[Adopted as Art. V, § 21, of the General Bylaws]
[Amended 1-30-2023 STM by Art. 1]
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 Select Board is delegated
hereby the responsibility and authority to enforce and administer
this bylaw. The Select Board may redelegate such aspects of bylaw
enforcement and administration to the Highway Superintendent and such
of his subordinates as the Select Board 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:
A. 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
B. 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
C. Permit and manage reasonable access to the MS4 to facilitate proper
drainage; and
D. 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:
BOARD
The Select Board and, to the extent delegated and designated,
shall include the Highway Superintendent and his subordinates.
[Amended 1-30-2023 STM by Art. 1]
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.
DISCHARGE
Any non-naturally occurring addition of water or of stormwater
to the MS4.
DUMPING
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.:
F.
Discharges from potable water sources.
H.
Air conditioning condensation.
K.
Water from crawl space pumps.
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).
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.
OWNER
The owner of a parcel of land recorded in the Assessor's
Office of the Town.
POLLUTANT
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.
STORMWATER
Rainfall that exceeds the soil's capacity contemporaneously
to absorb it and which, instead, runs across the surface of the ground
as runoff.
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.