[HISTORY: Adopted by the Special Town Meeting
of the Town of Townsend 11-13-2007 by Art. 14. Amendments noted where applicable.]
A.
Purpose.
(1)
The purpose of this bylaw is to manage connections
and discharges to the municipal storm drain system and waters of the
commonwealth, that are necessary for the protection of Townsend's
water bodies and groundwater, and to safeguard the public health,
safety, welfare and the environment.
(2)
The objectives of this bylaw are:
(a)
To prevent pollutants from entering Townsend's
municipal separate storm sewer system (MS4) and waters of the commonwealth;
(b)
To prohibit illicit connections and unauthorized
discharges to the MS4;
(c)
To require the removal of illicit connections;
(d)
To comply with state and federal statutes and
regulations relating to stormwater discharges;
(e)
To establish the legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring,
and enforcement;
(f)
To prevent contamination of drinking water supplies.
B.
Authority. This bylaw is adopted under the authority
granted by the Home Rule Amendment of the Massachusetts Constitution
and the Home Rule Procedures Act, and pursuant to the regulations
of the Federal Clean Water Act found at 40 CFR 122.34. The Highway
Superintendent shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Highway Superintendent
may be delegated in writing to other qualified employees or agents
of the Town of Townsend.
For the purposes of this bylaw, the following
shall apply:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants from any source into the municipal storm drain system
or into the waters of the United States or Commonwealth.
All water beneath the surface of the ground.
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. Hazardous materials
include any synthetic or organic chemical, petroleum product, heavy
metals, radioactive or infectious waste, acid and alkali, pathogens
and any substance defined as "toxic" or "hazardous" under Massachusetts
General Laws Chapters 21C and 21E, and the regulations at 310 CMR
30.000 and 310 CMR 40.0000.
Any surface or subsurface drain or conveyance that allows
an illegal discharge into the municipal storm drain system. Illicit
connections include conveyances that allow a non-stormwater discharge
to the municipal storm drain system, including but not limited to
sewage, processed wastewater or wash water and also any connections
from indoor drains, sinks, or toilets, regardless of whether said
connection was previously allowed, permitted, or approved prior to
the effective date of this bylaw.
Any direct or indirect non-stormwater discharge into the municipal storm drain system, not specifically exempted in § 62-6. The term excludes a discharge in compliance with an NPDES storm water or 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 Townsend.
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.
Any discharge to the municipal storm drain system not composed
entirely of stormwater.
Any individual, partnership, association, firm, company,
trust, corporation or other organization, 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.
Any constituent part 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 include, but are not limited to:
Preservatives, including paints, varnishes and
other chemical agents, cleaning agents, disinfectants and solvents;
Oil and other automotive or other vehicular
fluids and any fuels irrespective of use;
Nonhazardous liquids, solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and other pathogens;
Metals: dissolved, in suspension or in particulate
form;
Animal wastes;
Rock, sand, salts, soils;
Construction wastes and residues, including
but not limited to sediments, slurries, and concrete rinsates;
Noxious or offensive matter of any kind.
Storm (rain) runoff, snowmelt runoff, and surface water runoff
and drainage.
Water containing no pollutants.
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.
A natural or man-made channel through which water flows,
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.
This bylaw shall apply to flows entering the
municipally owned storm drainage system and waters of the commonwealth.
The Highway Superintendent may promulgate rules,
regulations and a permitting process to effectuate the purposes of
this bylaw. Failure by the Highway Superintendent to promulgate such
rules and regulations shall neither suspend nor invalidate this bylaw.
A.
Illegal discharges. No person shall dump, discharge,
cause or allow to be dumped or discharged any pollutant or nonstormwater
discharge into the municipal storm drain system, watercourse, or into
the 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 approval
from the Highway Superintendent or his/her designee.
A.
This section shall not apply to discharges or flows
resulting from fire-fighting activities;
B.
This section shall not apply to any of the following
non-stormwater discharges or flows, provided that the source is not
deemed by the Highway Superintendent to be a significant contributor
of a pollutant to the municipal storm drain system:
(1)
Waterline flushing;
(2)
Flows from potable water sources;
(3)
Springs;
(4)
Natural flows from riparian habitats and wetlands;
(5)
Rising groundwater;
(6)
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(7)
Discharge from landscape irrigation or lawn watering;
(8)
Water from individual residential car washing;
(9)
Discharge from dechlorinated swimming pool water [defined
as containing less than one part per million (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;
(10)
Water from exterior foundation drains, footing drains
(not including active groundwater dewatering systems, such as dewatering
excavations for foundation or pipelines), crawl space pumps, or air-conditioning
condensation;
(11)
Discharges from street sweeper operations of inconsequential
amounts of water;
(12)
Dye testing, provided verbal notification is given
to the Highway Superintendent and approval is obtained prior to the
time of the test;
(13)
Non-stormwater discharges permitted under an NPDES
permit, waiver, or waste discharge order administered under the authority
of the United States Environmental Protection Agency or the Massachusetts
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;
(14)
Discharges for which advanced written approval is
received from the Highway Superintendent if necessary to protect public
health, safety, welfare or the environment.
A.
The Highway Superintendent 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
illegal discharge that presents or may present imminent risk of harm
to the public health, safety, welfare or to the environment. If any
person fails to comply with an emergency suspension order, the Highway
Superintendent may take all reasonable steps necessary to prevent
or minimize harm to the public health, safety and welfare or to the
environment.
B.
Any person discharging to a municipal storm drain
system in violation of this bylaw may have access to their municipal
storm drain system terminated if such termination would abate or reduce
an illicit discharge. The Highway Superintendent will notify a violator
of the proposed termination of access to the municipal storm drain
system. The violator may petition the Highway Superintendent for reconsideration
and hearing. An offense is committed if the person reinstates access
to the municipal storm drain system from premises terminated pursuant
to this section, without prior approval from the Highway Superintendent.
A.
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 or operation that results or may result in illegal
discharge of pollutants, that person shall take all steps necessary
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, Highway Superintendent
and Board of Health. In the event of a release of nonhazardous material,
said person shall notify the Highway Superintendent no later than
the next business day. Written confirmation of all telephone, facsimile
or in-person notifications shall be provided to the Highway Superintendent
within three business days thereafter.
B.
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 Highway Superintendent or the Superintendent's
designee shall enforce this bylaw, and the regulations promulgated
thereunder, as well as the terms and conditions of all permits, notices,
and orders, and may pursue all civil and criminal remedies for such
violations.
B.
Civil relief. The Highway Superintendent may seek
injunctive relief in a court of competent jurisdiction to restrain
the person that violates the provisions of this bylaw, regulations,
permit, notice, or order issued thereunder from activities that would
create further violations and additionally compelling the person to
abate or remediate the violation.
C.
Compliance orders. The Highway Superintendent may
issue a written order to enforce the provisions of this bylaw or the
regulations thereunder, which may include:
(1)
Elimination of illicit connections or discharges to
the storm drainage system;
(2)
Termination of access to the storm drainage system;
(3)
Performance of monitoring, analyses, and reporting;
(4)
Cessation of unlawful discharges, practices, or operations;
(5)
Remediation of contamination in connection therewith.
If the Highway Superintendent determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
for completion of the abatement or remediation.
D.
Criminal and civil penalties. Any person that violates
any provision of this bylaw, valid regulation, or the terms or conditions
in any permit or order prescribed or issued thereunder shall be subject
to a fine not to exceed $300 for each day such violation occurs or
continues or be subject to a civil penalty that may be assessed in
an action brought on behalf of the Town in any court of competent
jurisdiction.
E.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town of Townsend may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D.
The Highway Superintendent, or the Superintendent's designee, shall
be the enforcement officer. 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.
F.
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 Highway 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 Highway Superintendent deems reasonably necessary.
G.
Appeals. The decisions or orders of the Highway Superintendent
shall be final. Further relief shall be to a court of competent jurisdiction.
H.
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 party, 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 this bylaw to comply with its provisions.
An extension may be granted, provided good cause is shown for the
failure to comply with the bylaw during that period.
This bylaw shall take effect upon approval of
the Attorney General and upon compliance with the requirements of
MGL c. 40, § 32.
