[Adopted 5-22-2006 ATM by Art. 30]
[Amended 11-18-2010 STM by Art. 3]
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.
The objectives of this bylaw are to:
Prevent pollutants from entering Hadley's municipal separate storm sewer system (MS4);
Prohibit illicit connections and unauthorized discharges to the MS4;
Require the removal of all such illicit connections;
Comply with state and federal statutes and regulations relating to stormwater discharges;
Establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement; and
Prevent contamination of drinking water supplies.
For the purposes of this bylaw, the following shall mean:
- AUTHORIZED ENFORCEMENT AGENCY
- The Board of Health, its employees or agents designated to enforce this bylaw.
- 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.
- 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.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER 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.
- NONSTORMWATER DISCHARGE
- 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:
- 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;
- H. Animal wastes;
- 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.
- 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.
- Runoff from precipitation or snowmelt.
- 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.
- 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.
- 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.
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.
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.
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.
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.
Discharge or flow resulting from fire-fighting activities is not subject to this bylaw.
[Amended 11-18-2010 STM by Art. 3]
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:
Municipal waterline flushing;
Discharges from landscape irrigation or lawn watering;
Diverted stream flows;
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20);
Uncontaminated pumped groundwater from an emergency;
Discharges from potable water sources;
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
Individual residential car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges that do not cause a violation of the Massachusetts Surface Water Quality Standards, 314 CMR 4.00;
Street wash waters;
Dye testing, provided verbal notification is given to the Board of Health prior to the time of the test;
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;
Agricultural wash water from vegetable processing; and
Discharge for which advanced written approval is received from the Board of Health as necessary to protect public health, safety, welfare or the environment.
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.
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.
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.
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.
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.
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.
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.
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]
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.
Appeals. The decisions or orders of the Board of Health shall be final. Further relief shall be to a court of competent jurisdiction.
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.
Editor's Note: Original Sec. 11, Transitional provisions, which immediately followed this section, was deleted 11-18-2010 STM by Art. 3.