Nashua is a regulated Small MS4 community under EPA's 2017 New Hampshire NPDES Phase II Small MS4 General Permit (NPDES Permit Tracking No. NHR041025; permit became effective July 1, 2018). The city's Stormwater Management Program is codified in Chapter 190 (Land Use), Part 4, Article XXXI (Stormwater Management) of the Nashua Revised Ordinances on eCode360. Engineering review and the NHPDES MS4 program are administered by the Division of Public Works. Discharges drain to the Nashua River, the Merrimack River, Salmon Brook, and Pennichuck Brook (the city's drinking-water source watershed, served by Pennichuck Water Works).
Chapter 190 Article XXXI applies to any subdivision plan or site plan in Nashua and requires a stormwater management and erosion control plan reviewed by the Planning Board. The water-quality treatment standard distinguishes between discharges to the Water Supply Protection District (the Pennichuck Brook watershed, which supplies Nashua's drinking water through Pennichuck Water Works) and all other discharges. For discharges to the Conservation Zone within the Water Supply Protection District, the runoff volume to be treated for water quality is calculated as 1.0 inch of runoff multiplied by the total impervious area; for all other discharges the water-quality volume is 0.5 inch of runoff multiplied by the total impervious area. For new developments, stormwater management systems must be designed to remove 80 percent of the average annual load of total suspended solids (TSS), floatables, greases, and oils after the site is developed. Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent possible, with the goal to reduce impervious area by a minimum of 20 percent or meet the open-space requirement in the underlying zoning district. The Planning Board may waive all or part of the stormwater plan requirement if it determines a plan is unnecessary because of the size, character, or natural conditions of a site. Nashua's MS4 permit obligates the city to implement six minimum control measures including public education, illicit discharge detection and elimination, construction-site runoff control, and post-construction stormwater management, and the city files annual reports with EPA Region 1 and NHDES. Large land disturbance projects (more than 100,000 contiguous square feet, or more than 50,000 square feet within a protected shoreland) require a separate Alteration of Terrain (AoT) permit from NHDES under RSA 485-A:17 and Env-Wq 1500.
Violations of Article XXXI are enforceable under Chapter 190 of the Nashua Revised Ordinances by stop-work order, denial or revocation of permits, withholding of Certificate of Occupancy, and civil penalty. NHDES may independently enforce violations of the federal Clean Water Act and RSA 485-A through administrative orders and civil penalties under RSA 485-A:22. Knowing discharges of pollutants to waters of the United States without authorization can be prosecuted under the federal Clean Water Act with civil penalties up to $59,973 per day per violation (40 CFR 19, EPA inflation-adjusted). Operating a regulated construction site (one acre or more of disturbance) without coverage under EPA's Construction General Permit (CGP) is independently enforceable by EPA Region 1 and NHDES.
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Nashua, NH
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Nashua, NH
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Nashua, NH
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Nashua, NH
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Nashua, NH
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Nashua, NH
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