[Adopted by the Board of Health 5-12-2003]
For the purpose of promoting the health, safety,
convenience, morals, and welfare of its inhabitants, the Town of Southwick
Board of Health, under the authority granted by the Massachusetts
General Law Chapter 40 et seq., does hereby enact this regulation
to be hereafter known and designated as the "Board of Health Public
Sewer Connection Regulation of the Town of Southwick" (Sewer Connection
Regulation). Further purpose of the Sewer Connection Regulation is
to benefit the environment for the inhabitants of the Town of Southwick
by requiring the owner(s) of any building structure (either on a public
or private way) in which there exists an abutting public sewer, to
connect the building structure with said sewer.
As used in this article, the following terms
shall have the meanings indicated:
AGENT
Any authorized representative of the Town of Southwick Board
of Health, including but not limited to, the Board of Health Inspector
or any police officer of the Town of Southwick.
BOARD
The Town of Southwick Board of Health.
FORCE MAIN
A sewer line under pressure which begins at the pump station
and terminates at a point where gravity flow begins.
NONCRIMINAL METHOD OF DISPOSITION
The procedure by which the Board or its agent issues a written
citation notice to any violator of the Sewer Connection Regulation
in accordance with the Massachusetts General Law Chapter 40, Section
21D.
PRIVATE SEPTIC WASTE WATER DISPOSAL SYSTEM
Any on-site, subsurface disposal system constructed and maintained
in accordance with all the requirements of the Town of Southwick Board
of Health Regulations, Building Code, Zoning Ordinances, Sewer Use
Regulations, and any other regulation or law of the Town of Southwick,
and/or the Commonwealth of Massachusetts.
PUBLIC SEWER
A sewer in which all owners of abutting properties (either
on a public or private way) have equal rights and is controlled by
public authority.
TOWN
The Town of Southwick, Massachusetts.
VARIANCE
A departure from the provisions of the Sewer Connection Regulation.
Any person(s) violating any provision of the
Sewer Connection Regulation or, any person(s) failing to comply with
the Sewer Connection Regulation after a petition for variance has
been denied, shall be penalized in the following manner pursuant to
the provisions of the Massachusetts General Laws Chapter 40, Section
21D:
A. Authority of person enforcing Sewer Connection Regulation.
Any agent as specified hereinabove shall be empowered to enforce a
violation of the Sewer Connection Regulation and for purposes of this
section shall be referred to as "enforcing person."
B. Notice requirement.
(1) The enforcing person, after becoming cognizant of
a violation of the Sewer Connection Regulation, may give to the offender
a written notice (the notice) to appear before the Clerk of the Westfield
District Court, at any time during office hours, not later than 21
days after the date of such notice.
(2) Form of notice.
(a)
The notice shall be in triplicate;
(b)
The notice shall be given to the offender, not
later than 21 days after the date of such notice;
(c)
The notice shall be written and specify the
following:
[1]
Name and address, if known, of the offender;
[2]
Specific offense charged;
[3]
Amount of fine for such offense charged;
[4]
Time and place for the offender's required appearance;
and
[5]
Signed by the offender whenever practicable
in acknowledgment that such notice has been received.
(3) Manner of service of notice of violation.
(a)
The enforcing person shall, if possible, deliver
to the offender a copy of said notice at the time and place of the
violation.
(b)
If not possible to deliver a copy of said notice to the offender as specified in Subsection
B(3)(a), a copy shall be mailed or delivered by the enforcing person, or by his commanding officer, or the head of his department, or by any person authorized by such commanding officer, department or head to the offender's last known address, within 15 days after said violation.
(c)
Such notice as so mailed shall be deemed a sufficient
notice, and a certificate of the person so mailing such notice that
it has been mailed in accordance with this section shall be prima
facia evidence thereof.
(4) Recordation of notice of violations and offenders.
(a)
The enforcing person shall give the Board those copies of each notice of such violation he has taken cognizance of which have not already been delivered or mailed by him as aforementioned in Subsection
B(3).
(b)
The Board shall retain and safely preserve one
copy and shall, at a time not later than the next court day after
such delivery or mailing, deliver the other copy to the Clerk of Westfield
District Court.
(c)
The Clerk of the Westfield District Court shall
maintain a separate docket of such notices to appear.
(5) Requirement of offender/violator who has received
notice.
(a)
Any person notified to appear before the Clerk
of the Westfield District Court may so appear and confess the offense
charged, either personally or through a duly authorized agent; or
(b)
Any person notified to appear before the Clerk
of the Westfield District Court may, mail to the Town Clerk of the
Town of Southwick together with the notice, the specific sum of money
as specified on said notice as penalty for violating the Sewer Connection
Regulation subject to the following requirements: If such payment
is mailed, it shall be in the form of a bank check, money order, or
certified funds.
(c)
Upon receipt of such notice and payment, the
Town Clerk shall forthwith notify the Clerk of the Westfield District
Court of such payment and the receipt by the Clerk of the Westfield
District Court of such notification shall operate as a final disposition
of the case. An appearance under this section shall not be deemed
a criminal proceeding.
(6) Contest of violation.
(a)
If any person so notified to appear, desires
to contest the violation alleged in the notice to appear and also
to avail himself/herself to the procedure established pursuant to
this section, he/she may, within 21 days after the date of the notice,
request a hearing in writing.
(b)
Said hearing shall be held before a District
Court Judge, Clerk, or Assistant Clerk, as the Court shall direct,
and if the Judge, Clerk, or Assistant Clerk shall, after hearing,
find that the violation occurred and that it was committed by the
person so notified to appear, the person so notified shall be permitted
to dispose of the case by paying the specific sum of money fixed as
penalty as stated in the notice, or such lesser amount as the Judge,
Clerk, or Assistant Clerk shall order, which payment shall operate
as final disposition of the case.
(c)
If the Judge, Clerk, or Assistant Clerk shall,
after hearing, find that the violation alleged did not occur or was
not committed by the person notified to appear, that finding shall
be entered in the docket, which shall operate as a final disposition
of the case.
(7) Failure to pay fine/default of offender. If any person so notified to appear before the Clerk of the Westfield District Court, fails to pay the fine provided herein within the time specified, or having appeared, does not confess the offense before the Clerk or pay the sum of money fixed as penalty after hearing and finding as provided in Subsection
B(6), then the Clerk shall notify the enforcing person, who issued the original notice, who shall determine whether to apply for the issuance of a complaint for violation of the Sewer Connection Regulation.
(8) Amount of fine. Any person(s) found to be in violation of the Sewer Connection Regulation by the agent for the Board shall be liable to a fine in the amount of not more than $100 for each violation or offense, pursuant to Massachusetts General Laws Chapter
83, Section 11. Said violation or offense shall be administered in the above-referenced manner.
(9) The Board also reserves the right to file a criminal
complaint.
The validity or deletion of any section, provision,
clause, sentence, or paragraph of the Sewer Connection Regulation
shall not affect the other provisions herein which may be given effect
without the invalid or deleted provision, clause, sentence, or paragraph
and, to this end, the provisions herein are hereby declared severable.
This regulation shall take effect on May 12,
2003.
[Adopted STM 3-15-2008 by Art. 6]
For the purposes of this by-law, the following
shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Director of the Department of Public Works or designated
representative, its employees or agents designated to enforce this
by-law.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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 from any source.
GRANDFATHERED
Exempt from new legislation, restrictions, or requirements.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the municipal
storm drainage system, except as specifically exempted in Section
7 or permitted pursuant to Section 8 of this by-law. The term does
not include a discharge in compliance with an NPDES Storm Water Discharge
Permit or resulting from fire fighting activities exempted pursuant
to Section 7, subsection 4, of this by-law.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance, which allows
an illegal discharge into the municipal storm drainage system. Illicit
connections include conveyances which allow a non-stormwater discharge
to the municipal storm drainage system including sewage, process wastewater
or wash water and any connections from indoor drainages sinks, or
toilets, regardless of whether said connection was previously allowed,
permitted, or approved before the effective date of this by-law.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM
DRAINAGE 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 Southwick.
PERSON
Any individual, partnership, association, firm, company,
trust, corporation, 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 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:
A.
paints, varnishes, and solvents;
B.
oil and other automotive fluids;
C.
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;
K.
and noxious or offensive matter of any kind.
PROCESS WASTEWATER
means any 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.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
STORMWATER
Runoff from precipitation or snow melt.
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 M.G.L. Ch.21C and
Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WATERCOURSES
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
all waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, costal waters, and groundwater.
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.
This by-law shall apply to all flows entering
the storm drainage system in the Town of Southwick.
The Director of the Department of Public Works
or designated representative shall administer, implement and enforce
this by-law. Any powers granted to or duties imposed upon the Director
of the Department of Public Works may be delegated in writing by the
Director of the Department of Public Works to employees or agents
of the Department of Public Works.
The Director of the Department of Public Works
may promulgate rules and regulations to effectuate the purposes of
this by-law. Failure by the Director of the Department of Public Works
to promulgate such rules and regulations shall not have the effect
of suspending or invalidating this by-law.
The Director of the Department of Public Works
or designated representative may suspend storm drainage system access
to any person or property without prior written notice when such suspension
is necessary to stop an actual or threatened illegal discharge that
presents or may present 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 Director of the
Department of Public Works or designated representative may take all
reasonable steps to prevent or minimize harm to the public health,
safety, welfare or the environment.
Notwithstanding any other requirements of local,
state or federal law, as soon as any person responsible for a facility
or operation, or responsible for emergency response for a facility
or operation has information of any known or suspected release of
materials at that facility operation which is resulting or may result
in illegal discharge of pollutants that 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, the Director of
the Department of Public Works or designated representative, and the
Massachusetts Department of Environmental Protection (if release is
reportable as defined by 310 CMR 40.00). In the event of a release
of non-hazardous material, said person shall notify the Director of
the Department of Public Works or designated representative no later
than the next business day. Written confirmation of all telephone,
facsimile or in person notifications shall be provided to the Director
of the Department of Public Works or designated representative 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.
If any provision, paragraph, sentence, or clause,
of this by-law shall be held invalid for any reason, all other provisions
shall continue in full force and effect.
Property owners shall have 120 days from the
effective date of the by-law to comply with its provisions provided
good cause is shown for the failure to comply with the by-law during
that period unless local, state, or federal agencies deem that immediate
actions are warranted.