[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. V, § 21, of the General Bylaws]
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution and MGL c. 43B, § 13. The Board of Selectmen is delegated hereby the responsibility and authority to enforce and administer this bylaw. The Board of Selectmen may redelegate such aspects of bylaw enforcement and administration to the Highway Superintendent and such of his subordinates as the Board of Selectmen may from time to time determine and designate in a writing.
In partial fulfillment of the obligations of the Town under the Clean Water Act (33 U.S.C. § 1251 et seq.) (the "Act") and under the Town's National Pollutant Discharge Elimination System Stormwater Permit, the Town hereby establishes a comprehensive and fair system of regulation of discharges to the Town's municipal separate storm sewer system (sometimes referred to herein as the "MS4").
The purpose and intent of this bylaw is to:
Protect the water of the U.S. as defined in the Act and implementing regulations from uncontrolled discharges of stormwater or discharges of contaminated water which have a negative impact on the receiving waters by changing the physical, biological and chemical composition of the water resulting in an unhealthy environment for aquatic organisms, wildlife and people; and
Reduce discharges of contaminated water into the MS4 and resultant discharges from the MS4 into waters of the U.S. and improve surface water quality; and
Permit and manage reasonable access to the MS4 to facilitate proper drainage; and
Assure that the Town can continue to fairly and responsibly protect the public health, safety and welfare.
As used in this article, the following terms shall have the meanings indicated:
- The Board of Selectmen and, to the extent delegated and designated, shall include the Highway Superintendent and his subordinates.
- CONTAMINATED WATER
- Water that contains higher levels of pollutants, including, without limitation implied, heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria, than permitted in waters of the U.S. by the Act and implementing regulations.
- DIRECT CONNECTION
- Any discernible, confined and discrete conveyance, including but not limited to any pipe, drain, channel, conduit, tunnel, or swale, whether above ground or below ground, which directs water into the MS4.
- DIRECT CONNECTION LICENSE
- A license granted by the Town for the continued maintenance by an owner of a direct connection to the MS4.
- Any non-naturally occurring addition of water or of stormwater to the MS4.
- An act or omission of any person or entity the proximate result of which is the introduction of a pollutant into the MS4.
- EXEMPTED DISCHARGES
- Discharges from the following sources unless in any instance such discharge would result in a substantial and continuing increase in the level of a pollutant in the waters of the U.S.:
- A. Water line flushing.
- B. Landscape irrigation.
- C. Diverted stream flows.
- D. Rising ground water.
- E. Pumped ground water.
- F. Discharges from potable water sources.
- G. Foundation drains.
- H. Air conditioning condensation.
- I. Irrigation water.
- J. Springs.
- K. Water from crawl space pumps.
- L. Footing drains.
- M. Lawn watering.
- N. Individual residential car washing.
- O. Flows from riparian habitats and wetlands.
- P. Dechlorinated swimming pool discharges (e.g., where the discharge contains less than one ppm of chlorine).
- Q. Street wash water.
- R. Rain runoff from roofs.
- EXISTING SOURCE
- Any building, structure, facility or installation from which there is a flow of stormwater or exempted discharge, the construction of which building, structure, facility or installation occurred prior to the promulgation of this bylaw.
- ILLICIT CONNECTION
- Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4.
- ILLICIT DISCHARGE
- Any release into the MS4 of contaminated water, any discharge of stormwater from a direct connection for which a direct connection license is not in force and effect, any discharge which is not an exempted discharge, or any discharge from an indirect connection not in compliance with this bylaw.
- INDIRECT CONNECTION
- The natural drainage of stormwater over or under the surface of the ground (whether instigated by human endeavor or not) via gravity into the MS4.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
- The stormwater collection system which is made up of open watercourses, swales, ditches, culverts, canals, streams, catch basins and pipes through which the stormwater flows and the Town public ways over which it flows which is owned and operated by the Town for the purpose of collecting or conveying stormwater to a discharge point.
- NEW SOURCE
- Any building, structure, facility or installation from which there is or may be a discharge of stormwater, the construction of which building, structure, facility or installation commenced after adoption of this bylaw.
- NPDES PERMIT
- The National Pollution Discharge Elimination System Permit issued by the Federal Environmental Protection Agency to the Town.
- The owner of a parcel of land recorded in the Assessor's Office of the Town.
- Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, rock, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel.
- PUBLIC WAYS
- Any road (including such appurtenances as berms, curbs, drains, catch basins, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper layout) to which the public has access and that the Town is responsible for maintaining.
- Rainfall that exceeds the soil's capacity contemporaneously to absorb it and which, instead, runs across the surface of the ground as runoff.
No person or entity shall do or suffer to be done any dumping into the MS4, including, without limitation implied, the placing or emptying into any catch basin or other portal to the MS4 of any pollutant.
No owner shall cause an illicit discharge to be made to the MS4, whether from a direct or indirect connection.
No direct connections, whether from a new or existing source, shall be installed after the effective date of this bylaw.
Direct connection from an existing source shall be allowed to continue after the effective date, provided that:
Indirect connections from existing sources shall be allowed, provided that:
Indirect connections from new sources shall be allowed, provided that:
Any person or entity which causes or suffers to occur a dumping shall be subject to a fine of $100.
Any owner who causes or suffers to occur an illicit discharge to emanate from his property shall be subject to a fine of $100 per day for each day that the illicit discharge continues after notice thereof is given by or at the direction of the Board of Selectmen.
Any owner who allows a direct connection to be maintained on his property (whether or not it results in an illicit discharge) without applying for and receiving a direct connection license from the Town shall be subject to a fine of $100 per day for each day that the unlicensed direct connection continues after the deadline set for abatement by the Board of Selectmen.
The penalties set out herein may be assessed by the Board of Selectmen and are in addition to and not in substitution for any remedial action the Board of Selectmen may order under the enforcement section of this bylaw.
Violations of § 210-6A (dumping) of this bylaw shall be disposed of through the noncriminal procedure specified in MGL c. 40, § 21D.
If an illicit discharge or a dumping occurs or an illicit connection is maintained, the Board shall give or cause to be given written notice directed to the owner of the parcel from which the illicit discharge is emanating or on which the illicit connection is maintained ordering an immediate cessation of any act or condition in violation of this bylaw.
The Board, either with such notice or at any reasonable time thereafter, may order the owner of any such person or entity to begin and thereafter diligently prosecute to completion such remediation efforts as the Board in their reasonable discretion may deem appropriate.
If the Board determines that the Illicit discharge resulted from a direct connection to the MS4, the Board shall revoke owner's direct connection license forthwith. After owner has fully completed all remediation ordered by the Board, owner may hereafter apply to the Board on the form and utilizing the procedures from time to time prescribed by the Board, for a new direct connection license, which the Board shall consider in the same manner as any other new application.
Any person or owner aggrieved by an action of the Board which was an action taken by the Board at a meeting of which the aggrieved person or owner was given notice and was afforded the opportunity to present evidence and argument with a view to causing the Board to modify its earlier action (such action being a "final action") then, with respect to all other actions of the Board, within 30 days of such Board action, the aggrieved person or owner shall request a hearing before the Board at which they shall be afforded the opportunity to present evidence and argument concerning final action by the Board. The Board shall hold such hearing within a reasonable time following its request and within a reasonable time thereafter shall either confirm the Board's previous action or order such other final action as it may determine.
A person or owner aggrieved by a decision of the Board of Selectmen under this bylaw may appeal such decision to the appropriate court of competent jurisdiction.
If any clause, section or other part of this bylaw shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this bylaw shall not be affected thereby but shall remain in full force and effect.