A.
Illicit discharges enter the system through either direct connections
(such as wastewater piping either mistakenly or deliberately connected
to the storm drains) or by indirect connections. Indirect connections
can include failing individual sewage disposal systems, cracked sanitary
pipes, spills collected by drain outlets or by dumping an illicit
discharge directly into the storm basin.
B.
Illicit discharges result in high levels of pollutants, including
heavy metals, toxins, oil and grease, solvents, nutrients, viruses
and bacteria being released directly into the receiving waters of
the state or the United States. The MS4 drainage system is not designed
to accept, process, or discharge such nonstormwater wastes. The pollutant
levels from these illegal discharges degrade the receiving water quality
and threaten aquatic, wildlife and human health.
A.
No person shall discharge or cause to be discharged into the municipal
storm drain system or watercourses any materials, including but not
limited to pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards,
other than stormwater. Any prohibited discharge or illicit discharge
shall be immediately removed and suspended.
B.
The following items are not considered as illicit discharges:
(1)
Water line flushing.
(2)
Uncontaminated groundwater infiltration.
(3)
Uncontaminated pumped groundwater.
(4)
Discharges from potable water sources, including landscape irrigation
and lawn or garden watering.
(5)
Washing of personal motor vehicles by residents.
(6)
Foundation and footing drains, including crawl space pumps.
(7)
Air-conditioning condensation (managed, minimal amounts).
(8)
Diverted/pumped stream flows, springs and riparian habitats and wetlands
and rising groundwater.
(9)
Dechlorinated swimming pool discharges.
(10)
Discharge from street sweeping.
(11)
Dye testing as long as the officials are made aware prior to
the test.
(12)
Nonstormwater discharge permitted under an NPDES permit, waiver
or waste discharge order administered under the authority of the U.S.
EPA, provided that the discharge is in full compliance with the requirements
of the permit, waiver or order and applicable laws and regulations.
(13)
Discharge for which advanced written approval is received from
the Department of Public Works and the Planning and Zoning Administrator.
C.
The following discharges are specifically prohibited, but are not
meant to be all-inclusive:
(1)
Connection of sanitary sewer to storm sewer (MS4).
(2)
Sanitary sewer overflows.
(3)
Any new or used motor oil, antifreeze, or other motor vehicle fluid.
(4)
Any industrial waste.
(5)
Any hazardous waste, including hazardous household waste.
(6)
Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste.
(7)
Any garbage, rubbish or yard waste, including leaf litter and grass
clippings.
(8)
Any wastewater from:
(a)
A commercial carwash facility;
(b)
Any vehicle washing, cleaning or maintenance at any new or used
automobile, or other dealership, rental agency, body shop, repair
shop, or maintenance facility; or
(c)
From any washing, cleaning, or maintenance business or commercial
or public service vehicle that operates more than two such vehicles;
Unless permitted by NHDES as a dust/salting rinsing facility.
(9)
Any wastewater from the washing, cleaning, deicing, or other maintenance
of an aircraft.
(10)
Any wastewater from a commercial mobile power washer or from
the washing or other cleaning of a building exterior that contains
harmful quantities of soap, detergent, degreaser, solvent, or any
other harmful cleaning substance.
(11)
Any wastewater from any floor, rug or carpet cleaning.
(12)
Any wastewater from the wash down or other cleaning of pavement
that contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance, or
any wastewater from the wash down or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel or other
petroleum or hazardous substances has occurred, unless all harmful
quantities of such released material have been previously removed.
(13)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler (including
fly ash, ash slag or similar.
(14)
Any ready-mixed concrete, mortar, ceramic or asphalt base material,
urban fill, or hydro-mulch material, or from the cleaning of commercial
vehicles or equipment containing, or used in transporting or applying,
such material.
(15)
Any runoff or wash-down water from any animal pen, kennel, or
fowl or livestock containment area.
(16)
Any water from a swimming pool, fountain or spa containing any
harmful quantity of chlorine, muriatic acid or other chemical used
in the treatment or disinfection of the swimming pool water or in
pool cleaning.
(17)
Any water from a water curtain in a spray room used for painting
vehicles or equipment.
(18)
Any containment runoff from an auto salvage or junkyard.
(19)
Any substance or material that will damage, block or clog the
MS4.
(20)
Any release from a petroleum storage tank or any leachate or
runoff from soil contaminated by a leaking storage tank, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such petroleum storage tank release, unless it complies with state
and federal standards and does not contain any harmful quantity of
any pollutant.
(21)
Any pet waste from a commercial enterprise or livestock waste.
D.
No person shall introduce or cause to be introduced into the MS4
any harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation or other construction
activities (or associated with landfilling or other placement or disposal
of soil, rock, or other earth materials), in excess of what could
be retained on site or captured by employing sediment and erosion
control measures to the maximum extent practicable (under the prevailing
circumstances).
E.
No person shall connect a line carrying domestic sanitary or industrial
sewage to the MS4; this includes grey-water discharges such as washing-machine
discharge, sink drains, etc., or allow such a connection to continue.
F.
No person shall cause or allow any pavement wash water from a service
station to be discharged into the MS4 unless such wash water has passed
through a properly functioning and maintained, grease, oil, and sand
interceptor before discharge into the MS4.
G.
No person shall use or cause to be used, or dispose of, discard,
store or transport any pesticide or herbicide contrary to any directions
for use on any labeling required by state or federal statute or regulation.
Any use of any pesticide, herbicide or fertilizer in a manner that
the person knows, or reasonably should know, is likely to cause, or
does cause, a harmful quantity of pesticide, herbicide or fertilizer
to enter the MS4 or the waters of the State of New Hampshire or the
United States shall be prohibited.
H.
No person shall allow trash, debris, or demolition debris to stand
on property or collect on property nor allow the storage of toxic
or hazardous substances on property so as to allow exposure to precipitation
and stormwater runoff, which can affect stormwater discharge to the
MS4 or groundwater.
I.
Any residential, commercial, or industrial property located within
150 feet of any pond, lake, stream, or river bank shall assure that
trash, debris, demolition debris, materials, containers, grass clippings,
leaf and yard waste, wood chips, material used for cover or any other
material does not litter this buffer area by any means natural (wind
or storm movement of material), by careless discard of such materials,
or by any other means that displaces those objects from the owner's
property boundary to anywhere within the one-hundred-fifty-foot buffer
zone area or within the water body itself.
A.
The construction, use, maintenance, or continued existence of illicit
connections to the storm drain system is prohibited.
B.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
C.
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
The Division of Public Works shall administer, implement and enforce
the provisions of the IDDE Ordinance and shall prepare the associated
regulations. Regulations can be more stringent but must be at least
as stringent as the MS4s. Any powers granted or duties imposed upon
the authorized enforcement agency may be delegated in writing by the
Director of Public Works to persons or entities acting in the beneficial
interest of or in the employ of the Town of Bedford.
B.
The standards set forth herein are promulgated pursuant to this chapter,
and regulations are minimum standards; therefore, these regulations
do not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.
It shall be unlawful for any person or entity to violate any provision
or fail to comply with any of the requirements of the Stormwater Management
and Illicit Discharge Detection and Elimination (IDDE) Ordinance or
the stormwater and land disturbance management regulations. Any person
or entity who has violated or continues to violate these provisions
may be subject to the enforcement actions outlined in this section
or may be restrained by injunction or otherwise abated in the form
of the administrative enforcement process as described in this chapter.
The Town may seek the issuance of a warrant from the New Hampshire
9th Circuit District Division - Merrimack to ensure compliance with
this chapter, including abating the violation, and/or may petition
the Hillsborough County Superior Court for appropriate relief.
B.
When it is determined that a violation of this chapter or the regulations
has occurred, the Town may order compliance by written notice of violation.
Where elimination of an illicit discharge within 60 days of its identification
is not possible, the Town and violator may establish an expeditious
schedule for its elimination, including immediate and interim measures
and report dates of identification and schedules for removal in the
Town's annual reports.
C.
Such notice of violation may require, without limitation, the following
at the violator's expense:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The immediate elimination of illicit discharges and illegal connections;
(3)
The violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of affected property;
(5)
Payment of the costs to cover the Town's administrative and abatement
costs; and
(6)
The implementation of pollution prevention practices.
D.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then the Town or its agent may
take any and all measures necessary to abate the violation and/or
restore the property.
E.
Within 60 days after abatement of the violations, the owner of the
property will be notified of the Town's cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the assessment or to the amount of the assessment within
15 days of such notice to the Town Council. If the amount due is not
paid within 30 days after receipt of notice, or if appeal taken within
five days after decision on said appeal, the charges shall become
a special assessment against the property and shall constitute a lien
on the property.
F.
The Town may seek civil penalties for violations of this chapter.
Civil fines may be imposed not to exceed $10,000 per day for each
occurrence and may be imposed for every day that each violation continues.
G.
The remedies listed in this chapter are not exclusive of any other
remedies available under any applicable federal, state or local law,
and the Town of Bedford may seek cumulative remedies.
H.
The Town Council retains the authority to enter into a written consent
agreement with the violators to address timely abatement of the violations
of this chapter, for the purpose of eliminating violations of the
same and recovering fines, costs and fees without court action.
