[Adopted 5-22-2006 ATM by Art. 30]
[Amended 11-18-2010 STM by Art. 3]
A.Â
Purpose. The purpose of this bylaw is to regulate illicit connections
and discharges to the municipal separate storm sewer system (MS4)
storm drain system, which is necessary for the protection of Hadley
water bodies and groundwater, and to safeguard the public health,
safety, welfare and the environment.
B.Â
The objectives of this bylaw are to:
(1)Â
Prevent pollutants from entering Hadley's municipal separate
storm sewer system (MS4);
(2)Â
Prohibit illicit connections and unauthorized discharges to the MS4;
(3)Â
Require the removal of all such illicit connections;
(4)Â
Comply with state and federal statutes and regulations relating to
stormwater discharges;
(5)Â
Establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement; and
(6)Â
Prevent contamination of drinking water supplies.
For the purposes of this bylaw, the following shall mean:
The Board of Health, its employees or agents designated to
enforce this bylaw.
For stormwater, structural or biological devices that temporarily
store or treat urban stormwater runoff to reduce flooding, remove
pollutants, and provide other amenities. They can also be nonstructural
practices that reduce pollutants at their source. BMPs are described
in a stormwater design manual, Stormwater Management, Volume Two:
Stormwater Technical Handbook (March 1997, Massachusetts Department
of Environmental Protection, as updated or amended).
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 direct or indirect nonstormwater discharge to storm drain systems, except as specifically exempted in § 195-12. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit or resulting from fire-fighting activities exempted pursuant to § 195-12D of this bylaw.
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 Hadley.
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 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
or that causes a violation of the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00. 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, ordnance, 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, and soils;
Construction wastes and residues; and
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.
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 Hadley.
Runoff from precipitation or snowmelt.
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.
Any material which, because of its quantity, concentration,
or 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 40.0000.
Water containing no pollutants or that does not violate the
Massachusetts Surface Water Quality Standards as defined in 314 CMR
4.00.
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.
A natural or man-made channel through which water flows or
a stream of water, 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, costal waters, and groundwater.
This bylaw shall apply to flows entering the MS4 and any privately
owned stormwater and drainage system on public or private ways within
the Town of Hadley.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act[1] and MGL c. 83, §§ 1 and 10, as amended
by St. 2004, c. 149, §§ 135 to 140, and pursuant to
the regulations of the Federal Clean Water Act found at 40 CFR 122.34.
[1]
Editor's Note: See MGL c. 43B.
[Amended 11-18-2010 STM by Art. 3]
The Board of Health shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Board
of Health may be delegated in writing by the Board of Health to employees
or agents of the Board of Health or Highway Division.
The Board of Health may promulgate rules, regulations and a
permitting process to effectuate the purposes of this bylaw. Failure
by the Board of Health to promulgate such rules and regulations shall
not have the effect of suspending or invalidating this bylaw.
A.Â
Illegal discharges. No person shall dump, discharge, or cause or
allow to be discharged any pollutant or nonstormwater discharge into
storm drain systems, watercourses, or into the waters of the commonwealth.
This shall also pertain to any discharges currently prohibited by
the Town of Hadley General or Zoning Bylaws.
B.Â
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.Â
Obstructing storm drain systems. No person shall obstruct or interfere
with the normal flow of stormwater into or out of the MS4 storm drain
systems without prior approval from the Board of Health or its designated
agent.
D.Â
Exemptions.
(1)Â
Discharge or flow resulting from fire-fighting activities is not
subject to this bylaw.
[Amended 11-18-2010 STM by Art. 3]
(2)Â
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 the MS4 storm drain system:
(a)Â
Municipal waterline flushing;
(b)Â
Discharges from landscape irrigation or lawn watering;
(c)Â
Diverted stream flows;
(d)Â
Rising groundwaters;
(e)Â
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20);
(f)Â
Uncontaminated pumped groundwater from an emergency;
(g)Â
Discharges from potable water sources;
(h)Â
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(i)Â
Springs;
(j)Â
Individual residential car washing;
(k)Â
Flows from riparian habitats and wetlands;
(l)Â
Dechlorinated swimming pool discharges that do not cause a violation
of the Massachusetts Surface Water Quality Standards, 314 CMR 4.00;
(m)Â
Street wash waters;
(n)Â
Dye testing, provided verbal notification is given to the Board
of Health prior to the time of the test;
(o)Â
Nonstormwater discharge permitted under an NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the 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;
(p)Â
Agricultural wash water from vegetable processing; and
(q)Â
Discharge for which advanced written approval is received from
the Board of Health as necessary to protect public health, safety,
welfare or the environment.
A.Â
The Board of Health 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.Â
Any persons discharging to a municipal storm drain system in violation
of this bylaw may have their storm drain system access terminated
if such termination would abate or reduce an illicit discharge. The
Board of Health will notify a violator of the proposed termination
of storm drain system access. The violator may petition the Board
of Health 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 Board of
Health.
[Amended 11-18-2010 STM by Art. 3]
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, Highway Division
and Board of Health. In the event of a release of nonhazardous material,
said person shall notify the Board of Health no later than the next
business day. Written confirmation of all telephone, facsimile or
in-person notifications shall be provided to the Board of Health 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.Â
Authority. The Board of Health 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.Â
Civil relief. If anyone violates the provisions of this bylaw or
regulations, permit, notice, or order issued thereunder, the Board
of Health 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.Â
Orders.
(1)Â
The Board of Health may issue a written order to enforce the provisions
of this bylaw or the regulations thereunder, which may include elimination
of illicit connections or discharges to the storm drainage system;
termination of access to the storm drainage system; performance of
monitoring, analyses, and reporting; cessation of unlawful discharges,
practices, or operations; and remediation of contamination in connection
therewith. If the Board of Health 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, and/or seek a court order requiring
the property owner or violator to perform the work.
(2)Â
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 Board of
Health within 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 30 days following a decision
of the Board of Health 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.Â
Criminal and civil penalties. Any person who violates any provision
of this bylaw or 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.Â
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D. The Board of Health
shall be the enforcing entity. 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.
[Amended 11-18-2010 STM by Art. 3]
F.Â
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 Board of Health, 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 Board of
Health deems reasonably necessary.
G.Â
Appeals. The decisions or orders of the Board of Health shall be
final. Further relief shall be to a court of competent jurisdiction.
H.Â
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.[1]
[1]
Editor's Note: Original Sec. 11, Transitional provisions,
which immediately followed this section, was deleted 11-18-2010 STM
by Art. 3.
