[HISTORY: Adopted by the City Council of
the City of Northampton 6-17-2004 (Ch. 22, Art. VI, of the 1977 Code). Amendments noted where
applicable.]
[Amended 12-4-2014]
A.
The purpose of this chapter is to regulate illicit
connections and discharges to the municipal storm drain system, which
is necessary for the protection of Northampton's water bodies and
groundwater, and to safeguard the public health, safety, welfare and
the environment.
B.
The objectives of this chapter are:
(1)
To prevent pollutants from entering Northampton's
municipal separate storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges
to the MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations
relating to stormwater discharges;
(5)
To establish the legal authority to ensure compliance
with the provisions of this chapter through inspection, monitoring,
and enforcement; and
(6)
To prevent contamination of drinking water supplies.
For the purposes of this chapter, the following
shall have the meanings indicated:
The Department of Public Works, its employees or agents designated
to enforce this chapter.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or commonwealth from any source.
All water beneath the surface of the ground.
Any direct or indirect nonstormwater discharge to the municipal storm drain system, except as specifically exempted in § 278-5D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from fire-fighting activities exempted pursuant to § 278-5D of this chapter.
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 but not limited to
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.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
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 Northampton.
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.
Any discharge to the municipal storm drain system not composed
entirely of stormwater.
Any individual, partnership, association, firm, company,
trust, corporation, and, any agency, authority, department or political
subdivision of the commonwealth or the federal government, to the
extent permitted by law, and any officer, employee, or agent of such
person.
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 if discharged
to waters of the commonwealth in sufficient quantities, causes or
is reasonably certain to cause any alteration of the physical, chemical
or biological properties of such waters; or to create a nuisance;
or to render such waters harmful, detrimental or injurious to public
health, safety or welfare, or to domestic, industrial, agricultural,
recreational, or other legitimate beneficial uses or to any organism,
aquatic life, plant or animal. Pollutants shall include:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues, including
but not limited to sediments, slurries, and concrete rinsates; and
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Any surface flow, runoff, and drainage consisting entirely
of water from precipitation or snowmelt.
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. 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.
Water containing no pollutants.
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.
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.
This chapter shall apply to flows entering the
municipally owned storm drainage system.
[Amended 12-4-2014]
The Department of Public Works may promulgate
rules, regulations and a permitting process to effectuate the purposes
of this chapter.
A.
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.
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 prior approval
from the Department of Public Works or its designated agent.
[Amended 12-4-2014]
D.
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:
(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;
(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, 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 (less than one part per million chlorine), 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 fire-fighting
activities;
(15)
Dye testing, provided that verbal notification
is given to the Department of Public Works prior to the time of the
test;
(16)
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
(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.
A.
The Department of Public Works 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, welfare or 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, welfare
or the environment.
B.
Any person discharging to a municipal storm drain
system in violation of this chapter may have their municipal storm
drain system access terminated if such termination would abate or
reduce an illicit discharge. The Department of Public Works will notify
a violator of the proposed termination of municipal storm drain system
access. The violator may petition the Department of Public Works 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 Department
of Public Works.
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 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.
A.
The Department of Public Works or its authorized agent
shall enforce this chapter, and the regulations promulgated thereunder,
as well as the terms and conditions of all permits, notices, and orders,
and may pursue all civil and criminal remedies for such violations.
B.
Civil relief. If anyone violates the provisions of
this chapter, regulations, permit, notice, or order issued thereunder,
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.
C.
Orders.
(1)
The Department of Public Works may issue a written
order to enforce the provisions of this chapter or the regulations
thereunder, 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 Department of Public Works 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 Department of Public Works 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 Department of Public Works 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.
D.
Criminal and civil penalties. Any person who violates
any provision of this chapter, valid regulation, or the terms or conditions
in any permit or order prescribed or issued thereunder, shall be subject
to a fine not to exceed $300 for each day such violation occurs or
continues or subject to a civil penalty, which may be assessed in
an action brought on behalf of the City in any court of competent
jurisdiction.
E.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City of Northampton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D. The Director of the Department of Public Works, or the Director's designee, shall be the enforcement officer as outlined in § 40-5 of the Code. The penalty for the first, second, third and subsequent violations shall be as set forth in Chapter 40, Enforcement. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.[1]
F.
Entry to perform duties under this chapter. To the
extent permitted by state law, or if authorized by the owner or other
party in control of the property, the Department of Public Works,
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 Department of Public Works deems reasonably
necessary
G.
Appeals. The decisions or orders of the Department
of Public Works shall be final. Further relief shall be to a court
of competent jurisdiction.
H.
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.
Residential property owners shall comply with
this chapter on a schedule set forth in the Department of Public Works
compliance order, but such property owners shall in no case have more
than six months from the effective date of this chapter to comply
with its provisions, unless good cause is shown for the failure to
comply with the chapter during that period.
