City of Springfield
The City of Springfield has enacted Storm Water Ordinances in order to protect maintain and enhance the public health safety and general welfare of the citizens of the City of Springfield by establishing minimum requirements and procedures to control adverse impacts associated with stormwater runoff from new development and redevelopment. The City of Springfield is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Springfield will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Springfield, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Springfield has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Excerpt from Stormwater Ordinance
The Department may promulgate rules and regulations to effectuate the purposes of this chapter. Failure by the Department to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.
334-6 Prohibited activities.
- Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (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 municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
- Obstruction of 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 written approval from the Department.
- Discharge or flow resulting from fire-fighting activities is exempt.
- 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 municipal storm drain system:
(1) Water line flushing;
(2) Flow from potable water sources;
(4) Natural flow from riparian habitats and wetlands;
(5) Diverted stream flow;
(6) Rising groundwater;
(7) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(8) Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation;
(9) Discharge from landscape irrigation or lawn watering;
(10) Water from individual residential car washing, or temporary fund-raising car wash events;
(11) Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided the water is allowed to stand for one week prior to draining or tested for chlorine levels with a pool test kit prior to draining, and the pool is drained in such a way as not to cause a nuisance;
(12) Discharge from street sweeping;
(13) Dye testing, provided verbal notification is given to the Department prior to the time of the test;
(14) Non-stormwater discharge permitted under an NPDES permit or a surface water discharge permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
(15) Discharge for which advanced written approval is received from the Department.
334-8 Suspension of storm drainage system access.
- The Department 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 the 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.
- Any person discharging to a municipal storm drain system in violation of this chapter may have their municipal storm drain system access terminated if such termination would abate or reduce an illicit discharge. The Department will notify a violator of the proposed termination of municipal storm drain system access. The violator may petition the Department for reconsideration and hearing. A person commits an offense if the person reinstates municipal storm drain system access to premises terminated pursuant to this section, without prior approval from the Department.
334-9 Notification of spills.
Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects a release of materials at that facility or operation, resulting in or which may result in discharge of pollutants to the municipal storm drainage system or waters of the commonwealth, the 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 the Board of Health. In the event of a release of nonhazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the authorized enforcement agency written confirmation of all telephone, facsimile or in-person notifications 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.
- The Department or an authorized agent of the Department shall enforce this chapter, and any regulations, orders, violation notices, and enforcement orders issued thereunder, and may pursue all civil and criminal remedies for such violations.
- Civil relief. If a person violates the provisions of this chapter, or any regulation, permit, notice, or order issued thereunder, the Department may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities that would create further violations or to compel the person to abate or remediate the violation.
- Orders. The Department or an authorized agent of the Department may issue a written order to enforce the provisions of this chapter or the regulations thereunder, which may include:
(1) Elimination of illicit connections or discharges to the MS4;
(2) Termination of access to the MS4;
(3) Performance of monitoring, analyses, and reporting;
(4) That unlawful discharges, practices, or operations shall cease and desist; and
(5) Remediation of contamination in connection therewith.
- If the enforcing person determines that abatement or remediation of contamination is required, 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 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 Department 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 Department 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 MGL c. 59, § 57 after the 31st day at which the costs first become due.
- Criminal penalty. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder, shall be punished by a fine of not more than $[_____]. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
- Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D. The Director of the Department, or the Director's designee, shall be the enforcing person. The penalty for the first violation shall be $[_____]. The penalty for the second violation shall be $[_____]. The penalty for the third and subsequent violations shall be $[_____]. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
- 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 Department, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and regulations and may make or cause to be made such examinations, surveys or sampling as the Department deems reasonably necessary.
- Appeals. The decisions or orders of the Department shall be final. Further relief shall be to a court of competent jurisdiction.
- 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.
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.
334-12 Transitional provisions.
Residential property owners shall have 60 days from the effective date of this chapter to comply with its provisions, provided good cause is shown for the failure to comply with the chapter during that period.
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Springfield Stormwater Ordinance