[HISTORY: Adopted by the Town of Sterling 10-15-2007 STM by Art. 13, approved with caution 2-13-2008; readopted 5-14-2012
ATM by Art. 19, approved 10-11-2012. Amendments noted where applicable.]
A.
The purpose of this bylaw is to regulate illicit connections
and discharges to the storm drain system, which is necessary for the
protection of Sterling's water bodies and groundwater and to safeguard
the public health, safety, welfare and the environment.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering Sterling's municipal
separate storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges
to the MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations
relating to stormwater discharges;
(5)
To establish the legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring and
enforcement; and
(6)
To prevent contamination of drinking water supplies.
The Department of Public Works shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Department of Public Works may be delegated in writing
by the Board of Public Works to employees or agents of the Department
of Public Works.
For purposes of this bylaw, the following shall
mean:
The Department of Public Works, its employees or agents designated
to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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 into storm drain systems or into the waters of the United
States or commonwealth from any source.
All water beneath the surface of the ground.
Any surface or subsurface drain or conveyance, which allows
an illegal discharge into storm drain systems. Illicit connections
include conveyances which allow a nonstormwater discharge to storm
drain systems including 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.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
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 Sterling.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorized the discharge of
pollutants to waters of the United States.
Any discharge to the storm drain systems not composed entirely
of stormwater.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock; sand; salt; soils;
Construction wastes and residues;
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Runoff from precipitation or snow melt.
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 on public or private ways within the Town
of Sterling.
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 MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
Water containing no pollutants.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
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, by-product
or waste product.
This bylaw shall apply to flows entering the
stormwater and drainage system on public or private ways with the
Town of Sterling.
The Board of Public Works may promulgate rules,
regulations and a permitting process to effectuate the purposes of
this bylaw. Failure by the Board of Public Works to promulgate such
rules and regulations shall not have the effect of suspending or invalidating
this bylaw.
A.
Illegal discharges. No person shall dump, discharge,
cause or allow to be discharged any pollutant or nonstormwater discharge
into storm drain systems, watercourses, or into the waters of the
commonwealth.
B.
Illicit connections. No person shall construct, use,
allow, maintain or continue any illicit connection to storm drain
systems, regardless of whether the connection was permissible under
applicable law, regulation or custom at the time of connection.
C.
Obstruction of storm drain systems. No person shall
obstruct or interfere with the normal flow of stormwater in or out
of storm drain systems without prior approval from the Board of Public
Works or its designated agent.
D.
Exemptions. This section shall not apply to any of
the following nonstormwater discharges or flows, provided that the
source is not a significant contributor of a pollutant to storm drain
systems.
(1)
Municipal waterline flushing;
(2)
Discharges from landscape irrigation or lawn watering;
(3)
Water from individual residential car washing and
temporary fund-raising car wash events;
(4)
Discharges from dechlorinated swimming pool water,
provided it is allowed to stand for one week prior to draining, or
tested for chlorine levels with a pool test kit prior to draining
(less than one part per million chlorine), and the pool is drained
in such a way as not to cause a nuisance;
(5)
Discharges from street sweepers of minor amounts of
water during operations;
(6)
Discharges or flows resulting from fire-fighting activities;
(7)
Nonstormwater discharges 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;
(8)
Flows from potable water sources;
(9)
Springs;
(10)
Natural flows from riparian habitats and wetlands;
(11)
Diverted stream flows;
(12)
Rising groundwater;
(13)
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(14)
Uncontaminated groundwater discharge from a
sump pump, with a permit from the Department of Public Works.
(15)
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;
(16)
Dye testing, provided verbal notification is
given to the Department of Public Works prior to the time of the test.
A.
The Department of Public Works may suspend 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 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.
B.
Any municipal storm drain system in violation of this
bylaw may have the storm drain system access terminated if such termination
would abate or reduce an illicit discharge. The Department of Public
Works will notify a violator of the proposed termination of storm
drain system access. The violator may petition the Department of Public
Works for reconsideration and hearing. A person commits an offense
if the person reinstates storm drain system access to premises terminated
pursuant to this section, without prior approval from the Department
of Public Works.
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 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,
Department of Public Works and Board of Health. In the event of a
release of nonhazardous material, said person shall notify the authorized
enforcement agency no later than the next business day. Written confirmation
of all telephone, facsimile or in-person notifications shall be provided
to the authorized enforcement agency 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.
A.
Enforcement. The Department of Public Works or its
authorized agent 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. If anyone violates the provisions of
this bylaw, regulations, permit, notice, or order issued thereunder,
the Department of Public Works may seek injunctive relief in a court
of competent jurisdiction to restrain the person from activities which
would create further violations or compelling the person to abate
or remediate the violation.
C.
Orders.
(1)
The Department of Public Works may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include: (a) elimination of illicit connections or discharges
to the storm drainage system; (b) termination of access to the storm
drainage system; (c) performance of monitoring, analyses, and reporting;
(d) cessation of unlawful discharges, practices, or operations; and
(e) remediation of contamination in connection therewith. If the Department
of Public Works determines that abatement or remediation of contamination
is required, the order shall set forth a deadline for completion of
the abatement or remediation. 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 or
property owner.
(2)
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 Department of Public Works within 30 days following a decision
of the 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 the Department of Public Works
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.
D.
Criminal and civil penalties. Any person who 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 subject to a civil penalty, which 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 Sterling may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D.
The Department of Public Works shall be the enforcing entity. The
penalty for the first violation shall be up to $100. The penalty for
the second violation shall be up to $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 Department of Public Works, 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 Department of Public Works deems reasonably necessary.
G.
Appeals. The decisions or orders of the Department
of Public Works 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.
If any provision, paragraph, sentence, or clause,
of this bylaw shall be held invalid for any reason, all other provisions
shall continue in full force and effect.
Residential property owners shall comply with
this bylaw on a schedule set forth in the Department of Public Works
compliance order, but such property owners shall in no case have more
than six months from the effective date of the bylaw to comply with
its provisions, unless good cause is shown for the failure to comply
with the bylaw during that period.
