[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2007 STM by Art. 11; amended 11-18-2013 STM by Art. 16]
A.
Increased volumes of stormwater and contaminated stormwater runoff
are major causes of: (1) impairment of water quality and flow in lakes,
ponds, streams, rivers, wetlands and groundwater; (2) contamination
of drinking water supplies; (3) alteration or destruction of aquatic
and wildlife habitat; and (4) flooding. The United States Environmental
Protection Agency has identified land disturbance and polluted stormwater
as major sources of water pollution. Regulation of illicit connections
and discharges to the municipal storm drain system is necessary for
the protection of the Town of Dedham's water bodies and groundwater,
and to safeguard the public health, safety, welfare and the natural
resources of the Town.
B.
The objectives of this by-law are:
(1)
To prevent pollutants from entering the Town of Dedham's municipal
storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges to the
Town;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this by-law through inspection, monitoring, and enforcement;
For the purposes of this by-law, the following shall mean:
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 the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
Water beneath the surface of the ground.
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.
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.
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.
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.
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.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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; and
And noxious or offensive matter of any kind.
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.
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.
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.
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.
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 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.
A.
Exemptions from the by-law are as follows:
(1)
Discharge or flow resulting from fire fighting activities.
(2)
Discharge or flow that results from conditions that require immediate
action and occurs during a state of emergency declared by any agency
of the Federal or State Government, or by the Dedham Town Manager,
Board or Selectmen or Board of Health.
[Amended 11-17-2014 ATM
by Art. 18]
B.
The following non-stormwater discharges or flows are exempt from
the prohibition of non-stormwater provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system:
(1)
Waterline flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine) provided test data is submitted to the Town substantiating
that the water meets the one ppm standard and the pool is drained
in such a way as not to cause a nuisance or public safety issue, and
complies with all applicable Town by-laws;
(12)
Discharge from street sweeping;
(13)
Dye testing;
(14)
Non-stormwater 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;
and
(15)
Discharge for which advanced written approval is received from
the Conservation Commission and the Department of Public Works as
necessary to protect public health, safety, welfare or the environment.
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.
A.
Authorized agents. The Department of Public Works, or an authorized
agent of the Department of Public Works, shall enforce this by-law,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
B.
Civil relief. If a person violates the provisions of this by-law,
regulations, permit, notice, or order issued thereunder, the Department
of Public Works may seek injunctive relief in a court of competent
jurisdiction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
C.
Orders. The Department of Public Works, or an authorized agent of
the Department of Public Works, may issue a written order to enforce
the provisions of this by-law or the regulations thereunder, which
may include: (a) elimination of illicit connections or discharges
to the municipal separate storm sewer system; (b) performance of monitoring,
analyses, and reporting; (c) that unlawful discharges, practices,
or operations shall cease and desist; and (d) remediation of contamination
in connection therewith.
D.
If the enforcing person determines that abatement or remediation
of contamination is required, the order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
Town of Dedham may, at its option, undertake such work, and expenses
thereof shall be charged to the violator.
E.
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 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 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 G.L. Ch. 59, S. 57 after the 31st
day at which the costs first become due.
F.
Enforcement. The penalty for violations of any provision of this
by-law, regulation, order or permit issued thereunder, shall be $300.
G.
Entry to perform duties under this by-law. 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 by-law and regulations and may
make or cause to be made such examinations, surveys or sampling as
the Department of Public Works deems reasonably necessary.
H.
Appeals. The decisions or orders of the Department of Public Works
shall be final. Further relief shall be to a court of competent jurisdiction.
I.
Remedies not exclusive. The remedies listed in this by-law are not
exclusive of any other remedies available under any applicable federal,
state or local law.
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.
