For the purposes of this bylaw, the following terms are defined
as follows:
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.) 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 of Massachusetts.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
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.
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, 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.
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 nonpoint 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.
Nonhazardous liquid and solid wastes and yard wastes, except
dried leaves;
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, snow melt runoff, and surface water runoff
and drainage.
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 MGL c. 21C and c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
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.
WATERS OF THE COMMONWEALTH
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.
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.
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.