or may physically inspect the systems to ensure that the proper maintenance has been carried out.

(5) The owner shall provide copies of the operation and maintenance plan to all persons responsible for maintenance and repairs.

(6) The owner shall inform prospective new owners of the requirements of the existing stormwater management plan. This shall be an on-going requirement of any stormwater management permit issued.

C. As-built plans.

(1) Within three months after completion of construction and land disturbance activities, the permittee shall submit certified as-built plans from a registered professional engineer (PE), surveyor, or certified professional in erosion and sediment control (CPESC). The as-built plans must depict all structural and non-structural stormwater management systems, including subsurface components, and impervious and pervious surface areas on site. Any discrepancies from the approved stormwater management plan should be noted in the cover letter.

D. Recording.

(1) The owner shall record the stormwater management permit, as-built plans, and operation and maintenance plan with the Hampden County Registry of Deeds.

§ 231-7 Prohibited activities.

A. Illegal discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, watercourse, or into the waters of the commonwealth.

B. Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

C. Obstruction of municipal storm drain system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without written prior approval from the Superintendent or designated agent.

D. Exemptions. This section shall not apply to any of the following non-stormwater discharges or flows, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:

(1) Waterline flushing;

(2) Flows from potable water sources;

(3) Springs;

(4) Natural flows from riparian habitats and wetlands;

(5) Diverted stream flows;

(6) Rising groundwater;

(7) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;

(8) Uncontaminated groundwater discharge from a residential sump pump, which existed at the time of adoption of this chapter.

(9) Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air-conditioning condensation;

(10) Discharges from landscape irrigation or lawn watering;

(11) Water from individual residential car washing and temporary fund-raising car wash events;

(12) Discharges from dechlorinated swimming pool water (less than one ppm chlorine), provided that it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining, and the pool is drained in such a way as not to cause a nuisance;

(13) Discharges from street sweepers of minor amounts of water during operations;

(14) Discharges or flows resulting from firefighting activities;

(15) Dye testing, provided that verbal notification is given to the Department of Public Works prior to the time of the test;

(16) Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and

(17) Discharges for which advanced written approval is received from the Department of Public Works if necessary to protect public health, safety, welfare or the environment.

§ 231-8 Notification of spills.

Notwithstanding any other requirements of local, state or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials at that facility's operation which is resulting or may result in illegal discharge of pollutants, that person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the municipal fire and police departments, Department of Public Works and Board of Health. In the event of a release of nonhazardous material, said person shall notify the authorized enforcement agency no later than the next business day. Written confirmation of all telephone, facsimile or in-person notifications shall be provided to the authorized enforcement agency within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain 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.

§ 231-9 Stormwater discharge permits.

A. Stormwater discharge permit application requirements.

(1) Any user as described below must submit information on the nature and characteristics of its stormwater, including the filing of a permit application. The following users are required to file an application for a stormwater discharge permit:

(a) Any existing or new user that meets or could meet, in the opinion of the Superintendent, the criteria for significant user but has not yet been classified as such.

(b) Any existing significant user proposing to continue to discharge to the MS4 and whose existing permit will expire within 90 days.

(c) Any other existing or new user, when the Superintendent deems that the application is necessary to carry out the purposes of this chapter.

(d) Any new or existing user whose applicability is included in § 231-3 of this chapter.

(2) Applying for or obtaining a stormwater discharge permit does not relieve a user from its obligation to comply with all federal, state and local pretreatment standards or requirements, or any other requirements of federal, state and local law.

(3) Any new user described in the above must submit a completed application at least 45 days prior to the beginning of stormwater discharge.

B. Stormwater discharge permit application contents.

(1) All users required to obtain a stormwater discharge permit must submit a permit application. The Superintendent may require all users to submit as part of an application the following information:

(a) All information required by § 231-4 of this chapter;

(b) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the MS4;

(c) Any other information as may be deemed necessary by the Superintendent to evaluate the stormwater discharge permit application; and

(d) A signature of an authorized representative of the user certifying the accuracy.

(2) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The Superintendent will evaluate the data furnished by the user and may require additional information. The Superintendent may deny any application for a stormwater discharge permit as necessary to carry out the purposes of this chapter.

C. Stormwater discharge permit contents.

(1) A stormwater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent pass-through or interference, protect the quality of the water body receiving the discharge, protect worker health and safety, and protect against damage to the MS4.

(2) Stormwater discharge permits may contain, but need not be limited to the following:

(a) A specific date upon which the permit will expire, not to exceed five years from its effective date. At the discretion of the Superintendent, a permit may be issued for less than five years;

(b) A statement that the stormwater discharge permit is nontransferable without prior notification to the Superintendent in accordance with § 231-9D of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing stormwater discharge permit;

(c) Applicable standards, including prohibited discharge standards, and local limits;

(d) Self monitoring, sampling, reporting, notification, and recordkeeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type, based on federal, state, and local law;

(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule not to exceed time limits set forth in applicable federal, state and local law;

(f) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization;

(g) Requirements for the installation and/or maintenance of pretreatment technology, monitoring facilities or equipment, pollution control, or appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the MS4;

(h) Requirements for the development and implementation of a spill control plan or any plan including management practices necessary to adequately prevent the introduction of pollutants into the MS4;

(i) A statement that compliance with the stormwater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal, state and local standards, including those which become effective during the term of the stormwater discharge permit; and

(j) Any other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

D. Stormwater discharge permit transfer.

(1) Stormwater discharge permits may be transferred to a new owner if the permittee gives no less than 60 days' advance notice to the Superintendent, and the Superintendent approves the stormwater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner which:

(a) States that the new owner has no immediate intent to change the facility's stormwater operations and process.

(b) Identifies the specific date the transfer is to occur.

(c) Acknowledges full responsibility for complying with the existing stormwater discharge permit.

(2) Failure to provide advance notice of a transfer renders the stormwater discharge permit void as of the date of transfer.

§ 231-10 Suspension of storm drainage system access.

A. The Superintendent may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened illegal discharge that presents or may present imminent risk of harm to the public health, safety, or welfare of the environment. In the event any person fails to comply with an emergency suspension order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, and welfare of the environment.

B. Any person discharging to a municipal storm drain system in violation of this chapter may have their municipal storm drain system discharge terminated if such termination would abate or reduce an illicit discharge. The Superintendent will notify a violator of the proposed termination of municipal storm drain system access. The violator may petition the Superintendent for reconsideration and hearing. A person commits an offense if the person reinstates municipal storm drain system access to premises terminated pursuant to this section, without prior approval from the Superintendent.

§ 231-11 Emergency suspensions.

A. The Superintendent may immediately suspend a user's stormwater discharge permit, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

B. The Superintendent may also immediately suspend a user's storm discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the MS4, or which presents, or may present, an endangerment to the environment.

C. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer or storm drain connection, to prevent or minimize damage to the MS4, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 231-12 of this chapter are initiated against the user.

D. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing under § 231-12 of this Code.

E. Nothing in this section shall be interpreted as requiring a hearing prior to an emergency suspension under this section.

§ 231-12 Termination of discharge.

A. In addition to the provisions in § 231-9 of this chapter, any user who violates the following conditions is subject to discharge termination:

(1) Violation of stormwater discharge permit conditions or discharge limitations;

(2) Failure to accurately report the stormwater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or stormwater volume, constituents, and characteristics prior to discharge; or

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, records examination, or sampling.

B. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 231-17 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 231-13 Responsibility for administration.

A. The Superintendent of the Department of Public Works shall administer, implement and enforce this chapter. Any powers granted to or duties imposed upon the Department of Public Works may be delegated in writing by the Superintendent of the Department of Public Works to employees or agents of the Department of Public Works.

B. The Superintendent may promulgate rules and regulations to effectuate the purposes of this chapter. Failure by the Water and Sewer Commission to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.

C. Water-Sewer Commission as hearing board.

(1) Any user who is aggrieved by the actions of the Superintendent may request a hearing before a hearing board, which, for the purposes of this chapter, is deemed to be the City of Chicopee Water and Sewer Commission as defined in § 16-100 of the City Code of Ordinances.

(2) The aggrieved person shall file a written request for such a hearing within seven days after the day the Superintendent's order was served or given, in the office of the Water and Sewer Commission. The Water and Sewer Commission shall set a time and place for such hearing, and shall inform the petitioner thereof, in writing.

(3) The hearing shall be commenced not later than 30 days after the day on which the written request was filed and shall be concluded within an additional 30 days thereafter. If a petitioner is aggrieved under § 231-12 of this chapter, the hearing must commence within five days of the date on which the written request was filed.

(4) At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order or decision of the Superintendent should be modified or withdrawn.

(5) After the hearing, the Commission shall sustain, modify or withdraw the order or decision of the Superintendent and shall inform the petitioner and the Superintendent, in writing, of its decision within seven days after the conclusion of the hearing.

(6) If a written letter for hearing is not filed in the office of the Water-Sewer Commission within seven working days after an order has been issued or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.

(7) Not fewer than four Commissioners shall constitute a quorum, and a majority of the quorum shall be required in order to sustain, modify, or withdraw an order or decision of the Superintendent.

§ 231-14 Enforcement.

The Department of Public Works or its authorized agent shall enforce this chapter, and the regulations promulgated hereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.

A. Civil relief. If anyone violates the provisions of this chapter, regulations, permit, notice, or order issued hereunder, the Department of Public Works may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities which would create further violations or compelling the person to abate or remediate the violation.

B. Orders.

(1) The Superintendent may issue a written order to enforce the provisions of this chapter or the regulations hereunder, which may include: a) elimination of illicit connections or discharges to the storm drainage system; b) termination of access to the storm drainage system; c) performance of monitoring, analyses, and reporting; d) cessation of unlawful discharges, practices, or operations; and e) remediation of contamination in connection therewith. If the Superintendent determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner.

(2) Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the City, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Superintendent within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Superintendent affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57, after the 31st day at which the costs first become due.

(3) The remedies provided in this chapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.

§ 231-15 Notification of violation.

When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, stormwater discharge permit, or any applicable state or federal standard or requirement, the Superintendent may serve upon that user a written notice of violation. Within 15 days receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions shall be submitted to the Superintendent. Submission of this plan shall in no way relieve the user of liability for any violations occurring before or after the receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

§ 231-16 Consent orders.

The City may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 231-18 of this chapter and shall be judicially enforceable.

§ 231-17 Show-cause hearing.

The Superintendent may order a user that has violated, or continues to violate, any provision of this chapter, a stormwater discharge permit or order issued hereunder, or any other applicable state or federal standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days' prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

§ 231-18 Administrative order.

A. When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a stormwater discharge permit or order issued hereunder, or any other applicable state or federal standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an administrative order to the user directing it to cease and desist all such violations and to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

B. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user.

§ 231-19 Injunctive relief.

When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a stormwater discharge permit, or order issued hereunder, or any state or federal standard or requirement, the Superintendent may petition the appropriate court through the City Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the stormwater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

§ 231-20 Departmental cost recovery.

A. The general costs for implementation, management, and enforcement of the City's stormwater management program are borne by all property owners. However, under this section, the City may assess against any user that violated any provision of this chapter or a stormwater discharge permit issued hereunder charges to recover program actual costs resulting from enforcement action of said violation, including but not limited to:

(1) Costs for monitoring, inspections and surveillance procedures;

(2) Costs for reviewing accidental discharge procedures and construction;

(3) Costs for sampling and analysis;

(4) Charges to recover the cost of consultant's services required to carry out the review of specific concerns regarding industrial stormwater discharges;

(5) Charges to recover legal costs associated with program violations;

(6) Other costs as the Superintendent may deem necessary to carry out the requirements contained herein.

B. These charges relate solely to the matters covered by the stormwater management program, and are separate from all other fees chargeable by the City, such as building permit fees, storm fees, sewer entrance fees, sewer user charge fees, etc.

§ 231-21 Violations and penalties.

A. Civil penalties.

(1) A user who has violated, or continues to violate, any provision of this chapter, a stormwater discharge permit, or order issued hereunder, or any other state or federal standard or requirement shall be liable to the City of Chicopee for a civil penalty of up to $1,000, but not to exceed $5,000 per violation, per day. In the case of a monthly or long-term average, penalties shall accrue for each day during the period of the violation.

(2) The Superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Chicopee.

(3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

B. Criminal penalties. A user who willfully or negligently violates any provision of this chapter, a stormwater discharge permit, or order issued hereunder, or any other applicable state or federal standard or requirement, shall be subject to prosecution as allowed by Massachusetts General Laws.

C. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City of Chicopee may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D. The Department of Public Works shall be the enforcing entity. The penalty for the first violation shall be up to $100. The penalty for the second violation shall be up to $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

§ 231-22 Performance bonds.

A. The City of Chicopee may require the owner to post before the start of land disturbance or construction activity a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by the City Solicitor and be in an amount deemed sufficient by the City of Chicopee to ensure that the work will be completed in accordance with the permit. If the project is phased, the City of Chicopee may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the City of Chicopee has fully approved completion of the project. For subdivisions, the bond may not be fully released until street acceptance.

§ 231-23 Liability insurance.

The Superintendent may decline to issue or reissue a stormwater discharge permit to any user who has failed to comply with any provision of this chapter, a previous stormwater discharge permit, or order issued hereunder, or any other applicable state or federal standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the MS4 caused by its discharge.

§ 231-24 Public nuisances.

A violation of any provision of this chapter, a stormwater discharge permit or order issued hereunder, or any other applicable state or federal standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of the Codes of the City of Chicopee governing such nuisances, including reimbursing the City of Chicopee for any costs incurred in removing, abating, or remedying said nuisance.

§ 231-25 Entry upon premises to perform duties.

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Superintendent, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and regulations and may make or cause to be made such examinations, surveys or sampling as the Superintendent deems reasonably necessary.

§ 231-26 Appeals.

The decisions or orders of the Superintendent and Board of Water-Sewer Commissioners shall be final. Further relief shall be to a court of competent jurisdiction.

§ 231-27 Remedies not exclusive.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law.

§ 231-28 Publication of users in significant noncompliance.

The Superintendent shall publish at least annually, in the largest daily newspaper where the MS4 is located, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable stormwater management standards and requirements. The term "significant noncompliance" shall mean:

A. Any other discharge that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of DPW personnel or the general public;

B. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;

C. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a stormwater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

D. Failure to provide within 30 days after the due date, any required reports, including monitoring reports, reports on compliance with stormwater management standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

E. Failure to accurately report noncompliance; or

F. Any other violation(s), which the Superintendent determines will adversely affect the operation or implementation of the local stormwater management program.

§ 231-29 Severability; repealer; when effective.

A. If any provision, paragraph, sentence, or clause, of this chapter, Code, or any order or permit of the Superintendent shall be held invalid for any reason, all other provisions shall continue in full force and effect.

B. All parts of this chapter in conflict herewith are hereby repealed.

C. This chapter will take effect upon passage.