[Ord. No. 30916, 6-23-2008]
A.
The purpose of this article is to: implement the requirements of
the National Pollutant Discharge Elimination System (NPDES) general
permit for stormwater discharges from small municipal separate storm
sewer systems issued by the U.S. Environmental Protection Agency;
protect the public health, safety and welfare of Waltham residents;
protect the natural resources, water bodies, groundwater resources,
environment and municipal facilities of the City; satisfy the appropriate
water quality requirements of the Federal Clean Water Act; eliminate
or reduce the adverse effects of soil erosion and sedimentation as
a result of land-disturbing activities; manage stormwater runoff to
minimize adverse impacts to the City, its residents and the environment;
and establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring and enforcement.
B.
Chapter 25, Article I, establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, residents, and the general public. In addition, this article establishes stormwater management standards for land disturbances that have harmful impacts of soil erosion and sedimentation.
C.
(1)
To require practices to control the flow of stormwater from new and
redeveloped sites into the municipal storm drainage system in order
to prevent flooding and erosion.
(2)
To protect groundwater and surface water from degradation.
(3)
To promote groundwater recharge and infiltration.
(4)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4) and to minimize discharge of pollutants from
the MS4.
(5)
To ensure adequate long-term operation and maintenance of structural
stormwater best management practices (BMPs) so that they work as designed.
(6)
To require practices that eliminate soil erosion and sedimentation
and control the volume and rate of stormwater runoff resulting from
land disturbances.
(7)
To ensure that soil erosion and sediment control measures and stormwater
runoff control practices are incorporated into the site planning and
design process and are implemented and maintained.
(8)
To require practices to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary
waste at the construction site that may cause adverse impacts to water
quality.
(9)
To comply with state and federal statutes and regulations relating
to stormwater discharges.
D.
This article is adopted under authority granted by the Home Rule
Amendments of the Massachusetts Constitution, the Massachusetts Home
Rule statutes, and the regulations of the Federal Clean Water Act
found at 40 CFR 122.34. The provisions of this article shall apply
to all property owners in the City and to nonproperty owners where
applicable.
E.
To the extent this article conflicts with the requirements of the
NPDES general permit, the terms and conditions of the permit shall
apply.
[Ord. No. 30916, 6-23-2008]
Unless otherwise defined in this section, the terms in this article correspond to definitions found in the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general permit for stormwater discharges from small municipal separate storm sewer systems issued by the U.S. Environmental Protection Agency. The following definitions apply to Chapter 25 Article I:
The owner(s) of land abutting the activity.
Any activity on an area of land that changes the water quality,
force, direction, timing, or location of runoff flowing from the area.
Such changes include change from distributed runoff to confined, discrete
discharge; change in the volume of runoff from the area; change in
the peak rate of runoff from the area; and change in the recharge
to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a stormwater management permit
for proposed land disturbances.
A registered professional engineer (PE) hired by the applicant
to certify that design and construction are completed in accordance
with the applicable local, state, and federal stormwater requirements.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
Any activity that removes the vegetative surface cover.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings, and details developed
by a registered professional engineer (PE) or a certified professional
in erosion and sediment control (CPESC), which includes BMPs or equivalent
measures designed to control surface runoff, erosion and sedimentation
during pre-construction and construction-related land disturbances.
The plan is required as part of the application for a stormwater management
permit.
Changing the level or shape of the ground surface.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and the Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56. The
policy addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
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.
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
Any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
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
of Massachusetts. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinances, 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; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land
disturbances are, were, or will be performed.
Any earth, sand, rock, gravel, or similar material.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
The Mayor shall designate the Stormwater Enforcement Agent(s)
to enforce this article and notify the City Council of the designated
agent(s). The Stormwater Enforcement Agent shall enforce construction
and post-construction runoff controls as specified in this article
and in the Stormwater Management Rules and Regulations.
A plan required as part of the application for a stormwater
management permit.
A body of running water, including brooks, creeks, and other
water courses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, is naturally obscured, or beneath a bridge. A stream's
flow may be intermittent (i.e., does not flow throughout the year)
or perennial.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40 and 310 CMR 10.00 et seq.
[Ord. No. 30916, 6-23-2008]
A.
No person may undertake a construction activity, including clearing,
grading, and excavation, that results in a land disturbance that will
disturb equal to or greater than one acre of land or will disturb
less than one acre of land but is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater
than one acre of land draining to the City's MS4 without a stormwater
management permit from the Stormwater Enforcement Agent. After the
initial common plan construction activity is completed for a particular
parcel, any subsequent development or redevelopment of that parcel
would be regarded as a new plan of development. For example, after
a house is built and occupied, any future construction on that lot
(e.g., reconstructing after fire, adding a pool or parking area, etc.),
would stand alone as a new common plan for purposes of calculating
acreage disturbed to determine if a Stormwater Management Permit is
required. Construction activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity, or the original purpose of the site.
B.
Exemptions.
(1)
Construction activities waived from permit coverage under the NPDES
general permit for stormwater discharges from construction activities.
(2)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(3)
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling;
(4)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(5)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns;
(6)
Projects permitted and approved by the City of Waltham prior to the
effective date of this article; and
(7)
Emergency work to protect life, limb, or property.
[Ord. No. 30916, 6-23-2008]
B.
Rules and regulations. The Stormwater Enforcement Agent shall promulgate
rules and regulations to effectuate the purpose of this article after
publishing a public notice in a newspaper of general circulation and
holding a public hearing. The City Council will review and approve
the final rules and regulations before they become effective. Failure
to promulgate such rules and regulations or a determination of their
invalidity by final order of a court of competent jurisdiction shall
not have the effect of suspending or invalidating this article. Any
powers granted to or duties imposed upon the Stormwater Enforcement
Agent or the City Council to promulgate rules and regulations shall
not have the effect of suspending or invalidating this article.
[Ord. No. 30916, 6-23-2008]
Permits, fees, and procedures shall be defined and included as part of the rules and regulations promulgated as required in Section 25-4.
[Ord. No. 30916, 6-23-2008]
A.
The Stormwater Enforcement Agent may waive strict compliance with
any requirement of this article or the rules and regulations promulgated
hereunder subject to approval of the City Council, where:
B.
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the article does not further the purposes or objectives of the
article.
[Ord. No. 30916, 6-23-2008]
The Stormwater Enforcement Agent shall require from the developer
a surety or cash bond, or other means of security acceptable to the
City Treasurer, prior to the issuance of any building 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 article
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 Stormwater Enforcement Agent, submission
of "as-built" plans, and certification of completion by the Stormwater
Enforcement Agent of the stormwater management facilities being in
compliance with the approved plan and the provisions of this article.
[Ord. No. 30916, 6-23-2008]
A.
The Stormwater Enforcement Agent shall enforce this article and any
regulation, decision, permit or order issued under this article and
may pursue all civil and criminal remedies for violations of their
provisions.
B.
If, in the estimation of the Stormwater Enforcement Agent, corrective
work is required to protect the environment, and the property owner
fails to perform said corrective work within a reasonable period of
time as set by the Stormwater Enforcement Agent, he/she may order
the same to be performed by a party to be determined by it, and the
property owner shall be required to reimburse the City for all costs
incurred. These costs will be in addition to the fines described above.
C.
Penalties. In addition to the other means of enforcement otherwise available for violations of this article, including, but not limited to, where applicable, the provisions of Section 1-13(a) of the General Ordinances, violations may be penalized, as provided by MGL c. 40, § 21D, pursuant to the noncriminal disposition provisions of Section 1-13(b) of the General Ordinances. Each day a violation continues shall constitute a separate offense. If the property owner violates more than one provision of this article or any condition of an approval issued hereunder, each provision or condition so violated shall constitute a separate offense. Fines issued and costs assessed or upheld by the City Council shall constitute a municipal lien upon the property and shall accrue interest as provided by applicable law. Upon request of the Stormwater Enforcement Agent, the Law Department shall take any and all legal action as may be necessary to enforce this article and permits issued pursuant to it. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Stormwater Enforcement Agent, its agents, officers, and employees may enter upon privately owned property for the purpose of performing its duties and may make or cause to be made such examinations, surveys or sampling as the Stormwater Enforcement Agent deems reasonably necessary to enforce the provisions of this article.
D.
Decisions or orders of the Stormwater Enforcement Agent pursuant
to this article may be appealed to the City Council subject to the
terms and conditions of the NPDES general permit. Appellants must
show good cause why the decision of the Stormwater Enforcement Agent
shall be overturned. The decision of the City Council shall be final,
except further relief may be made to a court of competent jurisdiction.
[Ord. No. 30916, 6-23-2008]
The provisions of this article are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this article or
the application thereof to any property owner, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of said article to the extent permitted
by law.
[Ord. No. 30917, 6-23-2008]
A.
Increased and contaminated stormwater runoff is a major cause of
impairment of water quality and flow into waterways; contamination
of drinking water supplies; alteration or destruction of aquatic and
wildlife habitat; and flooding.
B.
Regulation of illicit connections and discharges to the municipal
storm drainage system is necessary for the protection of the City's
water bodies and groundwater and to safeguard the public health, safety,
welfare and the environment.
C.
The objectives of this article are:
(1)
To prevent pollutants from entering the City's municipal separate
storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges to the
MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring, and enforcement.
[Ord. No. 30917, 6-23-2008]
Code of Federal Regulations.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Code of Massachusetts Regulations.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drainage 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 drainage system that is not composed entirely of stormwater, except as exempted in § 25-23 of this article.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks and rooftops.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City.
A permit issued by the United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth
of Massachusetts. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinances, 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; and
Noxious or offensive matter of any kind.
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.
The Mayor shall designate the Stormwater Enforcement Agent(s)
to enforce this article and notify the City Council of the designated
agent(s).
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, or 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 30.00 and 310 CMR 40.00 et seq.
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.
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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40, and 310 CMR 10.00 et seq.
[Ord. No. 30917, 6-23-2008]
This article shall apply to flows entering the municipal storm
drainage system. The provisions of this article shall take precedence
over any conflicting provisions of the General Ordinances.
[Ord. No. 30917, 6-23-2008]
This article is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act and pursuant to MGL c. 83, §§ 1, 10,
and 16, as amended by St. 2004, c. 149, §§ 135 to 140,
and the regulations of the federal Clean Water Act found at 40 CFR
122.34.
[Ord. No. 30917, 6-23-2008]
The Stormwater Enforcement Agent shall administer, implement
and enforce this article and any rules and regulations adopted thereunder.
Any powers granted to or duties imposed upon the Stormwater Enforcement
Agent may be delegated in writing by the Stormwater Enforcement Agent
to employees or agents of the Stormwater Enforcement Agent.
[Ord. No. 30917, 6-23-2008]
After public hearing and public notice, the Stormwater Enforcement
Agent may promulgate rules and regulations to effectuate the purposes
of this article. Failure by the Stormwater Enforcement Agent to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this article.
[Ord. No. 30917, 6-23-2008]
A person is considered to be in violation of this article if
he connects a line conveying sewage and/or wastewater to the municipal
storm drain system or, once detected, allows such a connection to
continue.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the waters of the Commonwealth of Massachusetts.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drainage
system, regardless of whether the connection was permissible under
applicable law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drainage system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drainage system without prior written approval from
the Stormwater Enforcement Agent.
[Ord. No. 30917, 6-23-2008]
The following nonstormwater discharges or flows are exempt from
the prohibition of nonstormwaters, provided that the source is not
a significant contributor of a pollutant to the municipal storm drainage
system:
A.
Municipal water line flushing;
B.
Uncontaminated groundwater or uncontaminated pumped groundwater;
C.
Water from exterior foundation drains, footing drains, crawl space
pumps or airconditioning condensation;
D.
Water from sump pumps and other pumps that remove floodwaters from
basements, except that this provision excludes water contaminated
by sewage;
E.
Water discharge from irrigation or watering of lawns, trees, landscaping
and gardens;
F.
Water from property management activities, including washing walkways,
patios, house siding, windows or similar property management activities,
provided that no detergents are used in conducting such activities;
G.
Discharge from dechlorinated swimming pool water (less than one ppm
of chlorine or bromine), provided that the pool is not drained in
a manner designed to flood or otherwise adversely affect neighboring
or downstream properties;
H.
Discharge from washing vehicles garaged at a single-family or two-family
dwelling;
I.
Consolidated public works ice, snow and street sweeping management
operations;
J.
Flow resulting from fire-fighting activities;
K.
Dye testing, provided that written notification is given to the Engineering
Department two business days prior to the time of the test;
L.
Maintenance or replacement of existing landscaping, gardens or lawn
areas;
M.
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
N.
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns;
O.
Projects that commenced prior to the effective date of this article,
provided that they are completed within one year from such effective
date;
P.
Natural flow from riparian habitats and wetlands;
Q.
Springs;
R.
Diverted stream flow;
S.
Rising groundwater;
T.
Nonstormwater 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
U.
Discharge for which advanced written approval is received from the
Stormwater Enforcement Agent as necessary to protect public health,
safety, welfare or the environment.
[Ord. No. 30917, 6-23-2008]
A.
The Stormwater Enforcement Agent may suspend municipal storm drainage
system access to any person or property without prior written notice
when such suspension is necessary to stop an actual or threatened
discharge of pollutants that presents imminent risk of harm to the
public health, safety, welfare or the environment.
B.
No person shall reinstate municipal storm drain system access to
premises terminated pursuant to this section without the prior inspection
and approval of the Engineering Department. An unapproved reinstatement
shall constitute a violation of this section.
C.
In the event any person fails to comply with an emergency suspension
order or reinstates access in violation of this section, the Stormwater
Enforcement Agent may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
[Ord. No. 30917, 6-23-2008]
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a property or responsible
for emergency response for a facility or operation has information
of any known or suspected release of materials which may result in
discharge of pollutants to the municipal drainage system or waters
of the Commonwealth of Massachusetts or United States, said person
shall take necessary steps to ensure the discovery, containment and
cleanup of the release. In the event of such a release of hazardous
materials, said person shall also immediately notify emergency response
officials of the occurrence by calling E911. In the event of a release
of nonhazardous materials, said person shall notify the Engineering
Department in person, by phone or by facsimile no later than 4:30
p.m. of the next business day.
[Ord. No. 30917, 6-23-2008]
The Stormwater Enforcement Agent or appointed designee shall
enforce this article and any regulations promulgated hereunder and
may issue and prosecute violation notices and enforcement orders and
may pursue all civil and criminal remedies for violations hereunder.
A.
Civil relief. The Stormwater Enforcement Agent may seek injunctive
relief in a court of competent jurisdiction to restrain a person from
continued violations of the provisions of this article and the regulations
promulgated hereunder or of any notices, order or written approvals
or to compel said person to abate or remediate the violation(s).
B.
Orders.
(1)
The Stormwater Enforcement Agent or an authorized agent of the Stormwater
Enforcement Agent may issue a written order to enforce the provisions
of this article or the regulations thereunder, which may include:
(2)
If the Stormwater Enforcement Agent determines that abatement or
remediation of contamination is required, the order shall set forth
a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the City may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(3)
Within 30 days after completion by the City of 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 Stormwater Enforcement Agent 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 Stormwater Enforcement Agent 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.
C.
Criminal penalty. Any person who violates any provision of this article,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $200. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. In addition to the other means of enforcement otherwise available for violations of this article, violations may be penalized, as provided by MGL c. 40, § 21D, pursuant to the noncriminal disposition provisions of Section 1-13(b) of the General Ordinances.
E.
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 Stormwater Enforcement Agent, its agents, officers,
and employees may enter upon privately owned property for the purpose
of performing their duties under this article and associated regulations
and may make or cause to be made such examinations, surveys or sampling
as the Stormwater Enforcement Agent deems reasonably necessary.
F.
Appeals. The decisions or orders of the Stormwater Enforcement Agent
shall be final. Further relief shall be to a court of competent jurisdiction.
G.
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.
[Ord. No. 30917, 6-23-2008]
The provisions of this article are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
[Ord. No. 30917, 6-23-2008]
Residential property owners shall have 90 days from the effective
date of this article to comply with its provisions, provided that
good cause is shown for the failure to comply during that period.
