City of Haverhill

The City of Haverhill has enacted ordinances in order to comply with state and federal regulations and to manage stormwater in a responsible and sustainable manner. The City of Haverhill 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 Haverhill will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Haverhill, 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 Haverhill has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.

Haverhill Stormwater Management Plan

Stormwater Management Plan (SWMP) for the City of Haverhill was developed to meet requirements of the Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations. In 1987, the Environmental Protection Agency (EPA) amended the Clean Water Act to require a two-phased national program to address water pollution from stormwater. Phase I, promulgated in 1990, addressed stormwater discharges in approximately 900 of the nation’s largest cities.

Background

Phase II of the stormwater program was published in the Federal Register on December 8, 1999. The Phase II regulations require operators of municipal storm sewer systems (MS4s) located in urbanized areas with populations of fewer than 100,000 people to obtain a NPDES permit for their stormwater discharges. In Massachusetts, permits are issued jointly by EPA – Region I and the Massachusetts Department of Environmental Protection (DEP). Haverhill is an MS4s community

The central focus of the NPDES Phase II permit is the Stormwater Management Plan (SWMP). Each permittee designs its own SWMP with the goals of reducing the discharge of pollutants from the stormwater system to the maximum extent practicable and protecting water quality.

To meet the “maximum extent practicable” standard, the City must develop and implement Best Management Practices (BMPs) for the following six minimum control measures:

Public Education and Outreach
Public Participation/Involvement
Illicit Discharge Detection and Elimination
Construction Site Runoff Control
Post-construction Stormwater Management in New Development and Redevelopment
Pollution Prevention/Good Housekeeping for Municipal Operations

Prohibited Discharge Standards Ordinance

General prohibitions.

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

Specific prohibitions.

(a) No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C) using the test methods specified in 40 CFR 261.21;
Wastewater having a pH less than 6.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;
Any hazardous waste or waste that is regulated under Federal Resource Conservation and Recovery Act of 1976.
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than 4.0 inches or 1.2 centimeters in any dimension;
Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration, which, either singly or by interaction with other pollutants, will cause interference with the POTW;
Wastewater having a temperature greater than 104° F. (40° C.) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.);
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 208-34D of this chapter.
Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair;
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit:
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Superintendent;
Sludges, screenings or other residues from the pretreatment of industrial wastes;
Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit;
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW;
Fats, oils or greases of animal or vegetable origin in concentrations greater than 100 mg/l;
Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 10% or any single reading over 1% of the lower explosive limit of the meter.

(b) Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

National categorical pretreatment standards.

The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated.

Where a categorical pretreatment standard is expressed only in terms of the mass of a pollutant per unit of product in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6C.
When wastewater subject to a categorical pretreatment standard, is mixed prior to treatment with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined wastewater formula in 40 CFR 403.6C.
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

Dilution.

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

Compliance Monitoring

Right of entry; inspection and sampling.

The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
The Superintendent shall have the right to set up on the user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.
The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated daily to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
Unreasonable delays in allowing the Superintendent access to the users premises shall be a violation of this chapter.

Search warrants.

If the Superintendent has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from the District Court of the City.