AUTHORIZED ENFORCEMENT AGENCY — The Director of the Department of Public Works, its employees, officers, or agents are designated to enforce Article
I Non-Storm Water Discharges.
BYLAW
Refers to Chapter
156, Storm Water Management Bylaw of the "Bylaws of the Town of North Reading."
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 into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of storm water, except as exempted in §
156-8. The term does not include a discharge in compliance with a NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to §
156-8.
IMPERVIOUS SURFACE
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAINAGE SYSTEM
The system of conveyances designed or used for collecting
or conveying storm water, 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.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
POLLUTANT
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
of Massachusetts. Pollutants shall include without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Non-hazardous liquid and solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
STORM WATER
Storm water runoff, snowmelt runoff, and surface water runoff
and drainage.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
TOXIC OR 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. 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 G.L. Ch. 21C and
Ch. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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 or
a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH OF MASSACHUSETTS
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to G.L. c. 131,
§ 40 and 310 CMR 10.00 et seq.
Chapter
156, Article
I shall apply to flows entering the municipal storm drainage system.
Chapter
156, Article
I is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to G.L. c. 83, §§ 1, 10, and 16, as amended by St. 2004, c. 149, §§ 135-140, and the regulations of the federal Clean Water Act found at 40 CFR 122.34
The Authorized Enforcement Agency shall administer, implement and enforce Chapter
156, Article
I, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the Authorized Enforcement Agency may be delegated in writing by the Authorized Enforcement Agency to employees or agents of the Authorized Enforcement Agency.
The Authorized Enforcement Agency may promulgate rules and regulations to effectuate the purposes of Chapter
156, Article
I. Failure by the Authorized Enforcement Agency to promulgate such rules and regulations shall not have the effect of suspending or invalidating Chapter
156, Article
I.
The Authorized Enforcement Agency 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 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 of Massachusetts, 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 Fire and Police Departments, Board of Health, and the Department
of Public Works. In the event of a release of non-hazardous material,
the reporting person shall notify the Authorized Enforcement Agency
no later than the next business day. 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 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 Director of the Department of Public Works or appointed designee shall enforce Chapter
156, Article
I, 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 Chapter
156, Article
I, regulations, permit, notice, or order issued there under, the Authorized Enforcement Agency 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 Authorized Enforcement Agency or an authorized agent of the Authorized Enforcement Agency may issue a written order to enforce the provisions of Chapter
156, Article
I or the regulations there under, which may include:
(a)
Elimination of illicit connections or discharges
to the MS4;
(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.
(2) If the Authorized Enforcement Agency 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 thirty (30) days after completion by the Town
of 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 Authorized Enforcement Agency 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 Authorized Enforcement Agency 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 G.L. Ch. 59, 57 after the thirty-first
day at which the costs first become due.
C. Criminal penalty. Any person who violates any provision of Chapter
156, Article
I, regulation, order or permit issued there under, shall be punished by a fine of not more than $200. 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 G.L. Ch. 40, § 21D and
adopted by the Town as a general bylaw in which case the Authorized Enforcement Agency of the
Town shall be the enforcing person. The penalty for the 1st violation
shall be a written warning. The penalty for the 2nd violation shall
be $50. The penalty for the 3rd violation shall be shall be $100.
The penalty for the 4th and subsequent offenses shall be $200. Each
day or part thereof that such violation occurs or continues shall
constitute a separate offense.
E. Entry to perform duties under Chapter
156, Article
I. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Authorized Enforcement Agency, 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 Authorized Enforcement Agency deems reasonably necessary.
F. Appeals. The decisions or orders of the Authorized
Enforcement Agency shall be final. Further relief shall be to a court
of competent jurisdiction.
G. Remedies not exclusive. The remedies listed in Chapter
156, Article
I 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 Chapter
156, Article
I of this bylaw to comply with its provisions provided good cause is shown for the failure to comply with Chapter
156, Article
I during that period.
ABUTTER — The owner(s) of land
abutting the activity.
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
APPLICANT
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a Storm Water Management Permit
for proposed land disturbances.
APPLICANT'S TECHNICAL REPRESENTATIVE
A registered professional engineer (P.E.) hired by the applicant
to certify that design and construction are completed in accordance
with the applicable local, state, and federal storm water requirements.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of storm
water runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
CLEARING
Any activity that removes the vegetative surface cover.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISCHARGE OF POLLUTANTS
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 of Massachusetts from
any source.
ENFORCEMENT OFFICER
Town's authorized agent to enforce construction and post construction runoff controls as specified in Chapter
156, Article
II and the Storm Water Management Rules and Regulations. The Building Inspector is designated as the Enforcement Officer.
EROSION
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENT CONTROL PLAN
A document containing narrative, drawings, and details developed
by a registered professional engineer (P.E.) or a certified professional
in erosion and sediment control (CPESC), which includes BMPs, or equivalent
measures designed to control surface runoff, erosion and sedimentation
during pre-construction and construction related land disturbances.
The plan is required as part of the application for a Storm Water
Management Permit.
GRADING
Changing the level or shape of the ground surface.
IMPERVIOUS SURFACE
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 roof
tops.
LAND DISTURBANCE
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act G.L. c. 131 § 40 and Massachusetts Clean
Waters Act G.L. c. 21, § 23-56. The policy addresses storm
water impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity
of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM
DRAINAGE SYSTEM
The system of conveyances designed or used for collecting
or conveying storm water, 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.
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a storm water
management system to insure that it continues to function as designed.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
POINT SOURCE
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.
POLLUTANT
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
of Massachusetts. Pollutants shall include without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Non-hazardous liquid and solid wastes and yard
wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
SITE
Any lot or parcel of land or area of property where land
disturbances are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STORM WATER
Storm water runoff, snowmelt runoff, and surface water runoff
and drainage.
STORM WATER UTILITY
A special assessment district set up to generate funding
specifically for storm water management. Users within the district
pay a storm water fee and the revenue generated directly supports
operation, maintenance, and upgrade of existing storm drain systems;
development of drainage plans, flood control measures, and water-quality
programs; administrative costs; and construction of capital improvement
projects.
STREAM
A body of running water, including brooks, creeks, and other
water courses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, is naturally obscured, or beneath a bridge. A stream's flow
may be intermittent (i.e., does not flow throughout the year), or
perennial.
WATERS OF THE COMMONWEALTH OF MASSACHUSETTS
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to G.L. c. 131,
§ 40 and 310 CMR 10.00 et seq.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to G.L. c. 83, §§ 1,
10, and 16, as amended by St. 2004, c. 149, §§ 135-140,
and the regulations of the federal Clean Water Act found at 40 CFR
122.34.
Permits and procedures shall be defined and included as part of any rules and regulations promulgated as permitted in §
156-18B.
Fee structure. The Enforcement Officer shall
obtain with each submission an application and review fee fixed by
the Enforcement Officer to cover expenses connected with the application
review of the Storm Water Management Permit. Authority for the Enforcement
Officer is granted pursuant to MGL c. 40, § 22F and adopted
by the Town as part of a general bylaw. The applicant must hire a registered professional engineer
(P.E.) to certify that the plans are in accordance with the Town's
standards. The Enforcement Officer is authorized to retain professional
consultation from applicable Town departments to advise the Enforcement
Officer on any or all aspects of these plans.
If any provision, paragraph, sentence, or clause of Chapter
156, Article
II shall be held invalid for any reason, all other provisions shall continue in full force and effect.