The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of Westminster through the regulation of nonstormwater
discharges to the storm drainage system to the maximum extent practicable,
as required by federal and state law. This bylaw establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this chapter
are:
A. To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any user;
B. To prohibit illicit connections and discharges to the
municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this chapter.
For the purposes of this chapter the following shall mean:
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. Currently these
include construction projects resulting in land disturbance of five acres
or more. Beginning in March 2003, NPDES Storm Water Phase II permits will
be required for construction projects resulting in land disturbance of one
acre or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in §
123-7 of this bylaw.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following: Any
drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including but not limited
to any conveyances which allow any nonstormwater discharge including sewage,
process wastewater, and washwater to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency or, any drain or conveyance
connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved
by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section 122.26(b)(14).
PERSON
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and
other automotive fluids; nonhazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
bylaws, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices and activities
to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This bylaw shall apply to all flows entering the municipally owned storm
drain system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
This bylaw is adopted under the authority granted by the Home Rule Amendment
of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant
to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
The Public Works Commission (PWC) shall administer, implement, and enforce
the provisions of this bylaw. Any powers granted or duties imposed upon the
PWC may be delegated in writing by the PWC to employees or agents of the PWC.
The PWC may adopt rules and regulations to effectuate the purposes of this
bylaw, however, failure to adopt such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
The PWC 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 public health, safety, welfare or the environment.
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 or suspects
a release of materials at that facility or operation resulting in or which
may result in discharge of pollutants to the municipal 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. In the event of a release of nonhazardous material,
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 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 provisions of this bylaw are hereby declared to be severable. If
any provision, clause, sentence, or paragraph of this Bylaw 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
bylaw.