Article II of this bylaw shall apply to all water entering the municipally owned storm drainage system or going, directly or indirectly, into a watercourse or waters of the commonwealth, that will be generated on any developed or undeveloped lands except as explicitly exempted in this bylaw or where the Planning Board has issued a waiver in accordance with Article I, § 338-5.
A. 
Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal separate storm sewer system (MS4), onto an impervious surface directly connected to the MS4 or, directly or indirectly, into a watercourse or waters of the commonwealth.
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 consent from the Zoning Enforcement Officer.
D. 
Exemptions.
(1) 
Discharge or flow resulting from firefighting activities;
(2) 
The following nonstormwater discharges or flows are exempt from the prohibitions of nonstormwater, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, to a watercourse or waters of the commonwealth:
(a) 
Waterline flushing;
(b) 
Flow from potable water sources, with the exception of landscape irrigation and lawn watering;
(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 (e.g., sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit from the Zoning Enforcement Officer prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Planning Board;
(h) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
(i) 
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;
(j) 
Discharge from street sweeping;
(k) 
Dye testing, provided verbal notification is given to the Zoning Enforcement Officer prior to the time of the test;
(l) 
Nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
(m) 
Discharge for which advanced written approval is received from the Zoning Enforcement Officer as necessary to protect public health, safety, welfare or the environment.
A. 
Pet waste. Rockland is subject to a bacteria TMDL, and because dog feces are a major component of stormwater pollution, it shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a helping dog or other helping animal registered as such. Persons walking dogs must carry with them a device designed to dispose of dog feces, including, but not limited to, a plastic bag or "pooper scooper."
B. 
Pavement sealers. Coal-tar-based driveway and pavement sealers have been identified as a primary source of polyaromatic hydrocarbons affecting streams in developed areas. Polyaromatic hydrocarbons are classified by the United States Environmental Protection Agency as a probable human carcinogen and are highly toxic to aquatic life. Asphalt-based driveway and pavement sealers contain low concentrations of polyaromatic hydrocarbons. Therefore, application of coal-tar-based driveway and pavement sealers is prohibited for all paved areas directly connected to the MS4.
The Zoning Enforcement Officer 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 Zoning Enforcement Officer 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. In the event of a release of nonhazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the Zoning Enforcement Officer 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.
The Zoning Enforcement Officer or its authorized agent shall enforce this bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, the Zoning Enforcement Officer 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.
B. 
Orders.
(1) 
The Zoning Enforcement Officer or its authorized agent may issue a written order to enforce the provisions of this bylaw or any regulations thereunder, which may include:
(a) 
Elimination of illicit connections or discharges to the MS4;
(b) 
Elimination of discharges to the MS4 or, directly or indirectly, into a watercourse or into the waters of the commonwealth;
(c) 
Performance of monitoring, analyses, and reporting;
(d) 
That unlawful discharges, practices, or operations shall cease and desist;
(e) 
That measures shall be taken to minimize the discharge of pollutants until such time as the illicit connection shall be eliminated; and
(f) 
Remediation of contamination in connection therewith.
(2) 
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.
(3) 
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 Zoning Enforcement Officer 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 Zoning Enforcement Officer 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.
C. 
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.
D. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Article IV, §§ 1-14 to 1-17, of the Town of Rockland General Bylaws, in which case the agent of the Zoning Enforcement Officer shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. 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.
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 Zoning Enforcement Officer, 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 Zoning Enforcement Officer deems reasonably necessary.
F. 
Appeals. The decisions or orders of the Zoning Enforcement Officer shall be final. Further relief shall be to a court of competent jurisdiction.
G. 
Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.
Residential property owners shall have 60 days from the effective date of this bylaw to comply with its provisions, provided good cause is shown for the failure to comply with the bylaw during that period.