[Amended 11-18-2010 STM by Art. 3]
A. 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. The objectives of this bylaw are to:
(1) Prevent pollutants from entering Hadley's municipal separate
storm sewer system (MS4);
(2) Prohibit illicit connections and unauthorized discharges to the MS4;
(3) Require the removal of all such illicit connections;
(4) Comply with state and federal statutes and regulations relating to
stormwater discharges;
(5) Establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement; and
(6) Prevent contamination of drinking water supplies.
For the purposes of this bylaw, the following shall mean:
BEST MANAGEMENT PRACTICE (BMP)
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).
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 storm drain systems or into the waters of the United
States or commonwealth from any source.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
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.
ILLICIT CONNECTION
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.
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
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 Hadley.
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
or that causes a violation of the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00. Pollutants shall include:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
I.
Rock, sand, salt, and soils;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
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 on public or private ways within the Town
of Hadley.
SURFACE WATER DISCHARGE PERMIT
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.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
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.
UNCONTAMINATED
Water containing no pollutants or that does not violate the
Massachusetts Surface Water Quality Standards as defined in 314 CMR
4.00.
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, by-product
or waste product.
WATERCOURSE
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.
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 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.
[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.
[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.
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.