[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]
[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:
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]
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.
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.
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.
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.:
Water line flushing.
Landscape irrigation.
Diverted stream flows.
Rising ground water.
Pumped ground water.
Discharges from potable water sources.
Foundation drains.
Air conditioning condensation.
Irrigation water.
Springs.
Water from crawl space pumps.
Footing drains.
Lawn watering.
Individual residential car washing.
Flows from riparian habitats and wetlands.
Dechlorinated swimming pool discharges (e.g., where the discharge
contains less than one ppm of chlorine).
Street wash water.
Rain runoff from roofs.
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.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the MS4.
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.
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.
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.
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.
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.
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.
A.
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.
B.
No owner shall cause an illicit discharge to be made to the MS4,
whether from a direct or indirect connection.
C.
No direct connections, whether from a new or existing source, shall
be installed after the effective date of this bylaw.
D.
Direct connection from an existing source shall be allowed to continue
after the effective date, provided that:
E.
Indirect connections from existing sources shall be allowed, provided
that:
F.
Indirect connections from new sources shall be allowed, provided
that:
A.
Any person or entity which causes or suffers to occur a dumping shall
be subject to a fine of $100.
B.
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 Select Board.
[Amended 1-30-2023 STM by Art. 1]
C.
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 Select Board.
[Amended 1-30-2023 STM by Art. 1]
D.
The penalties set out herein may be assessed by the Select Board
and are in addition to and not in substitution for any remedial action
the Select Board may order under the enforcement section of this bylaw.
[Amended 1-30-2023 STM by Art. 1]
A.
Violations of § 210-6A (dumping) of this bylaw shall be disposed of through the noncriminal procedure specified in MGL c. 40, § 21D.
B.
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.
C.
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.
D.
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.
A.
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.
B.
A person or owner aggrieved by a decision of the Select Board under
this bylaw may appeal such decision to the appropriate court of competent
jurisdiction.
[Amended 1-30-2023 STM by Art. 1]
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.
