[HISTORY: Adopted by the Special Town Meeting of the Town of Townsend 11-13-2007 by Art. 14. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 49.
NPDES Phase II stormwater management — See Ch. 85.
Wetlands — See Ch. 138.
Wetlands regulations — See Ch. 150.
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:
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 from any source into the municipal storm drain system or into the waters of the United States or Commonwealth.
GROUNDWATER
All water beneath the surface of the ground.
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. 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.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN 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 Townsend.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
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.
NON-STORMWATER DISCHARGE
Any discharge to the municipal storm drain system not composed entirely of stormwater.
PERSON
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.
POLLUTANT
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:
A. 
Preservatives, including paints, varnishes and other chemical agents, cleaning agents, disinfectants and solvents;
B. 
Oil and other automotive or other vehicular fluids and any fuels irrespective of use;
C. 
Nonhazardous liquids, solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform and other pathogens;
G. 
Metals: dissolved, in suspension or in particulate form;
H. 
Animal wastes;
I. 
Rock, sand, salts, soils;
J. 
Construction wastes and residues, including but not limited to sediments, slurries, and concrete rinsates;
K. 
Noxious or offensive matter of any kind.
STORMWATER
Storm (rain) runoff, snowmelt runoff, and surface water runoff and drainage.
UNCONTAMINATED
Water containing no pollutants.
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, 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, 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.