§ 16-110. Illicit stormwater.

(1)

Purpose. The purpose of this section is to regulate illicit connections and discharges to the storm drain system, which is necessary for the protection of Westfield's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

The objectives of this section are: To prevent pollutants from entering Westfield's municipal separate storm sewer system (MS4);

(a)

To prohibit illicit connections and unauthorized discharges to the MS4;

(b)

To require the removal of all such illicit connections;

(c)

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

(d)

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

(e)

To prevent contamination of drinking water supplies.

(2)

Authority. The board of public works shall administer, implement and enforce this section.

(3)

Applicability. This section shall apply to flows entering the stormwater and drainage system on public or private ways within the city.

(4)

Regulations. The board of public works may promulgate rules, regulations and a permitting process to effectuate the purposes of this section. Failure by the board of public works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this section.

(5)

Prohibited activities.

(a)

Illegal discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into storm drain systems, watercourse, or into the waters of the commonwealth.

(b)

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

(c)

Obstruction [of] storm drain systems. No person shall obstruct or interfere with the normal flow of stormwater into or out of storm drain systems without prior approval from the board of public works or its designated agent.

(d)

Exemptions. This section shall not apply to any of the following nonstormwater discharges or flows provided that the source is not a significant contributor of a pollutant to storm drain systems:

1.

Municipal waterline flushing;

2.

Discharges from landscape irrigation or lawn watering;

2.

Water from individual residential car washing and temporary fund-raising car wash events;

3.

Discharges from dechlorinated swimming pool water provided it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining (less than one parts per million chlorine), and the pool is drained in such a way as not to cause a nuisance;

4.

Discharges from street sweepers of minor amounts of water during operations;

5.

Discharges or flows resulting from fire fighting activities;

6.

Nonstormwater discharges 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.

(e)

Exemptions with permit from board of public works. This section shall not apply to any of the following nonstormwater discharges or flows provided that the source is not a significant contributor of a pollutant to storm drain systems, provided that a permit is approved by the board of public works:

1.

Flows from potable water sources;

2.

Springs;

3.

Natural flows from riparian habitats and wetlands;

4.

Diverted stream flows;

5.

Rising groundwater;

6.

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

7.

Uncontaminated groundwater discharge from a sump pump, with a permit from the board of public works, in accordance with subsection (4);

8.

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air conditioning condensation;

9.

Dye testing, provided verbal notification is given to the department of public works prior to the time of the test.

The board of public works may develop criteria for issuing permits under this section, based on the need to maintain capacity of the storm drain system and to protect public health, safety, welfare or the environment.

(6)

Suspension of storm drainage system access.

(a)

The department of public works may suspend storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened illegal discharge that presents or may present 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 authorized permitting agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

(b)

Any person discharging to a municipal storm drain system in violation of this division may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge. The department of public works will notify a violator of the proposed termination of storm drain system access. The violator may petition the board of public works for reconsideration and hearing. A person commits an offense if the person reinstates storm drain system access to premises terminated pursuant to this section, without prior approval from the board of public works.

(7)

Notification of spills. Notwithstanding any other requirements of local, state or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials at that facility operation which is resulting or may result in illegal discharge of pollutants that person shall take all necessary steps to ensure containment, and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the municipal fire and police departments, department of public works and board of health. In the event of a release of nonhazardous material, said person shall notify the authorized permitting agency no later than the next business day. Written confirmation of all telephone, facsimile or in person notifications shall be provided to the authorized permitting agency within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or 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.

(8)

Enforcement.

(a)

[Board of public works to enforce.] The board of public works or its authorized agent shall enforce this division, and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.

(b)

Civil relief. If anyone violates the provisions of this division, regulations, permit, notice, or order issued thereunder, the board of public works may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities which would create further violations or compelling the person to abate or remediate the violation.

(c)

Orders. The board of public works may issue a written order to enforce the provisions of this division or the regulations thereunder, which may include: (a) elimination of illicit connections or discharges to the storm drainage system; (b) termination of access to the storm drainage system; c) performance of monitoring, analyses, and reporting; (d) cessation of unlawful discharges, practices, or operations; and (e) remediation of contamination in connection therewith. If the board of public works determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. 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 or property owner.

Within 30 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, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the board of public works 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 board of public works 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 M.G.L.A. c. 59, § 57 after the 31st day at which the costs first become due.

(d)

Criminal and civil penalties. Any person who violates any provision of this division, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine not to exceed $300.00 for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the city in any court of competent jurisdiction.

(e)

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the city may elect to utilize the noncriminal disposition procedure set forth in M.G.L.A. c. 40, § 21D. The department of public works shall be the enforcing entity. The penalty for the first violation shall be up to $100.00. The penalty for the second violation shall be up to $200.00. The penalty for the third and subsequent violations shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

(f)

Entry to perform duties under this division. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the board of public works, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this division and regulations and may make or cause to be made such examinations, surveys or sampling as the board of public works deems reasonably necessary.

(g)

Appeals. The decisions or orders of the board of public works shall be final. Further relief shall be to a court of competent jurisdiction.

(h)

Remedies not exclusive. The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state or local law.

(9)

Severability. If any provision, paragraph, sentence, or clause, of this division shall be held invalid for any reason, all other provisions shall continue in full force and effect.

(10)

Transitional provisions. Residential property owners [shall] comply with this division on a schedule set forth in the board of public works compliance order, but such property owners shall in no case have more than six months from the effective date of the ordinance to comply with its provisions, unless good cause is shown for the failure to comply with the ordinance during that period.

(Ord. No. 1414, 2-15-06)