[HISTORY: Adopted by the 11-7-2011 FYTM, Art. 14. Amendments noted where
applicable.]
A.
The regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town of
Brewster's water bodies and groundwater and to safeguard the
public health, safety, welfare and the environment.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Brewster's municipal
separate storm sewer system (MS4);
(2)
To prevent illicit connections and unauthorized discharges to the
MS4;
(3)
To require 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 bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following terms are defined
as follows:
The Department of Public Works (hereinafter "DPW"), its employees
or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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 of Massachusetts.
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, and these
discharges include 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.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 115-7D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or a discharge resulting from fire-fighting activities exempted pursuant to § 115-7D of this bylaw.
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, and this system includes 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
Brewster.
A permit that is issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts and 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 nonpoint 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;
Nonhazardous liquid and solid wastes and yard wastes, except
dried leaves;
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
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.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
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 MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
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.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, and those waters include, without limitation, rivers,
streams, lakes, ponds, springs, impoundments, estuaries, wetlands,
coastal waters, and groundwater.
This bylaw applies to any and all 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, the Home Rule statutes,
and the regulations of the federal Clean Water Act found at 40 CFR
122.34. Nothing in this bylaw is intended to replace the requirements
or authority of any other bylaw, state, federal or superseding authority.
The DPW shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the DPW may be delegated
in writing by the DPW to employees or agents of the DPW. The Brewster
Board of Health, Natural Resources Director or the Building Commissioner
may act as an agent of the DPW.
[Amended 11-13-2017 FYTM, Art. 13]
The DPW, through the Select Board and following a public hearing,
may promulgate rules and regulations to effectuate the purposes of
this bylaw. Failure by the DPW to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
A.
Illicit Discharge. No person shall dump, discharge, cause or allow
to be discharged any pollutant, or nonstormwater discharge into the
municipal separate storm sewer system (MS4), into a watercourse, or
into the waters of the commonwealth or abutting property.
B.
Illicit Connection. 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 the 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 DPW.
D.
Exemptions.
(1)
Discharge or flow resulting from fire-fighting activities;
(2)
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwaters provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system.
(a)
Waterline flushing;
(b)
Flows from potable water sources;
(c)
Springs;
(d)
Natural flows from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20),[1] or uncontaminated pumped groundwater (e.g., sump pump
or crawl space pump), provided that where a pump intake exists inside
a structure, the operator seeks a permit from the DPW prior to discharge,
and thereafter discharges in accordance with the requirements of the
permit and applicable laws and regulations to be issued by the DPW;
[1]
Editor's Note: See 40 CFR 35.2005(b)(20).
(h)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), or air conditioner condensation;
(i)
Discharge from landscape irrigation or lawn watering;
(j)
Water from individual residential vehicle washing, including
but not limited to cars, boats and recreational vehicles. It is recommended
that washing take place on a pervious surface, such as a lawn or other
unpaved area;
(k)
Discharges from dechlorinated swimming pool water (less than
one part per million chlorine), provided that the owner seeks a permit
from the DPW prior to discharge, and thereafter discharges in accordance
with the requirements of the permit and applicable laws and regulations
to be issued by the DPW, and provided the water is allowed to stand
for one week prior to draining, or tested for chlorine levels with
a pool test kit prior to draining, and the pool is drained in such
a way as to not cause a nuisance;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided that verbal notification is given to the
DPW prior to the time of the test, preferably at least 72 hours prior
to the start of the test;
(n)
Nonstormwater discharge permitted under a National Pollutant
Discharge Elimination System (NPDES) permit, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency, provided that the discharge is in full compliance
with the requirements of the permit, waiver or order and applicable
laws and regulations; and
(o)
Discharges for which advanced written approval is received from
the DPW as necessary to protect public health, safety, welfare or
the environment.
A.
The DPW 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
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 DPW may take all reasonable
steps to prevent or minimize harm to the public health, safety, and
welfare of the environment.
B.
Any user that denies the authorized enforcement agency reasonable
access to the user's premises for the purpose of inspection,
monitoring, records examination, or sampling of nonstormwater or stormwater
discharges is subject to discharge termination.
C.
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's
failure to immediately comply voluntarily with the suspension order,
the authorized enforcement agency may take such steps, as deemed necessary,
including immediate severance of the sewer or storm drain connection,
to prevent or minimize damage to the municipal storm drain system
or its receiving stream, or endangerment to any individuals. The authorized
enforcement agency may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the authorized
enforcement agency that the period of endangerment has passed.
Notwithstanding 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 discharge
of pollutants to the municipal drainage system or waters of the commonwealth,
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 Brewster Fire and
Police Departments, DPW and Board of Health. In the event of a release
of nonhazardous material, the reporting person shall notify the DPW
no later than the next business day. Written confirmation of all telephone,
facsimile or in-person notifications shall be provided to the DPW
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.
The DPW or an authorized agent of the DPW shall enforce this bylaw,
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 bylaw or
of the regulations, permits, notices, or orders issued thereunder,
the DPW may seek injunctive relief in a court of competent jurisdiction
to restrain the person from activities which would create further
violations or to compel the person to perform abatement or remediation
of the violation.
C.
Orders. The DPW or an authorized agent of the DPW may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
and these orders may require:
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 may, at its option, undertake such work, and the 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
objection to the amount or basis of costs with the DPW 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 DPW 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.
F.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of $100. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
G.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
provision set forth in MGL c 40, § 21D for any violation
of this bylaw or of any regulations, permit, notice, or order issued
under it. The enforcing person shall be any member of the Department
of Public Works, or the Police Department.
H.
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 DPW, 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 DPW deems
reasonably necessary.
I.
Appeals. The decisions or orders of the DPW shall be final. Further
relief shall be to a court of competent jurisdiction.
J.
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 120 days from the effective
date of the bylaw to comply with its provisions, provided that good
cause is shown for the failure to comply with the bylaw during that
period.
