[HISTORY: Adopted by the City Council of the City of Marlborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-23-2009 by Ord. No. 08/09-1002346E]
A.
This article complies with the requirements of Phase II of the National
Pollutant Discharge Elimination System (NPDES) stormwater program
promulgated on December 8, 1999, (and as may be subsequently amended)
under the Federal Clean Water Act (CWA). Under the Phase II stormwater
program, the United States Environmental Protection Agency (EPA) requires
regulated municipalities to reduce the discharge of pollutants in
stormwater to the maximum extent practicable and to adopt ordinances
to address the control of sources of pollutants entering the municipal
storm drain system.
B.
Increased and contaminated stormwater runoff is a major cause of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
C.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the City of
Marlborough's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the environment.
The objectives of this article are:
A.
To prevent pollutants from entering the City of Marlborough's
municipal storm drain system;
B.
To prohibit illicit connections and unauthorized discharges to the
municipal storm drain system;
C.
To require the removal of all such illicit connections;
D.
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
E.
To establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring, and enforcement.
The following definitions shall apply in the interpretation
and enforcement of this article:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as amended.
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.
The City Engineer shall be authorized to enforce this article.
Water beneath the surface to the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this article.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 511-8 herein.
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 Marlborough.
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.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any element or property of sewage, and any residential, municipal,
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 storm drainage system
or waters of the commonwealth. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Toxic or hazardous material or waste; sewage, fecal coliform,
and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
A stormwater condition caused by or involving a pollutant.
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.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present,
which is contributed to or permitted to enter the publicly owned treatment
works.
A natural or man-made channel through which water flows,
or a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This article is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and pursuant to the
regulations of the Federal Clean Water Act found at 40 CFR 122.34.
This article shall apply to all discharges of pollutants entering
the municipal storm drain system.
The City Engineer shall administer, implement and enforce this
article. Any powers granted to or duties imposed upon the City Engineer
may be delegated in writing by the City Engineer to another City department,
commission or board to act as his/her authorized agent.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge or wastewater
into the municipal storm drain system, into a 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 flow of stormwater into or out of the municipal
storm drain system without prior written approval from the City Engineer.
The following are exempt activities:
A.
Discharge or flow resulting from fire-fighting activities.
B.
The following non-stormwater discharges are exempt from the prohibitions
of this article, provided that, in the opinion of the City Engineer,
the source is not a significant contributor of a pollutant to the
municipal storm drain system:
(1)
Waterline flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains, crawl space
pumps, or air-conditioning condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less than
1.0 ppm chlorine), provided that the water is allowed to stand for
one week prior to draining and the pool is drained in such a way as
not to cause a nuisance;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided that verbal notification is given to the
City Engineer prior to the time of the test;
(14)
Non-stormwater discharge permitted under an NPDES permit or
a surface water discharge permit, waiver, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency or the Department of Environmental Protection, provided
that the discharge is in full compliance with the requirements of
the permit, waiver, or order and applicable laws and regulations;
and
(15)
Discharge for which advanced written approval is received from
the City Engineer as necessary to protect public health, safety, welfare
or the environment.
The City Engineer may suspend municipal storm drain system access
to any person or property without prior notice when such suspension
is necessary to stop an actual or threatened discharge of pollutants
that presents imminent risk of harm to the public health, safety,
welfare or the environment. In the event any person fails to comply
with an emergency suspension order, the enforcement authority may
take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or waters of the commonwealth, that
person shall immediately 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 and the City Engineer. In the event of a release
of nonhazardous material, the reporting person shall notify the City
Engineer no later than the next business day. The reporting person
shall provide to the City Engineer written confirmation of all telephone,
facsimile or in-person notifications within three business days thereafter.
If the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or operator of the facility shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years following the date of discharge.
A.
General. The City Engineer or his/her authorized agent shall enforce
this article, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
B.
Civil relief. If the City Engineer finds that a person is in violation
of the provisions of this article, or any permit, notice, or order
issued thereunder, the City Engineer may seek injunctive relief in
a court of competent jurisdiction restraining the person from activities
which would create further violations or compelling the person to
perform abatement or remediation of the violation.
C.
Orders.
(1)
In order to enforce the provisions of this article, the City Engineer
or his/her agent may issue a written order to the person found by
the City Engineer to be in violation of this article. Such order may
include:
(2)
If the City Engineer determines that abatement or remediation of
pollution is required, the order shall set forth a deadline by which
such abatement or remediation must be completed. Said order shall
further advise that, should the violator or property owner fail to
abate or perform remediation within the specified deadline, the City
of Marlborough may, at its option, undertake such work, and that the
expenses thereof shall be charged to the violator.
(3)
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 of Marlborough,
including administrative costs. Within 30 days of receipt of the notification
of the costs incurred by the City, the violator or property owner
may file with the City Engineer a written protest objecting to the
amount or basis of those costs. 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 City Engineer 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 on which the costs first become due.
D.
Criminal penalty. Any person who violates any provision of this article
or any order issued hereunder shall be punished by a fine of $300.
Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
E.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City Engineer may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 315 of the Code of the City of Marlborough. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
F.
Entry to perform duties under this article. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the City Engineer and his/her agents may enter upon
privately owned property for the purpose of performing their duties
under this article, and may make or cause to be made such examinations,
surveys or sampling as the City Engineer deems reasonably necessary.
G.
Appeals. The decisions or orders of the City Engineer shall be final.
Further relief shall be to a court of competent jurisdiction.
H.
Remedies not exclusive. The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law.
