Town of Randolph, MA Discharges to Municipal Separate Storm Drainage System (MS4)

§ 195-8 Applicability.

Article II of this ordinance shall apply to all water and other material entering the Town of Randolph MS4, whether that water and other material is generated on any developed or undeveloped lands or otherwise, except as explicitly exempted in this ordinance or where the Stormwater Authority has issued a waiver in accordance with Article I, § 195-5.

§ 195-9 Prohibited activities; exemptions.

Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or non-stormwater discharge into the MS4, onto an impervious surface directly connected to the MS4, into a watercourse, or into the waters of the Commonwealth.

Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the MS4, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

Obstruction of MS4. No person shall obstruct or interfere with the normal flow of stormwater into or out of the MS4 without prior consent from the Stormwater Authority.

Exemptions. The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters provided that the source is not a significant contributor of a pollutant to the MS4:

(1)

Discharge or flow resulting from firefighting activities;

(2)

Waterline flushing;

(3)

Flow from potable water sources, with the exception of landscape irrigation and lawn watering;

(4)

Springs;

(5)

Natural flow from riparian habitats and wetlands;

(6)

Diverted stream flow;

(7)

Rising groundwater;

(8)

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater (e.g. sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit from the Stormwater Authority prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Stormwater Authority;

(9)

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

(10)

Discharge from dechlorinated swimming pool water (less than one 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;

(11)

Discharge from street sweeping;

(12)

Dye testing, provided that verbal notification is given to the Stormwater Authority prior to the time of the test;

(13)

Non-stormwater discharge permitted under a National Pollutant Discharge Elimination System (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

(14)

Discharge for which advanced written approval is received from the Stormwater Authority as necessary to protect public health, safety, welfare or the environment.

§ 195-10 Additional prohibited pollutants.

Pet waste: Because pet feces are a major component of stormwater pollution, it shall be the duty of each person who owns, possesses, or controls a pet to remove and properly dispose of any feces left by the pet on any public or private property neither owned nor occupied by said person, or on any private property where untreated stormwater flows to the MS4. It is prohibited to dispose of pet feces in any public or private storm drain, catch basin, wetland or water body or on any paved or impervious surface. However this provision shall not be applicable to a person using a registered service animal. For specific requirements and penalties for violations see General Ordinance Chapter 79, § 79-4M.

Pavement sealers: Coal-tar-based driveway and pavement sealers have been identified as a primary source of poly-aromatic hydrocarbons affecting water quality in developed areas. Poly-aromatic hydrocarbons are classified by the United States Environmental Protection Agency as a probable human carcinogen and are highly toxic to aquatic life. The application of coal-tar-based driveway and pavement sealers is prohibited for all paved areas directly and indirectly connected to the MS4. Asphalt-based driveway and pavement sealers contain low concentrations of poly-aromatic hydrocarbons and are thus permitted.

§ 195-11 Emergency suspension of storm drainage system access.

The Stormwater Authority may suspend MS4 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. In the event any person fails to comply with an emergency suspension order, the Stormwater Authority may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

§ 195-12 Notification of spills.

Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of or suspects a release of materials at that property, facility or operation resulting in or which may result in: 1) discharge of pollutants to the MS4 or waters of the commonwealth; or 2) discharge of any prohibited material into the MS4, the person shall take all necessary steps to ensure containment and cleanup of the release and, if a discharge had taken place into the MS4 or the waters of the commonwealth, shall notify the Stormwater Authority no later than the next business day.

In the event that such a person has information of or suspects a release of oil or hazardous materials resulting in or which may result in discharge of those materials to the MS4 or waters of the commonwealth, in addition to all other legally required notice, the person shall immediately notify the Randolph Fire and Police Departments.

In the event of any release or suspected release as described in either of the two preceding paragraphs, the person responsible for the property, facility or operation shall provide to the Stormwater Authority written confirmation of having made all required notifications (including any electronic, telephonic or in-person notifications) within three business days after the release or suspected release. If the discharge of pollutants is from a commercial or industrial facility, the facility owner or the 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.