[HISTORY: Adopted by the Special Town Meeting of the Town
of Marshfield 4-23-2007 by Art. 4 (Art. 83 of the General Bylaws). Amendments noted
where applicable.]
Increased stormwater runoff and contaminated stormwater runoff
are the two major causes of impairment of lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment. The objectives of this bylaw are:
A.
To help prevent pollutants from entering the Town's municipal storm
drain system;
B.
To prohibit illicit connections and unauthorized discharges to the
Town's municipal storm drain system, a requirement of NPDES Phase
II General Permit (MS4);
C.
To require the removal of all such illicit connections;
D.
To comply with state 314 CMR 3.0 and 314 CMR 5.0 and other state
and federal statutes and regulations relating to the quantity and
quality of stormwater discharges;
E.
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement; and
F.
To establish the legal authority to allow connections to the Town's
municipal storm drain system through regulation adopted by the Board
of Public Works.
For the purposes of this bylaw, the following words or terms
shall mean:
The Board of Public Works (hereafter the Board), its employees
or agents designated to enforce this bylaw.
An activity, procedure, or structural improvement that helps
to reduce the quantity or improve the quality of stormwater runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The discharge from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
or wetlands of the United States or commonwealth or waters of the
Town from any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an unauthorized illicit discharge into the municipal storm drain system,
including without limitation sewage, process wastewater, wash water
or 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 drain system that is not composed entirely of stormwater, except as exempted in § 246-8. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit or a surface water discharge permit, or discharge resulting from fire-fighting activities exempted pursuant to § 246-8Q of this bylaw.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. "Impervious surface" includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
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 Marshfield.
A permit issued by United States Environmental Protection
Agency (EPA) or jointly with the state that authorizes the discharge
of pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
An 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 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 or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues;
Medical and bio-wastes; 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 process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A discharge of stormwater runoff by a system of conveyances
(including pipes, conduits, ditches and channels) used for collecting
and conveying stormwater and as further defined by 314 CMR 5.04(2).
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorize the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material which because of its quantity, concentration,
or 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
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
Any sanitary waste, sludge, or overflow of contents from
septic tank or cesspool, 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.
A natural or man-made channel through which water flows or
a stream of water, including 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.
All waters within the Town outside the jurisdiction of the
commonwealth defined for the purpose of this bylaw.
This bylaw shall apply to all flows entering the municipally
owned storm drainage system.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act,[1] and pursuant to the regulations of the federal Clean Water
Act found at 40 CFR 122.34.
[1]
Editor's Note: See MGL c. 43B.
The Board of Public Works shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Board
may be delegated in writing by the Board to employees or agents of
the Board. Copies of all orders of enforcement and correspondence
shall be given to the Board of Public Works for maintenance of records.
The Board of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this bylaw.
A.
Illicit discharges. No person shall dump, discharge, or cause or
allow to be discharged any pollutant or non-stormwater discharge into
the municipal storm drain system, into a watercourse, or into the
waters of the commonwealth, or waters of the Town.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Board of Public Works.
The following non-stormwater discharges or flows are exempt
from the prohibition of non-stormwaters provided that the source is
not a significant contributor of a pollutant to the municipal storm
drain 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(b)(20),
or uncontaminated pumped groundwater regulated and permitted in accordance
with the Marshfield Department of Public Works Policy for Connection
into the Town's Storm Drain System;
[Amended 4-24-2017 ATM
by Art. 10]
H.
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation regulated and permitted in accordance with the Marshfield
Department of Public Works Policy for Connection into the Town's Storm
Drain System;
I.
Discharge from landscape irrigation or lawn watering;
J.
Water from individual residential car washing;
K.
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine) provided the water is allowed to stand for one week prior
to draining and the pool is drained in such a way as not to cause
a nuisance;
L.
Discharge from street sweeping;
M.
Dye testing, provided verbal notification is given to the Board of
Public Works prior to the time of the test;
N.
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;
O.
Discharge for which advanced written approval is received from the
Board of Public Works as necessary to protect public health, safety,
welfare or the environment;
P.
Exemptions as defined under 314 CMR 3.05; and
Q.
Discharge of flow resulting from fire-fighting activities.
The Board of Public Works 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 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, or
waters of the Town, 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 Town's Fire and Police Departments, Conservation Agent and the
Town's Health Agent and Department of Public Works. In the event of
a release of non-hazardous material, the reporting person shall notify
the Conservation Agent, the Town's Health Agent and Department of
Public Works no later than the next business day. The reporting person
shall provide to the Conservation Agent and Department of Public Works
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.
The Board of Public Works or an authorized agent of the Board of
Public Works including the Conservation Agent and the Town's Health
Agent 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 Board
of Public Works or Conservation Agent or the Town's Health Agent 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 Board of Public Works or an authorized agent of the Board
of Public Works, Conservation Agent, or the Town's Health Agent may
issue a written order to enforce the provisions of this bylaw or the
regulations thereunder, which may include:
D.
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 may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
E.
Within 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 Board of
Public Works within 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 30 days following
a decision of the Board of Public Works 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 31st day at which the costs first become due.
F.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
G.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town's enforcing officer may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and adopted by the Town and set forth in Chapter 161, Article I, of the Town of Marshfield General Bylaws. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
H.
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, employees authorized by the Board of Public Works,
Conservation Agent or Board of Health Agent 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 Board of Public Works or Conservation Agent
or Town Health Agent deems reasonably necessary.
I.
Appeals. The decisions or orders of the Board of Public Works or
its agents, the Conservation Agent, or the Town's Health Agent shall
be final. Further relief shall be to a court of competent jurisdiction.
J.
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.
A.
Existing connections. Property owners with existing connections shall
notify the DPW and provide detail of the connection to the Town's
municipal storm drainage system to obtain license or permit. Modifications
may be required due to concern with water quality, water quantity
or health and safety issues.
B.
Residential property owners shall have 365 days from the effective
date of the bylaw to comply with its provisions unless good cause
is shown for the failure to comply with the bylaw during that period.
[Amended 4-24-2017 ATM
by Art. 10]
C.
Commercial property owners shall have 180 days from the effective
date of the bylaw to comply with its provisions unless good cause
is shown for the failure to comply with the bylaw during that period.
[Amended 4-24-2017 ATM
by Art. 10]
Permit or license holders allowed to connect to the system shall
hold the Town harmless and the Town of Marshfield shall not be held
liable for illicit discharges to the stormwater system and receiving
areas and receiving waters caused by others.
