For the purposes of this bylaw, the following shall mean:
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.).
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into any water resource.
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 bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
165-17. 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 §
165-17 of this bylaw.
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 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 Bellingham.
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 water resource. Pollutants
shall include without limitation:
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, 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.
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
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(hereinafter DEP) pursuant to 314 CMR 3.00, that authorizes the discharge
of pollutants to a water resource.
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 such substance, defined as toxic or hazardous under M.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, 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.
WATER RESOURCE
The MS4 and all public and private receiving surface and
ground waters, including all waters within the jurisdiction of the
Commonwealth of Massachusetts, including, without limitation, rivers,
streams, lakes, ponds, springs, impoundments, estuaries, wetlands,
coastal waters, and groundwater.
This bylaw shall apply to flows entering the municipally owned
storm drainage system.
This bylaw 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.
The Board shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Board may be delegated
in writing by the Board to employees or agents of the Board.
The Board may promulgate rules and regulations to effectuate
the purposes of this bylaw. Failure by the Board to promulgate such
rules and regulations shall not have the effect of suspending or invalidating
this bylaw.
The Board 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 authorized enforcement agency
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 Fire Department, Police Department,
Board of Health, and Department of Public Works. In the event of a
release of nonhazardous material, the reporting person shall notify
the authorized enforcement agency no later than the next business
day. The reporting person shall provide to the authorized enforcement
agency 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 Board or an authorized agent of the Board shall enforce
this bylaw, regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations.
A. Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Board
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.
B. Orders.
(1) The Board or an authorized agent of the Board may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(a)
Elimination of illicit connections or discharges to the MS4;
(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.
(2) 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
Board may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(3) 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 Board, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Board 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
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 M.G.L. ch. 59,
§ 57, after the 31st day at which the costs first become
due.
C. Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder shall be subject to arrest and be punished by a fine as noted in Chapter
1, General Provisions, Article
III, §
1-7, General penalty for violation of bylaws.
D. 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, 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 deems
reasonably necessary.
E. Appeals. The decisions or orders of the Board shall be final. Further
relief shall be to a court of competent jurisdiction.
F. 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.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this bylaw 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 bylaw.
Residential property owners shall have 180 days from the effective
date of the bylaw to comply with its provisions, provided good cause
is shown for the failure to comply with the bylaw during that period.