[HISTORY: Adopted by the Town Council of the Town of Merrimack 11-16-2023. Amendments
noted where applicable.]
The purpose is to prohibit illicit discharges that often contain
pathogens, nutrients, surfactants and various toxic pollutants by
setting up and enforcing an illicit discharge and detection elimination
program.
As used in this chapter, the following terms shall have the
meanings indicated:
The federal agency responsible for implementing the Federal
Water Pollution Control Act.
Detachment or movement of soil or rock fragments by water,
wind or ice.
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
For the purposes of EPA MS4 permit, an appointed official
who enforces and investigates all health complaints. Administrative
Code A198-12, RSA 128:1, RSA 128:5, RSA 147:1, RSA 147:3, RSA 147:4
and RSA 149-I.
An illicit, unauthorized or illegal connection that drains
into or is connected to the municipal separate storm sewer system
(MS4), shall mean either of the following:
Any pipe, drain, open channel or other conveyances that have
the potential to allow an illicit discharge to enter the MS4 system,
including, but not limited to any conveyances which allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system. This includes any connections to the
storm drain system from indoor drains and sinks regardless of whether
said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency.
Any pipe, drain, open channel or conveyance connected from a
residential, commercial or industrial land use, to the storm drain
system which has not been documented in plans, maps, or equivalent
records or approved by an authorized federal, state or local enforcement
agency.
Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system (MS4), except discharges pursuant to a
specific MS4 general permit.
Publicly owned and operated facilities by which stormwater
is collected including but not limited to roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains, piped storm drains, pumping facility retention
or detention basins, reservoir or other drainage structure that discharges
to the waters of the State of New Hampshire or the United States.
The water quality program, as part of the Clean Water Act,
implemented by the EPA to control the discharge of pollutants into
surface waters of the United States.
Reference guide prepared by the New Hampshire Department
of Environmental Services to manage stormwater, which, unless expressly
exempted by the Town, shall include any and all amendments adopted
subsequent to the enactment of these standards.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of New Hampshire
or of the United States.
A person with a legal or equitable interest in the property.
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 State
of New Hampshire or the United States.
Disturbed area plus any area with associated off-site improvements.
Entity responsible for submitting a SWMP such as the owner,
developer, applicant or owner's legally designated representative.
This requirement is to be transferred with the property and is to
remain with the title of the property in perpetuity.
Defines the water quality goals of a water body by designating
the use or uses of the water and by setting criteria necessary to
protect the uses. NH and EPA have adopted WQS Through the "303(d)"
list to protect public health and welfare, enhancing the quality of
water and serve the purposes of the Clean Water Act (CWA). See also
the NHDES - Alteration of Terrain Regulations (Chapter Env-Wq 1500
of the New Hampshire Code of Administration) for specific requirements.
The Town Council may adopt, and periodically amend, this IDDE Chapter 168 pursuant to Town Charter Article 5 by majority vote after conducting a public hearing to receive comments.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence or clause of this chapter 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 chapter.
A.
The Merrimack (Fire Chief) or designee, in accordance with the EPA
MS4 General Permit, Section 2.3.4, shall implement IDDE program, assessment,
and investigation procedures.
B.
The Health Official shall serve as the primary entity to investigate,
inspect and report to the appropriate state and/or federal authorities.
A.
Any person responsible for a facility, site activity or operation
who has knowledge of, been informed of or suspects a release of pollutants,
nonstormwater discharges or illicit connections which result or may
result in an illicit discharge or pollutant discharging into the Town
of Merrimack MS4, state waters or waters of the United States, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of such release so as to minimize the effects of the discharge.
B.
If the substance poses or could pose an immediate health or safety
concern, the Town of Merrimack and the State of New Hampshire emergency
services shall be immediately notified.
C.
If the substance does not pose an immediate health or safety concern,
the Town of Merrimack Fire Chief, Health Officer, and Public Works
Director should be notified as soon as possible, however, no later
than 24 hours post-event.
D.
The construction, use, maintenance, or continued existence of illicit
connections to the storm drain system is prohibited. 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.
E.
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the municipal separate
storm sewer system (MS4), or allows such a connection to continue.
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 Illicit Discharge
Detection and Elimination (IDDE) Ordinance and may be subject to the
enforcement actions.
B.
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 RSA
147, RSA 149-I and RSA 153.
C.
This section may be enforced as set forth in RSA 149-I:6, and to
authorize penalties and remedies for enforcement of the provisions
of these standards. Any violation of these standards shall be subject
to enforcement by either the Fire Chief, Health Officer or the Planning
and Zoning Administrator or their designated agent.
