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§ 190-215 § 190-215

to the MS4. If these discharges are identified as significant
contributors to the MS4, they must be addressed in the illicit
discharge detection and elimination minimum contro] measure
described. [Added 6-26-2018 by Ord. No. O-18-015]

(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising groundwaters;

(5) Uncontaminated groundwater infiltration [as defined at 40
CFR 35.2005(20)];

(6) Uncontaminated pumped groundwater;

(7) Discharge from potable water sources;

(8) Foundation drains;

(9) Air-conditioning condensation;

(10) Irrigation water, springs;

(11) Water from crawl space pumps;

(12) Foot drains;

(13) Lawn watering;

(14) Individual resident car washing;

(15) Flows from riparian habitats and wetlands;
(16) Dechlorinated swimming pool discharges;
(17) Street wash water;

(18) Residential building wash waters, without detergents; and

(19) Discharges or flows from firefighting activities that occur
during emergency situations. The permittee is not expected
to evaluate firefighting discharges with regard to pollutant
contributions. Therefore, these discharges are authorized as
allowable nonstormwater discharges, unless identified by
EPA as significant sources of pollutants to waters of the
United States.

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§ 190-215 § 190-217

K. Litter, debris, yard waste, and all other nonstormwater
discharges except for those listed in Subsection J above are
prohibited. [Added 6-26-2018 by Ord. No. O-18-015]

§ 190-216. Easements.

Where a subdivision is traversed by or requires the construction of a
watercourse or a drainage way, an easement of adequate width shall
be provided for such purpose.

§ 190-217. Operation and maintenance plans.

A. Applicability. All stormwater management systems shall have an
operation and maintenance plan (O&M plan) to ensure that
systems function as designed. This plan shall be reviewed and
approved as a part of the site plan or subdivision plan. If the
system is not dedicated to the City pursuant to a perpetual offer
of dedication, the Planning Board may require an applicant to
establish a homeowners' association for residential projects or
private entity to maintain the stormwater management system.
[Amended 6-26-2018 by Ord. No. O-18-015]

B. Minimum requirements. The operation and maintenance plan
shall, at a minimum, identify:

(1) Stormwater management system(s) owner(s);

(2) The party or parties responsible for operation and
maintenance;

(3) A schedule for inspection and maintenance;

(4) The routine and nonroutine maintenance tasks to be
undertaken; and

(5) A certification signed by the owner(s) attesting to their
commitment to comply with the O&M plan.

C. Establishment of O&M plan. The stormwater management system
owner is generally considered to be the landowner of the
property, unless other legally binding agreements are
established. Execution of the operation and maintenance plan
shall be considered a condition of approval of any subdivision
plan or site plan.

D. Recording.

(1) The owner shall provide covenants for filing with the registry
of deeds, in a form satisfactory to the Planning Department,

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§ 190-217 § 190-217

which provide that the obligations of the maintenance plan
Tun with the land. [Amended 6-26-2018 by Ord. No.
O-18-015]

(2) The owner shall file with the registry of deeds such legal
instruments as are necessary to allow the City or its designee
to inspect or maintain the stormwater management systems
for compliance with the O&M plan.

Modifications. The owner shall keep the O&M plan current,
including making modifications to the O&M plan as necessary to
ensure that best management practices (BMPs) continue to
operate as designed and approved. Proposed modifications of
O&M plans shall be submitted to the Planning Department for
review and approval. Also, the owner must notify the Planning
Department within 30 days of a change in owner or party
responsible for implementing the plan. Proposed changes in
inspection frequency, maintenance schedule, or maintenance
activity shall also be submitted, along with appropriate
documentation, for review and approval. As part of the Planning
Board review, the Division of Public Works may, in its discretion,
approve a reduction in the frequency of inspection or
maintenance or a change in maintenance activity, provided that
the owner has demonstrated that such changes will not
compromise the long-term function of the stormwater system.
The Division of Public Works shall notify the owner of acceptance
of the plan modification, or request additional information, within
60 days. No response from the Division of Public Works at the end
of the 60 days shall constitute acceptance of the plan
modification. The currently approved plan shall remain in effect
until notification of approval has been issued, or the sixty-day
period has lapsed. The owner shall provide covenants for filing
with the registry of deeds, in a form satisfactory to the Planning
Department, any changes and/or modifications to the plan.
[Amended 6-26-2018 by Ord. No. O-18-015]

Recordkeeping.

(1) The owner shall retain records (such as maintenance logs and
contractor receipts) demonstrating compliance with the
scheduled maintenance activities for a period of not less than
three years. The City may request copies of such records, or
may request inspection of such records on the property.
Failure to produce such records or copies of such records
within 14 days of such a request shall constitute a condition

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§ 190-217 § 190-218

of noncompliance with site plan approval, subject to
enforcement as outlined under § 190-157.

(2) The owner shall ensure that an annual report is provided to
the Planning Department on or before the first day of January
of each year. Such reports shall, at a minimum, include:
[Amended 6-26-2018 by Ord, No. O-18-015]

(a) The location of the property;
(b) The name, address, and phone number of the owner;

(c) The name, address, and phone number of the party
responsible for maintenance if other than the owner;

(d) A brief description of the site uses and stormwater
management system;

(e) A summary of inspections completed and the results of
such inspections; and

(f) A summary of any maintenance activities or corrective
actions undertaken.

(3) Annual reports shall be signed by the owner or other legally
responsible party, and shall attest to the accuracy of
information provided in the report. Failure to submit annual
reports shall constitute a condition of noncompliance with
site plan approval subject to enforcement as outlined under
§ 190-157.

§ 190-218. Plan review and approval.

The Planning Board shall indicate approval of the stormwater
management and erosion control plan, as filed, if it complies with the
requirements and objectives of this article. Such approval shall be a
component of subdivision or site plan approval. If disapproved, a list
of plan deficiencies and the procedure for filing a revised plan will be
given to the applicant.

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Appendix B

list of mpaied Waters
Storm System Mapping

Nashua has completed all mapping associated with Phase I and the majority of the mapping associated
with Phase II. The information is readily available via the following website:

https://www.nashuanh.gov/155/GIS-Maps

Some remaining assets have yet to be mapped. This includes open channels, municipally owned
treatment structures, and final catchment delineations. A fly-over was completed on April 29, 2019.
Information provided by the fly-over will be used to create GIS layers showing treatment structures and
open channels. The fly-over data will also assist in the refined catchment delineations. The municipally-
owned treatment BMPs were inspected and field verified in 2020.

Hic it Discharge Detection and Himination Plan 82

LIST OF IMPAIRED WATERS

Nashua, New Hampshire

33

Impairment(s) and Associated
Water Body Name Segment ID Category Approved TMDL
Nashua River — Mine Falls |» NHIMP700040402-02 Dissolved oxygen saturation | Northeast

Dam Pond

(5-P), pH (5-M), Non-native
aquatic plants (4C-M),
Mercury (4A-M),
Cyanobacteria hepatotoxic
microcystins (5-M)

Regional Mercury
TMDL

Nashua River — Nashua
Canal Dike

NHIMP700040402-03

Chloride’ (5-M), pH (5-M),
Non-native aquatic plants
(4C-M), Mercury (4A-M)},
Chlorophyll-a (5-P)

Northeast
Regional Mercury
TMDL

Nashua River

NHIMP700040402-04

Non-native aquatic plants
(4C-P), Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Nashua River - Jackson
Plant Dam Pond

NHIMP700040402-05

E. Coli (4A-M), Non-native
aquatic plans (4C-P),
Mercury (4A-M)

New Hampshire
Statewide
Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Pennichuck Brook - Harris
Pond Dam

NHIMP700061001-05

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Holt Pond

NHLAK70006 1001-06

Dissolved oxygen saturation
(S-M), Oxygen, Dissolved (5-

P), pH (5-M), Mercury (4A-
M)

Northeast
Regional Mercury
TMDL

Old Maids Brook -
McLaughlin Dam

NHIMP700061201-02

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Salmon Brook

NHIMP700061201-03

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Salmon Brook

NHIMP700061201-04

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Spit Brook NHIMP700061206-08 | Mercury (4A-M) Northeast
Regional Mercury
TMDL

Harris Pond NHLAK700061001-04- | Iron (5-M), Mercury (4A-M), | Northeast

01

Cyanobacteria hepatotoxic
microcystins (5-M)

Regional Mercury
TMDL

Bowers Pond

NHLAK700061001-04-

Mercury (4A-M)

Northeast

* Note: Comments have been submitted on the 2020 draft 303(d) list detailing that the data does not support assessment
of a chloride impairment for this receiving waterbody, as a result, the City of Nashua will implement the requirements as
applicable based on the final decision by NHDES on use support.

Hic it Discharge Detection and Himination Plan 33

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03

Regional Mercury
TMDL

Lovewell Pond

NHLAK700061201-01

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Lyle Reed Brook

NHRIV700040402-04

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Unnamed Brook to
Nashua River

NHRIV700040402-07

Mercury (4A-M)

Northeast

Regional Mercury
TMDL

Nashua River

NHRIV700040402-08

E. Coli (4A-P), Non-native
aquatic plants (4C-P),
Mercury (4A-M)

New Hampshire
Statewide
Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Nashua River

NHRIV700040402-09

E. Coli (4A-P), Non-native
aquatic plants (4C-P),
Mercury (4A-M)

New Hampshire
Statewide
Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Unnamed Brook

NHRIV700040402-14

Mercury (4A-M)

Northeast

Regional Mercury
TMDL

Boire Field Brook to
Pennichuck Brook

NHRIV700061001-09

Oxygen, Dissolved (5-P), pH
(5-M), Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Merrimack River

NHRIV700061002-14

E. Coli (4A-M), pH (5-M),
Creosote (5-M), Mercury
(4A-M)

New Hampshire
Statewide
Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Old Maids Brook

NHRIV700061201-03

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Salmon Brook - Cold
Brook

NHRIV700061201-04

Mercury (4A-M)

Northeast
Regional Mercury
TMDL

Salmon Brook - Hassells
Brook - Old Maids Brook -
Hale Brook

NHRIV700061201-05

E. Coli (4A-M), Mercury (4A-
M)

New Hampshire
Statewide
Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Salmon Brook

NHRIV700061201-06

Mercury (4A-M)

Northeast

Regional Mercury
TMDL

Salmon Brook

NHRIV700061201-07

E. Coli (4A-M), Mercury (4A-
M)

New Hampshire
Statewide
Bacteria TMDL,

Hic it Disc harge Detection and Eimination Plan

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Northeast
Regional Mercury
TMDL

Spit Brook NHRIV700061206-16 Mercury (4A-M) Northeast
Regional Mercury
TMDL

Merrimack River NHRIV700061206-24 Chlorophyll-a (5-M), E. Coli New Hampshire
(4A-M), Aluminum (5-M), Statewide

pH (5-M), Mercury (4A-M) Bacteria TMDL,
Northeast
Regional Mercury
TMDL

Unnamed Brook NHRIV700061206-28 Mercury (4A-M) Northeast
Regional Mercury
TMDL

Category 4A-M Waters — impaired by a parameter which is a pollutant and an EPA-approved TMDL has been
completed. However, the impairment is relatively slight or marginal.

Category 4A-P Waters — impaired by a parameter which is a pollutant and an EPA-approved TMDL has been
completed. However, the impairment is more severe and causes poor water quality conditions.

Category 4C-M Waters — there is a parameter which is not considered a pollutant but is causing impairment
per the CALM. The impairment is marginal as defined in DES sub-category 4A-M above.

Category 4C-P Waters — there is a parameter which is not considered a pollutant but is causing impairment
per the CALM. The impairment is more severe and causes poor water quality as defined in DES sub-category
4A-P above.

Category 5-M Waters — impaired by a parameter which is a pollutant that requires a TMDL. The impairment is
marginal as defined in DES sub-category 4A-M above.

Category 5-P Waters — impaired by a parameter which is a pollutant that requires a TMDL. The impairment is
more severe and causes poor water quality as defined in DES sub-category 4A-P above.

“Approved TMDLs” are those that have been approved by EPA as of the date of issuance of the 2016 MS4
Permit.

Hic it Discharge Detection and Himination Plan 35

Board of Aldermen — 9/12/17 Page 4
Resolution R-17-124 given its second reading

MOTION BY ALDERMAN COOKSON FOR FINAL PASSAGE OF R-17-124
MOTION CARRIED

Resolution R-17-124 declared duly adopted.
READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING

MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN
MEETINGS OF AUGUST 8, 2017, AND THE PUBLIC HEARING CONDUCTED BY THE BUDGET
REVIEW COMMITTEE ON AUGUST 28, 2017, BE ACCEPTED, PLACED ON FILE, AND THE
READINGS SUSPENDED

MOTION CARRIED

COMMUNICATIONS

MOTION BY CARON THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Patricia D. Piecuch, City Clerk
Re: Warrant to be Committed to Chief of Police for Unlicensed Dogs

MOTION BY ALDERMAN CARON TO ACCEPT, PLACE ON FILE AND, IN ACCORDANCE WITH
RSA 466:14, COMMIT THE WARRANT TO THE CHIEF OF POLICE, OR HIS DESIGNEE, FOR THE
ISSUANCE OF CIVIL FORFEITURES TO THOSE DOG OWNERS WHO HAVE NOT LICENSED THEIR
DOGS

MOTION CARRIED

From: Mayor Jim Donchess
Re: Report on Surplus and Overlay 2018

MOTION BY ALDERMAN DOWD TO ACCEPT, PLACE ON FILE AND REFER TO THE BUDGET
REVIEW COMMITTEE
MOTION CARRIED

From: Karl Gerhard, Deputy Fire Chief, Nashua Fire Rescue
Re: | Household Hazardous Waste Collection Program Support

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND REFER TO THE FINANCE
COMMITTEE
MOTION CARRIED

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
Alan Chong, Currier Museum, 150 Ash Street, Manchester, NH

Thank you very much. I’m very happy to be here. We looked with great interest at the Currier Museum at this
plan for a performing arts center in Nashua. A robust feasibility study, an impactful design, and we began to
test | think a possibility for us joining this program. We liked the idea of using culture and the arts to revitalize
communities to give extra stimulus to cities. It’s something that we’ve witnessed around the world. I’ve spent
just a year in New Hampshire. In fact, this is my one year anniversary in the job. I’ve seen how the Capital
Arts Center in Concord, how other initiatives have really stimulated urban growth, have built a tax base, have
really made cities more desirable not only as places to live but places to visit. They provide extra amenities,
extra attractions for urban life. It’s not just an impression.

TABLE 2-1:
LAND USES, LIKELY SOURCE LOCATIONS AND ACTIVITIES THAT CAN PRODUCE TRANSITORY OR INTERMITTENT ILLICIT
DISCHARGES
Land Use Likely Source Locations Condition or Activity that Produces Discharge
Residential @ Apartments @ Driveway cleaning
$ Multi-family # Dumping/spills (e.g., leaf litter and RV/boat holding tank
@ Single family detached effluent)
¢@ Equipment/vehicle wash-downs
@ Septic system maintenance
@ Swimming pool discharges
Commercial @ Campgrounds/RV parks @ Building maintenance (power washing)
@ Car dealers/rental car companies # Dumping/spills
@ Car washes @ Landscaping/grounds care
4 Commercial laundry/dry cleaning ¢@ Outdoor fluid storage
4 Gas stations/auto repair shops @ Parking lot maintenance (power washing)
# Marinas # Vehicle fueling
@ Nurseries and garden centers @ Vehicle maintenance/repair
# Oil change shops # Vehicle washing
@ Restaurants # Wash-down of greasy equipment and grease traps
@ Swimming pools
Industrial @ Auto recyclers ¢@ Industrial process water or rinse water
@ Beverages and brewing @ Loading and un-loading area wash-downs
@ Construction vehicle washouts # Outdoor material storage
@ Distribution centers
4 Food processing
4 Garbage truck washouts
@ Marinas, boat building and repair
4 Metal plating operations
@ Paper and wood products
@ Petroleum storage and refining
@ Printing
Municipal @ Airports @ Building maintenance (power washing)
@ Landfills @ Dumping/spills
# Maintenance depots # Landscaping/grounds care
4 Municipal fleet storage areas # Outdoor fluid storage
@ Ports @ Parking lot maintenance (power washing)
@ Public works yards # Road maintenance
4 Streets and highways # Emergency response
# Golf courses 4# Vehicle fueling
@ Schools @ Vehicle maintenance/repair
@ Vehicle washing
@ Aircraft deicing
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