[Adopted 11-13-2007 STM by Art. 11; amended 11-18-2013 STM by Art. 16]
For the purposes of this by-law, the following shall mean:
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 the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, including
without limitation 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 by-law.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
242-8. 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 §
242-8A(1) of this by-law.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
MUNICIPAL STORM DRAIN SYSTEM OR MUNICIPAL SEPARATE STORM SEWER
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 Dedham.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, 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 non-point source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth.
Pollutants shall include without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Non-hazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
And noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
STORMWATER
Runoff from precipitation or snow melt.
SURFACE WATER DISCHARGE PERMIT
A 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,
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 G.L. Ch.21C and
Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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 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 by-law shall apply to flows entering the municipal storm
drainage system.
This by-law 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, and the Phase II ruling from the
Environmental Protection Agency found in the December 8, 1999 Federal
Register.
The Department of Public Works shall administer, implement and
enforce this by-law. Any powers granted to or duties imposed upon
the Department of Public Works may be delegated in writing by the
Department of Public Works to its employees or agents.
The Department of Public Works may promulgate rules and regulations
to effectuate the purposes of this by-Law. Failure by the Department
of Public Works to promulgate such rules and regulations shall not
have the effect of suspending or invalidating this by-law.
Prohibited activities are as follows:
A. Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain system, into a 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 written approval from the
Department of Public Works.
The Department of Public Works 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
discharge of pollutants that presents 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 Department
of Public Works may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or waters of the Commonwealth, the
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, the Conservation Commission and the Department of Public
Works. In the event of a release of non-hazardous material, the reporting
person shall notify the Conservation Commission and the Department
of Public Works no later than the next business day. The reporting
person shall provide to the Conservation Commission and the Department
of Public Works written confirmation of all telephone, facsimile or
in-person notifications 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.
The provisions of this by-law are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this by-law or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this by-law.