For the purposes of this bylaw, the following
shall apply:
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants from any source into the municipal storm drain system
or into the waters of the United States or Commonwealth.
GROUNDWATER
All water beneath the surface of the ground.
HAZARDOUS MATERIAL OR WASTE
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Hazardous materials
include any synthetic or organic chemical, petroleum product, heavy
metals, radioactive or infectious waste, acid and alkali, pathogens
and any substance defined as "toxic" or "hazardous" under Massachusetts
General Laws Chapters 21C and 21E, and the regulations at 310 CMR
30.000 and 310 CMR 40.0000.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance that allows
an illegal discharge into the municipal storm drain system. Illicit
connections include conveyances that allow a non-stormwater discharge
to the municipal storm drain system, including but not limited to
sewage, processed wastewater or wash water and also any connections
from indoor drains, sinks, or toilets, regardless of whether said
connection was previously allowed, permitted, or approved prior to
the effective date of this bylaw.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge into the municipal storm drain system, not specifically exempted in §
62-6. The term excludes a discharge in compliance with an NPDES storm water or surface water discharge permit.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Townsend.
PERSON
Any individual, partnership, association, firm, company,
trust, corporation or other organization, and any agency, authority,
department or political subdivision of the commonwealth or the federal
government, to the extent permitted by law, and any officer, employee,
or agent of such person.
POLLUTANT
Any constituent part or property of sewage, agricultural,
industrial or commercial waste, runoff, leachate, heated effluent,
or other matter, whether originating at a point or nonpoint source,
that is or may be introduced into any sewage treatment works or waters
of the commonwealth. Pollutants include, but are not limited to:
A.
Preservatives, including paints, varnishes and
other chemical agents, cleaning agents, disinfectants and solvents;
B.
Oil and other automotive or other vehicular
fluids and any fuels irrespective of use;
C.
Nonhazardous liquids, solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal
coliform and other pathogens;
G.
Metals: dissolved, in suspension or in particulate
form;
I.
Rock, sand, salts, soils;
J.
Construction wastes and residues, including
but not limited to sediments, slurries, and concrete rinsates;
K.
Noxious or offensive matter of any kind.
STORMWATER
Storm (rain) runoff, snowmelt runoff, and surface water runoff
and drainage.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
WATERCOURSE
A natural or man-made channel through which water flows,
including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This bylaw shall apply to flows entering the
municipally owned storm drainage system and waters of the commonwealth.
The Highway Superintendent may promulgate rules,
regulations and a permitting process to effectuate the purposes of
this bylaw. Failure by the Highway Superintendent to promulgate such
rules and regulations shall neither suspend nor invalidate this bylaw.
The provisions of this bylaw are hereby declared
to be severable. If any provision, paragraph, sentence or clause of
this bylaw or the application thereof to any party, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this bylaw.
Residential property owners shall have 90 days
from the effective date of this bylaw to comply with its provisions.
An extension may be granted, provided good cause is shown for the
failure to comply with the bylaw during that period.
This bylaw shall take effect upon approval of
the Attorney General and upon compliance with the requirements of
MGL c. 40, § 32.