[HISTORY: Adopted by the 5-13-2013 Annual Town Meeting, Art. 36. Amendments noted where applicable.]
The purpose of this bylaw is to protect the Town of Orleans's
water bodies and groundwater resources and to safeguard the public
health, safety, and welfare and the natural resources of the Town
by regulating illicit connections and discharges to the municipal
storm drainage system.
For the purposes of this bylaw, the following definitions shall
apply:
The Federal Water Pollution Control Act of 1972 (33 U.S.C.
§ 1251 et seq.) with subsequent amendments.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or commonwealth from any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of stormwater, except as exempted in § 148-7B of this bylaw. The term does not include a discharge regulated and in compliance with its own separate NPDES stormwater discharge permit or a surface water discharge permit.
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 Orleans.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Diffuse sources of pollutants that affect water quality and
are or may be contained in runoff that is discharged into waters of
the commonwealth.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
Any individual, partnership, association, firm, company,
trust, corporation, 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.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any element 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 considered
toxic to humans or the environment. Pollutants shall include, but
not be limited to:
Paints, varnishes, and solvents;
Automotive oil and other fluids;
Cleaning products and other hazardous and non-hazardous liquids;
Solid waste, refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Fats and oils and grease;
Yard waste, pesticides, herbicides, and fertilizers;
Poisons, hazardous materials and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
The system of conveyances designed or used for collecting
or conveying domestic and industrial wastewater, owned or operated
by the Town of Orleans.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under MGL c. 21C and 21E,
and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
A natural or man-made channel through which water flows,
or a stream of water, including, but not limited to, a river, brook
or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
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, by-product
or waste product.
This bylaw shall apply to all flows and dumping to the municipal
storm drainage system, waters of the commonwealth and adjoining land
areas that drain to waters of the commonwealth in the Town of Orleans.
This bylaw is adopted under authority granted by the Home Rule
amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental
Protection Agency found in the December 8, 1999, Federal Register.
The Department of Public Works and Natural Resources (Department)
shall administer, implement and enforce this bylaw. Any powers granted
to or duties imposed upon the Department may be delegated, in writing,
by the Department to employees or agents of the Department.
The Department may promulgate rules and regulations to effectuate
the purposes of this bylaw. Failure by the Department to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this bylaw.
A.
Prohibited activities.
1.
Illicit discharges. No person shall dump, discharge, cause, or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drainage system, into a watercourse, or into the waters
of the commonwealth.
2.
Illicit connections. No person shall construct, use, allow, maintain,
or continue any illicit connection to the municipal storm drainage
system, regardless of whether the connection was permissible under
applicable law, regulation, or custom at the time of connection.
3.
Obstruction of municipal storm drainage system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drainage system without prior written approval from
the Department or its agent.
B.
Exemptions.
1.
Discharge or flow resulting from firefighting activities;
2.
The following non-stormwater discharges or flows are exempt from
this bylaw, provided that the source is not a significant contributor
of a pollutant to the municipal storm drainage system:
a)
Waterline flushing;
b)
Flow from potable water sources;
c)
Springs;
d)
Natural flow from riparian habitats and wetlands;
e)
Diverted stream flow;
f)
Rising groundwater;
g)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
h)
Discharge from landscape irrigation or lawn watering;
i)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
j)
Water from individual residential car washing;
k)
Residential building wash waters without detergents;
l)
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine), provided test data is submitted to the Town substantiating
that the water meets the one ppm standard, and the pool is drained
in such a way as not to cause a nuisance or public safety issue and
complies with all applicable Town bylaws;
m)
Discharge from street sweeping;
n)
Dye testing, provided verbal notification is given to the Department
prior to the time of the test;
o)
Non-stormwater discharge permitted under an NPDES permit or a surface
water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the Department of Environmental Protection, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
p)
Discharge for which advance written approval is received from the
Department as necessary to protect public health, safety, welfare
or the environment.
3.
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government, or by the Orleans Town Administrator, Board of
Selectmen or Board of Health.
The Department may suspend municipal storm drainage 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 Department may take all reasonable
steps to prevent or minimize harm to the 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 of 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 and the Department. In the event of a release of non-hazardous
material, the reporting person shall notify the Department no later
than the next business day. The reporting person shall provide to
the Department 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 of the facility 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.
A.
Authorized agent. The Department or an authorized agent of the Department
shall enforce this bylaw, regulations, orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Department
may seek injunctive relief in a court of competent jurisdiction restraining
the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
C.
Orders.
The Department or an authorized agent of the Department may
issue a written order to enforce the provisions of this bylaw or the
regulations thereunder, which may include: (a) elimination of illicit
connections or discharges to the municipal storm drainage system;
(b) performance of monitoring, analyses, and reporting; (c) that unlawful
discharges, practices, or operations shall cease and desist; and (d)
remediation of contamination in connection therewith.
If the enforcing person determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
Town of Orleans may, at its option, undertake such work, and all costs
incurred by the Town shall be charged to the violator.
Within thirty (30) days after completing all measures necessary
to abate the violation or to perform remediation, the violator and
the property owner will be notified of the costs incurred by the Town,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Department within thirty (30) days of receipt of the notification
of the costs incurred. If the amount due is not received by the expiration
of the time in which to file a protest or within thirty (30) days
following a decision of the Department affirming or reducing the costs,
or from a final decision of a court of competent jurisdiction, the
costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57 after
the thirty-first day at which the costs first become due.
D.
Violations and penalties; enforcement. Any person who violates any
provision of this bylaw or regulations thereunder shall be punished
by a fine of two hundred dollars ($200.00) for the first offense and
three hundred dollars ($300.00) for each offense thereafter. Each
day or portion thereof during which a violation continues shall constitute
a separate offense and each provision of the bylaw or regulations
violated shall constitute a separate offense. This bylaw may be enforced
pursuant to the non-criminal disposition procedures set forth in MGL
c. 40, § 21D. The Department or an authorized agent of the
Department shall be the enforcing person.
E.
Entry to perform duties under this bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Department, its agents, officers, and employees
may enter upon privately owned property for the purpose of performing
their duties under this Bylaw and regulations and may make or cause
to be made such examinations, surveys or sampling as the Department
deems reasonably necessary.
F.
Appeals. The decisions or orders of the Department shall be final.
Further relief shall be to a court of competent jurisdiction.
G.
Remedies not exclusive. The remedies listed in this Bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
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 person, 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 the bylaw to comply with its provisions provided good cause
is shown for the failure to comply with the bylaw during that period.
