§ 13.10.010. Discharges to the municipal drain system.

A.

Purpose.

1.

The purpose of this section is to eliminate non-stormwater discharges to the city of Revere's municipal storm drain system (storm drain). Non-stormwater discharges contain contaminants and supply additional flows to the city of Revere's storm drain system. Non-stormwater discharges are major causes of:

a.

Impairment of water quality and flow in oceans, lakes, ponds, streams, rivers, wetlands, and groundwater;

b.

Contamination of drinking water supplies;

c.

Alteration or destruction of aquatic and wildlife habitat; and

d.

Flooding.

2.

Regulation of illicit connections and discharges to the storm drain system is necessary for the protection of the city of Revere's natural resources, municipal facilities, general health, safety, welfare, and the environment.

3.

The objectives of this section are:

a.

To prevent pollutants from entering the storm drain;

b.

To prohibit illicit connections and unauthorized discharges to the storm drain;

c.

To remove all such illicit connections;

d.

To comply with state and federal statutes and regulations relating to stormwater discharges; and

e.

To establish the legal authority to ensure compliance with the provisions of this section through inspection, monitoring, and enforcement.

B.

Definitions. For purposes of this section:

1.

"Authorized enforcement agency" means the department of public works (hereafter DPW) and the department of municipal inspections and their employees or agents designated to enforce this chapter.

2.

"Best management practice (BMP)" means an activity, procedure, restraint, or structural improvement that helps reduce the quantity or improve the quality of stormwater runoff.

3.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and as it is amended from time to time.

4.

"Discharge of pollutants" means the addition from any source of any pollutant or combination of pollutants into the storm drain or into waters of the United States or commonwealth from any source.

5.

"Groundwater" means water beneath the surface of the ground, except where the water under the ground is the result of a perched water table.

6.

"Illicit connection" means a surface or subsurface drain or conveyance, which allows an illicit discharge into the storm drain, 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 the ordinance codified in this chapter.

7.

"Illicit discharge" means direct or indirect discharge to the storm drain that is not composed entirely of stormwater. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted.

8.

"Impervious surface" means any material or structure on or above the ground that prevents water from infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.

9.

"Municipal storm drain system (storm drain)" or "municipal separate storm sewer system (MS4)" means 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, ditch, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the city of Revere.

10.

"National pollutant discharge elimination system (NPDES) stormwater discharge permit" means a permit issued by the United States Environmental Protection Agency or jointly with the state of Massachusetts that authorizes the discharge of pollutants to waters of the United States or commonwealth.

11.

"Non-stormwater discharge" means discharge to the storm drain not comprised entirely of stormwater.

12.

"Person" means an individual, partnership, association, firm, company, trust, corporation, 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.

13.

"Pollutant" means any element or property of sewage, residential, 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 storm drain system, waters of the United States, and/or commonwealth. Pollutants shall include without limitation:

a.

Paints, varnishes, solvents;

b.

Oil, grease, antifreeze, other automotive fluids and/or products;

c.

Nonhazardous liquid and solid wastes;

d.

Refuse, garbage, litter, rubbish, yard wastes, or other discarded or abandoned objects, ordnances, accumulations and floatables;

e.

Pesticides, herbicides, and fertilizers;

f.

Hazardous materials and wastes;

g.

Sewage;

h.

Dissolved and particulate metals;

i.

Metal objects or materials;

j.

Animal wastes;

k.

Rock, sand, salt, soils, or other products/materials that mobilize in surface water runoff; and

l.

Construction wastes and/or residues.

14.

"Process wastewater" means 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.

15.

"Recharge" means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

16.

"Stormwater" means runoff from precipitation or snowmelt.

17.

"Toxic or hazardous material or waste" means 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 material includes without limitation:

a.

Any synthetic organic chemical;

b.

Petroleum products;

c.

Heavy metals;

d.

Radioactive or infectious waste;

e.

Acid and alkali substances;

f.

Any substance defined as toxic or hazardous under G.L. Ch. 21C and Ch. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000; and

g.

Any substance listed as hazardous under 40 CFR 261.

18.

"Watercourse" means a natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

19.

"Waters of the commonwealth" means all waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

20.

"Wastewater" means 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.

C.

Applicability. This section shall apply to flows entering the municipally owned and/or operated storm drainage system.

D.

Authority. Chapter 13.10 is adopted under the authority granted by the home rule amendment of the Massachusetts Constitution, the home rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34.

E.

Responsibility for Administration. The DPW and director of municipal inspections shall administer, implement and enforce Chapter 13.10. Any powers granted to or duties imposed upon the DPW to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.

F.

Regulations. The DPW may promulgate rules and regulations to effectuate the purpose of this chapter. Failure by the DPW to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.

G.

Prohibited Activities.

1.

Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the storm drain system, into a watercourse, or into waters of the United States and/or commonwealth.

2.

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.

3.

Obstruction of the 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 DPW.

4.

Exemptions.

a.

Discharge or flow resulting from firefighting activities and DPW ice and snow control operations;

b.

The following non-stormwater discharges or flows are considered exempt provided that the source is not a significant contributor of pollution to the municipal storm drain system:

i.

Waterline flushing,

ii.

Flow from potable water sources,

iii.

Springs,

iv.

Natural flow from riparian habitats and wetlands,

v.

Diverted stream flow,

vi.

Rising groundwater,

vii.

Uncontaminated groundwater infiltrating as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater,

viii.

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

ix.

Discharge from landscape irrigation or lawn watering,

x.

Water from individual residential car washing,

xi.

Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided 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,

xii.

Discharge from street sweeping,

xiii.

Dye testing, provided verbal notification is given to the DPW prior to the time of the test,

xiv.

Non-stormwater discharge 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

xv.

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

H.

Emergency Suspension of Storm Drainage System Access. The DPW 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 discharge of pollutants that presents imminent risk of harm to 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.

I.

Notification of Spills. Any spills or releases that require notification under local, state or federal law will be the responsibility of the person responsible for a facility or operation, or for an emergency response for a facility or operation (i.e., construction). In the event of a spill or release which may result in a discharge of pollutants or non-stormwater discharge to the municipal storm drain system, waters of the United States, and/or waters of the commonwealth, the responsible parties, potentially responsible parties, or any person or persons managing a site or facility shall take all necessary steps to ensure containment, and remediate any municipal storm drains that have been impacted. However, if in the opinion of the DPW, there is an excessive amount of pollutants in the stormdrain system, the DPW can require remediation by the responsible party regardless of other state or federal regulations. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall take all necessary steps to ensure containment, cleanup of the release, 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.

J.

Enforcement.

1.

The DPW, the department of municipal inspections or an authorized agent of the city shall enforce this chapter, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

a.

Civil Relief. If a person violates the provisions of this by-law, regulations, permit, notice, or order issued thereunder, the DPW or the department of municipal inspections may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

b.

Orders. The DPW, the department of municipal inspections or an authorized agent of the city may issue a written order to enforce the provisions of this chapter or the regulations thereunder, which may include:

i.

Elimination of illicit connections or discharges to the MS4;

ii.

Performance of monitoring, analyses, and reporting;

iii.

That unlawful discharges, practices, or operations shall cease and desist; and

iv.

Remediation of contamination in connection.

2.

If the enforcing person determines that abatement or remediation of contaminations is required and is the responsibility of the property owner, 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 of Revere may, at its option, undertake such work, and expenses times three thereof shall be charged to the violator.

3.

Within thirty 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 of Revere, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the DPW within thirty 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 thirty days following a decision of the DPW 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 owners property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, Section 57 after the thirty-first day at which the costs first become due.

a.

Penalty. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder, shall be subject to the penalties set forth in Chapters 1.12 and 1.16 of the revised ordinances of the city of Revere.

b.

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 DPW, the department of municipal inspections, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and may make or cause to be made such examinations, surveys or sampling as deemed reasonably necessary.

c.

Appeals. The decision or orders of the city shall be final. Further relief shall be to a court of competent jurisdiction.

d.

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.

K.

Severability. The provisions of this chapter are 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.

(C.O.04-753 § A (part))