[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 10-21-2003 by Ord. No. 03-53. Amendments noted where applicable.]
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).
The proper management of stormwater runoff will meet the following objectives:
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;
Prevent the discharge of pollutants, including hazardous chemicals into stormwater runoff;
Minimize the volume and rate of stormwater which is discharged to rivers, streams reservoirs, lakes and combined sewers;
Prevent erosion and sedimentation from improper land development, and reduce stream channel erosion caused by increased runoff;
Provide for the recharge of groundwater aquifers and maintain the base flow of streams;
Provide stormwater facilities that are attractive, maintain the natural integrity of the environment, and are designed to protect public safety;
Maintain or reduce predevelopment runoff characteristics after development to the extent feasible;
Minimize damage to public and private property from flooding;
To prevent pollutants from entering Chicopee's municipal separate storm sewer system (MS4);
To prohibit illicit connections and unauthorized discharges to the MS4;
To require the removal of all such illicit connections;
To comply with state and federal statutes and regulations relating to stormwater discharges;
To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement;
To prevent contamination of drinking water supplies.
This regulation, for the proper management of stormwater, is adopted under the provisions of Law Department General Laws, Chapter 40A, §§ 1 through 22, inclusive.
Unless the context specifically indicates otherwise, the meaning of terms used in this code 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.
- APPROVAL AUTHORITY
- The administrator of US EPA Region I, or authorized representative.
- 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 his/her designee.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.
- AUTHORIZED ENFORCEMENT AGENCY
- The Department of Public Works, its employees or agents designated to enforce this bylaw.
- BEST MANAGEMENT PRACTICES (BMP)
- Are 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, 20º 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).
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
- CITY or CITY OF CHICOPEE
- A municipal corporation in the County of Hampden, Massachusetts.
- COMBINED SEWER
- A sewer receiving both surface runoff and sewage.
- Combined sewer overflow.
- COMPOSITE SAMPLE
- For monitoring requirements, a combination of individual samples of equal volume collected at equally spaced intervals (not to exceed 1 hour) during hours of production (not to exceed a twenty-four-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.
- DESIGN STORM
- A rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate.
- 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 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.
- DRAINAGE AREA
- That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline.
- An approved structure used to infiltrate stormwater.
- Dry weather overflow.
- 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 US 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 code.
- 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.
- 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 nonstormwater 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 material or structure on or above the ground that prevents water from infiltrating the underlying soil.
- INDUSTRIAL WASTE
- The liquid waste from manufacturing processes, trade, or business, distinct from sanitary sewage.
- 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.
- 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 United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
- 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 code.
- 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.
- 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.
- NONSTORMWATER DISCHARGE
- Any discharge to the municipal storm drain system not composed entirely of stormwater.
- The terminus of a storm drain or other stormwater structure where stormwater is discharged.
- 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 and stormwater runoff. These soils are generally classified as Soil Conservation Service hydrologic soil Types A and B.
- 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.
- Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth. Pollutants shall include 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.
- 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.
- A measure of the acidity or alkalinity of a solution, expressed in standard units.
- 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.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and 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.
- The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
- 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 ground waters are not intentionally added.
- Human excrement and gray water (household showers, dishwashing operations, etc.).
- 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:
- 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.
- 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 noncontact cooling water.
- Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
- 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 code, or his duly authorized representative.
- SUSPENDED SOLIDS
- The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
- A natural depression or wide shallow ditch used to temporarily store, route or filter runoff.
- 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," a hydrologic model developed by the Soil Conservation Service to calculate stormwater runoff and to aid in designing detention basins
- A watershed hydrology model developed by the Soil Conservation Service that is used to route a design storm hydrograph through a pond.
- Water containing no pollutants.
- Any property owner or permittee that has any stormwater discharge, direct stormwater discharge, or indirect stormwater discharge.
- Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that, during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
- WASTEWATER TREATMENT PLANT or TREATMENT PLANT
- That portion of the POTW which is designed to provide wastewater treatment.
- 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, costal waters, and groundwater.
This chapter shall apply to flows entering the municipally owned storm drainage system (MS4), stormwater discharges, and indirect stormwater discharges.
Prior to the issuance of any stormwater discharge 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 this chapter, initiate any land clearing; land grading, earth moving or development activities without first complying with this chapter. The following uses shall be required to submit drainage reports, plans, construction drawings, specifications and as-built information in conformance with the requirements of this chapter:
Multifamily residential developments involving three or more units;
Any new source commercial, industrial, residential and institutional structures under the same ownership, with at least 4,000 gross square feet of impervious surface.
Redevelopment or additions to existing commercial, industrial, residential and institutional uses which result in a total impervious surface area of greater than 4,000 gross square feet.
Any activity that disturbs one acre or more of land.
Any other user, when the Superintendent deems that the application and permitting is required to carry out the intent of this code.
Submittal of stormwater management plans.
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.
The applicant may request, and the Superintendent may grant, a waiver from any information requirements he/she judges to be unnecessary to the review of a particular plan.
No plan will be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the City Engineer for scheduling the following inspections:
Initial inspection: prior to approval of any plan.
Erosion control inspection: to ensure erosion control practices are in accord with the plan.
Bury inspection: prior to backfilling of any underground drainage or stormwater conveyance structures.
Final inspection: when all work including construction of stormwater management facilities has been completed.
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.
Contents of the stormwater management plan. The applicant is responsible for submitting a stormwater management plan, which meets the design requirements provided by this code. 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:
Drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths.
Location of existing and proposed utilities.
Topographic survey showing existing and proposed contours (maximum two-foot contour intervals).
Soils investigation, including borings or test pits, to a depth greater than four feet below estimated seasonal ground water for areas where construction of infiltration practices will occur.
Description of all watercourses, impoundments, and wetlands on or adjacent to the site or into which stormwater flows.
Delineation of one-hundred-year floodplains, if applicable.
Groundwater levels at the time of probable high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration.
Existing and proposed locations cross-sections, and profiles of all brooks, streams, drainage swales and the method of stabilization.
Location of existing and proposed easements.
Proposed improvements including location of buildings or other structures, impervious surfaces, and storm drainage facilities, if applicable.
Structural details for all components of the proposed drainage systems and stormwater management facilities.
Timing schedules and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization.
Notes on drawings specifying materials to be used, construction specifications, and typicals.
Estimate of stormwater management construction costs.
Other information as required.
Minimum control requirements. The minimum stormwater control requirements shall require that all developments provide management measures necessary to maintain the post-development peak discharges for a twenty-four-hour, two-year frequency storm event at a level that is equal or less than the respective, pre-development 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.
Stormwater management measures.
Stormwater management measures shall be required to satisfy the minimum control requirements and shall be according to the following order of preference:
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;
Retention and evaporation of stormwater on rooftops or in parking lots;
Use of stormwater on-site to replace water used in industrial processes or for irrigation.
Stormwater detention structures for the temporary storage of runoff which is designed so as not to create a permanent pool of water; and
Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water.
Infiltration practices shall be utilized to reduce runoff volume increases. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each practice based on site conditions.
Best management practices shall be employed to minimize pollutants in stormwater runoff prior to discharge into a combined or separate storm drainage system or water body.
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.
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.
In addition. The specific standards and design criteria as detailed in MA DEP Stormwater Management Volumes One & Two March 1997 edition, must be included. These standards and design criteria include but are not limited to the following:
No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth.
Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates.
Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge from the pre-development or existing site conditions, based on soil types.
For new development, stormwater management systems must be designed to remove 80% of the average annual load (post-development conditions) of total suspend solids (TSS). It is presumed that this standard is met when:
Stormwater discharges from areas with higher potential pollution loads require the use of specific stormwater management BMPs. The use of infiltration practices without pretreatment is prohibited.
Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas. Critical areas are outstanding resource waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies.
Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.
Erosion and sediment controls must be implemented to prevent impacts during construction or land disturbance activities.
All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.
Specific design criteria.
Infiltration systems shall be equipped with clean stone and or filter fabric adjacent to the soil and have appropriate sediment removal mechanisms;
Infiltration systems shall be located at least 20 feet from basement walls;
Due to the potential for groundwater contamination, infiltration systems shall not be an acceptable method for management of runoff containing pollutants;
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;
Infiltration systems shall not be used as sediment control basins during construction unless specific plans are included to restore or improve the basin surface;
Infiltration basins shall be constructed with a three-foot-minimum separation between the bottom of the structure and the maximum groundwater elevation; and
Provisions shall be made for safe overflow passage, in the event of a storm, which exceeds the capacity of an infiltration system.
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.
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.
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.
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.
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.
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.
Runoff from parking lots shall be treated by oil/water separators or other controls to remove oil and sediment;
A maintenance program for the basins/swales shall be prepared to ensure long-term filtration integrity. All methodology implemented for water quality protection shall follow the standards and guidelines of the following documents: Stormwater Management, Volume One: Stormwater Policy Handbook, MA DEP, MA CZM, March 1997; Stormwater Management, Volume Two: Stormwater Technical Handbook, MA DEP, MA CZM, March 1997; Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas, Franklin, Hampden, Hampshire Conservation Districts, March 1997, all as revised.
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.
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.
The owner of the property on which work has been done pursuant to this chapter for private stormwater management facilities, or the 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.
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 a part of the stormwater management plan.
Illegal discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal storm drain system, watercourse, or into the waters of the Commonwealth.
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.
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.
Exemptions. This section shall not apply to any of the following nonstormwater discharges or flows, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
Flows from potable water sources;
Natural flows from riparian habitats and wetlands;
Diverted stream flows;
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
Uncontaminated groundwater discharge from a residential sump pump, which existed at the time of adoption of this bylaw;
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;
Discharges from landscape irrigation or lawn watering;
Water from individual residential car washing and temporary fundraising car wash events;
Discharges from dechlorinated swimming pool water (less than one ppm chlorine), provided it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining, and the pool is drained in such a way as not to cause a nuisance;
Discharges from street sweepers of minor amounts of water during operations;
Discharges or flows resulting from fire-fighting activities;
Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test;
Nonstormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
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.
Notwithstanding any other requirements of local, state or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials at that facility operation which is resulting or may result in illegal discharge of pollutants, that person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the 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 material 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.
Stormwater discharge permit application requirements.
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:
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;
Any existing significant user proposing to continue to discharge to the MS4 and whose existing permit will expire within 90 days
Any other existing or new user, when the Superintendent deems that the application is necessary to carry out the purposes of this code.
Applying for or obtaining a stormwater management 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 with federal, state and local law.
Any new user described above must submit a completed application at least 45 days prior to the beginning of stormwater discharge.
Stormwater discharge permit application contents.
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:
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;
Any other information as may be deemed necessary by the Superintendent to evaluate the stormwater discharge permit application; and
A signature of an authorized representative of the user certifying the accuracy.
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 use 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 code.
Stormwater discharge permit contents. 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. Stormwater discharge permits may contain, but need not be limited to the following:
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;
A statement that the stormwater discharge permit is nontransferable without prior notification to the Superintendent in accordance with § 231-9D of this code, and provisions for furnishing the new owner or operator with a copy of the existing stormwater discharge permit;
Applicable standards, including prohibited discharge standards, and local limits;
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;
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;
Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization;
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;
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;
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
Any other conditions as deemed appropriate by the Superintendent to ensure compliance with this code, and state and federal laws, rules, and regulations.
Stormwater discharge permit transfer.
Stormwater discharge permits may be transferred to a new owner if the permittee gives no less than 60 days' advanced 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:
Failure to provide advance notice of a transfer renders the stormwater discharge permit void as of the date of transfer.
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.
Any person discharging to a municipal storm drain system in violation of this chapter may have his/her 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.
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.
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.
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 code are initiated against the user.
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.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
In addition to the provisions in § 231-9 of this code, any user who violates the following conditions is subject to discharge termination:
Violation of stormwater discharge permit conditions or discharge limitations;
Failure to accurately report the stormwater constituents and characteristics of its discharge;
Failure to report significant changes in operations or stormwater volume, constituents, and characteristics prior to discharge; or
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, records examination, or sampling.
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.
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.
The Sewer Commission may promulgate rules and regulations to effectuate the purposes of this chapter. Failure by the Sewer Commission to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.
Sewer Commission as hearing board.
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 code, is deemed to be the City of Chicopee Sewer Commission as defined in Article XXIII, § 16-100C, of the Code of the City of Chicopee.
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 Sewer Commission. The Sewer Commission shall set a time and place for such hearing, and shall inform the petitioner thereof, in writing.
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 code, the hearing must commence within five days of the date on which the written request was filed.
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.
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.
If a written letter for hearing is not filed in the office of the 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.
Not less than three Commissioners shall constitute a quorum, and a majority of the quorum shalt be required in order to sustain, modify, or withdraw an order or decision of the Superintendent.
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 permit, notices, and orders, and may pursue all civil and criminal remedies for such violations.
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.
Orders. The Superintendent may issue a written order to enforce the provisions of this chapter or the regulations hereunder, which may include: elimination of illicit connections or discharges to the storm drainage system; termination of access to the storm drainage system; performance of monitoring, analyses, and reporting; cessation of unlawful discharges, practices, or operations; and 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.
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.
The remedies provided in this code 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.
When the Superintendent finds that a user has violated, or continues to violate, any provision of this code, 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.
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 code and shall be judicially enforceable.
The Superintendent may order a user which has violated, or continues to violate, any provision of this code, 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 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.
When the Superintendent finds that a user has violated, or continues to violate, any provision of this code, 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:
Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user.
When the Superintendent finds that a user has violated, or continues to violate, any provision of this code, 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 code 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.
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 code 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:
Costs for monitoring, inspections and surveillance procedures;
Costs for reviewing accidental discharge procedures and construction;
Costs for sampling and analysis;
Charges to recover the cost of consultant's services required to carry out the review of specific concerns regarding industrial stormwater discharges;
Charges to recover legal costs associated with program violations;
Other costs as the Superintendent may deem necessary to carry out the requirements contained herein.
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.
A user who has violated, or continues to violate, any provision of this code, 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.
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.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
Criminal penalties. A user who willfully or negligently violates any provision of this code, 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.
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.
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 code, a previous stormwater discharge permit, or order issued hereunder or any other applicable state or federal pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City of Chicopee, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
The Superintendent may require from the user a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Superintendent prior to the issuance of any stormwater discharge permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this chapter and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the City Engineer, submission or as-built plans, and certification of completion by the City Engineer of the stormwater management facilities being in compliance with the approved plan and the provisions of this chapter.
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 code, 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.
A violation of any provision of this code, 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.
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 bylaw and regulations and may make or cause to be made such (examinations, surveys or sampling as the Superintendent deems reasonably necessary.
The decisions or orders of the Superintendent and Board of Sewer Commissioners shall be final. Further relief shall be to a court of competent jurisdiction.
The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.
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 twelve months, were in significant noncompliance with applicable stormwater management standards and requirements. The term "significant noncompliance" shall mean:
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;
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;
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contined in a stormwater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
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;
Failure to accurately report noncompliance; or
Any other violation(s), which the Superintendent determines, will adversely affect the operation or implementation of the local stormwater management program.
If any provision, paragraph, sentence, or clause, of this bylaw, 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.
All parts of this code in conflict herewith are hereby repealed.
This Code will take affect upon passage.