[HISTORY: Adopted by the Town Meeting of the Town of Charlton 5-16-2011 ATM by Art.
20. Amendments noted where applicable.]
A.
The United States Environmental Protection Agency has identified
sedimentation from land disturbance activities and polluted stormwater
runoff from land development and redevelopment as major sources of
water pollution, impacting drinking water supplies, natural habitats,
and recreational resources. Regulation of activities that result in
the disturbance of land and the creation of stormwater runoff is necessary
for the protection of the Town of Charlton water bodies and groundwater
resources, to safeguard the health, safety, and welfare of the general
public and protect the natural resources of the Town.
B.
Increased volumes of stormwater, contaminated stormwater runoff from
impervious surfaces, and soil erosion and sedimentation are major
causes of:
(1)
Impairment of water quality and decreased flow in lakes, ponds, streams,
rivers, wetlands and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Erosion of stream channels;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Flooding; and
(6)
Overloading or clogging of municipal catch basins and storm drainage
systems.
C.
The objectives of this bylaw are to:
(1)
Protect water resources;
(2)
Require practices that eliminate soil erosion and sedimentation;
(3)
Control the volume and rate of stormwater runoff resulting from land
disturbance activities in order to minimize potential impacts of flooding;
(4)
Require practices to manage and treat stormwater runoff generated
from new development and redevelopment;
(5)
Protect groundwater and surface water from degradation or depletion;
(6)
Promote infiltration and the recharge of groundwater;
(7)
Prevent pollutants from entering the municipal storm drainage system;
(8)
Ensure that soil erosion and sedimentation control measures and stormwater
runoff management practices are incorporated into the site planning
and design process and are implemented and maintained;
(9)
Ensure adequate long-term operation and maintenance of stormwater
best management practices;
(10)
Require practices to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary
waste at construction sites that may cause adverse impacts to water
quality;
(11)
Comply with state and federal statutes and regulations relating
to stormwater discharges; and
(12)
Establish the Town of Charlton's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring
and enforcement.
As used in this bylaw, the following terms shall have the meanings
indicated:
The owner(s) of land abutting the land disturbance site.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00).
Any activity on an area of land that changes the water quality,
or the force, quantity, direction, timing or location of runoff flowing
from the area. Such changes include: change from distributed runoff
to confined, discrete discharge; change in the volume of runoff from
the area; change in the peak rate of runoff from the area; and change
in the recharge to groundwater on the area.
Any "person" as defined below requesting a stormwater and
erosion control permit for proposed land-disturbance activity.
The Conservation Commission and its employees or agents will
be in charge of enforcing the requirements of this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
Any activity that removes the vegetative surface cover. Clearing
activities generally include grubbing activity as defined below.
Excess or discarded building or construction site materials
that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action, including clearing and grubbing, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel, or similar earth material.
A professional engineer or other trained professional selected
by the Conservation Commission and retained by the holder of a stormwater
and erosion control permit to periodically inspect the work and report
to the Conservation Commission.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a registered professional engineer (P.E.) or a certified professional
in erosion and sediment control (CPESC), which includes best management
practices, or equivalent measures designed to control surface runoff,
erosion and sedimentation during pre-construction and construction-related
land disturbance activities. If a project requires a stormwater pollution
prevention plan (SWPPP) per the NDPES General Permit for Stormwater
Discharges from Construction Activities (and as amended), the applicant
may submit the SWPPP for review as an equal to the erosion and sediment
control plan.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
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 roof
tops. Impervious surface also includes soils, gravel driveways, and
similar surfaces with a runoff coefficient (Rational Method) greater
than 85.
Any activity, including clearing and grubbing, that causes
a change in the position or location of soil, sand, rock, gravel,
or similar earth material.
An area or parcel of land or any part thereof, in common
ownership, designated on a plan filed with the administration of the
Zoning Bylaw by its owner or owners as a separate lot.
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
The policy issued by the Department of Environmental Protection,
as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and the Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56. The
policy addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
The system of conveyances designed or used for collecting
or conveying stormwater, including 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 Charlton.
Diffuse sources of pollutants that affect water quality and
are or may be contained in runoff that is discharged into waters of
the Commonwealth.
A plan describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
The point at which stormwater flows out from a discernible,
confined point source or discrete conveyance into waters of the Commonwealth.
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociologic, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
A person with a legal or equitable interest in property.
The person who holds a stormwater and erosion control permit
and therefore bears the responsibilities and enjoys the privileges
conferred thereby.
Any 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 discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface that results in no net impervious
area increase.
Owner(s), persons with financial responsibility, and persons
with operational responsibility.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Earth materials including duff, humic materials, sand, rock
and gravel.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A document containing narrative, drawings and details prepared
by a registered professional engineer (P.E.), which includes structural
and nonstructural best management practices to manage and treat stormwater
runoff generated from regulated development activity. A stormwater
management plan also includes an operation and maintenance plan describing
the maintenance requirements for structural best management practices.
The stormwater management plan shall comply with all applicable Mass.
DEP and Federal EPA requirements.
The Conservation Commission will serve in this capacity.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Total suspended solids, material, including but not limited
to trash, debris, soils, sediment and sand suspended in stormwater
runoff.
Confined basin depression which, at least in most years,
holds water for a minimum of two (2) continuous months during the
spring and/or summer, and which is free of adult fish populations,
as well as the area within one hundred (100) feet of the mean annual
boundary of such a depression, regardless of whether the site has
been certified by the Mass. Division of Fisheries and Wildlife.
A natural or man-made channel through which water flows,
including a river, brook, or stream.
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40.
Wet meadows, marshes, swamps, bogs, areas where groundwater,
flowing or standing surface water or ice provide a significant part
of the supporting substrate for a plant community for at least five
(5) months of the year; emergent and submergent communities in inland
waters; that portion of any bank which touches any inland water.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental
Protection Agency found in the December 8, 1999 Federal Register.
This bylaw shall apply to all land-disturbing activities within
the jurisdiction of the Town of Charlton that results in land disturbance
of forty-three thousand five hundred sixty (43,560) square feet [one
(1) acre] or more.
A.
Regulated activities. Regulated activities shall include, but not
be limited to:
(1)
Land disturbance of greater than forty-three thousand five hundred
sixty (43,560) square feet, associated with construction or reconstruction
of structures.
(2)
Development or redevelopment involving multiple separate activities
in discontinuous locations or on different schedules if the activities
are part of a larger common plan of development that all together
disturbs forty-three thousand five hundred sixty (43,560) square feet
or more of land.
(3)
Paving or other change in surface material over an area of forty-three
thousand five hundred sixty (43,560) square feet or more causing a
significant reduction of permeability or increase in runoff.
(4)
Construction of a new drainage system or alteration of an existing
drainage system or conveyance serving a drainage area of more than
forty-three thousand five hundred sixty (43,560) square feet.
(5)
Any other activity altering the surface of an area exceeding forty-three
thousand five hundred sixty (43,560) square feet that will, or may,
result in increased stormwater runoff flowing from the property into
a public way or the municipal storm drainage system.
B.
Exempt activities. The following activities are exempt from the requirements
of this bylaw:
(1)
Normal maintenance and improvement of Town-owned public ways and
appurtenances.
(2)
Normal maintenance and improvement of land in agricultural use.
(3)
Repair of septic systems when required by the Board of Health for
the protection of public health.
(4)
The construction of fencing that will not alter existing terrain
or drainage patterns.
(5)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) that will not alter terrain or drainage patterns.
A.
The Charlton Conservation Commission shall administer this bylaw.
Any powers granted to or duties imposed upon the Conservation Commission
may be delegated in writing to its agent.
B.
The Conservation Commission and its agents shall review all applications
for a stormwater and erosion control permit, conduct inspections,
issue a final permit and conduct any necessary enforcement action.
Following receipt of a completed application, the Conservation Commission
shall seek review and comments from the Planning Board and the Public Works
Department. The Conservation Commission shall not make a decision
on the stormwater and erosion control permit until it has received
comments from the Planning Board and Public Works Department or until
fourteen (14) days have elapsed after receipt of the application materials
without submission of comments thereon.
[Amended 5-20-2019 ATM by Art. 12]
C.
The Conservation Commission may adopt and periodically amend stormwater
regulations relating to receipt and content of stormwater and erosion
control permit applications; review time periods, permit terms, conditions,
additional definitions, enforcement, fees (including application,
inspection, and/or consultant fees), procedures and administration
of this bylaw by majority vote of the Conservation Commission, after
conducting a public hearing to receive comments on any proposed revisions.
Such hearing dates shall be advertised in a newspaper of general local
circulation, at least seven (7) days before the hearing date. After
public notice and hearing, the Conservation Commission may promulgate
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Conservation Commission to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
D.
The Conservation Commission will refer to the policy, criteria and
information, including specifications and standards of the latest
edition of the Massachusetts Stormwater Management Policy for execution of the provisions of this bylaw.
E.
The applicant will publish a notice in the local newspaper that the
Conservation Commission is accepting comments on the stormwater and
erosion control permit application. The stormwater and erosion control
permit application shall be available for inspection by the public
during normal business hours at the Town Hall for five (5) business
days from the notice. A public hearing is not required. The public
may submit their comments within the time that the stormwater and
erosion control permit application is available for inspection. Comments
may be submitted to the Conservation Commission during business hours.
F.
Filing an application for a stormwater and erosion control permit
grants the Conservation Commission, or its agent, permission to enter
the site to verify the information in the application and to inspect
for compliance with permit conditions.
G.
The Conservation Commission may:
(1)
Approve the application and issue a permit if it finds that the proposed
plan will protect water resources and meets the objectives and requirements
of this bylaw;
(2)
Approve the application and issue a permit with conditions, modifications,
requirements for operation and maintenance requirements of permanent
structural BMPs, designation of responsible party, or restrictions
that the Conservation Commission determines are required to ensure
that the project will protect water resources and will meet the objectives
and requirements of this bylaw; or
(3)
Disapprove the application and deny a permit if it finds that the
proposed plan will not protect water resources or fails to meet the
objectives and requirements of this bylaw. If the Conservation Commission
finds that the applicant has submitted insufficient information to
describe the site, the work, or the effect of the work on water quality
and runoff volume, the Conservation Commission may disapprove the
application, denying a permit.
H.
The Conservation Commission shall take final action on an application
within thirty (30) days from submission. Failure to take action shall
be deemed to be approval of said application.
I.
Appeals of action by the Conservation Commission. A decision of the
Conservation Commission shall be final. Further relief of a decision
by the Conservation Commission made under this bylaw shall be reviewable
in the Superior Court in an action filed within ten (10) days thereof.
The remedies listed in this bylaw are not exclusive of any other remedies
available under any applicable federal, state or local law.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 175-4 of this bylaw.
The Conservation Commission shall establish fees to cover expenses
connected with application review and monitoring permit compliance.
The fees shall be sufficient to cover Town secretarial staff and professional
staff. The Conservation Commission is also authorized to retain and
charge the applicant fees to cover a registered professional engineer
or other professional consultant to advise the Conservation Commission
on any or all aspects of the project. The applicant for a stormwater
and erosion control permit may be required to establish and maintain
an escrow account to cover the costs of said consultants. Applicants
must pay review fees to the Conservation Commission before the review
process may begin.
The Conservation Commission may require the permittee to post,
before the start of land disturbance activity, a surety bond, irrevocable
letter of credit, cash, or other acceptable security. The form of
the bond shall be approved by Town Counsel, and be in an amount deemed
sufficient by the Conservation Commission to insure that the work
will be completed in accordance with the permit. If the project is
phased, the Conservation Commission may release part of the bond as
each phase is completed in compliance with the permit, but the bond
may not be fully released until the Conservation Commission has received
the final report as required in the regulations and issued a certificate
of completion.
A.
The Conservation Commission may waive strict compliance with any
requirement of this bylaw or the rules and regulations promulgated
hereunder, where such action:
B.
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the bylaw does not further the purposes or objectives of this bylaw.
C.
All waiver requests shall be discussed and a decision will be made
by the Conservation Commission within thirty (30) days of receiving
the waiver request.
D.
If, in the Conservation Commission's opinion, additional time or
information is required for review of a waiver request, the Conservation
Commission may continue a consideration of the waiver request to a
date certain announced at the meeting. In the event the applicant
objects to a continuance, or fails to provide requested information,
the waiver request shall be denied.
A.
The Conservation Commission or its authorized agent shall enforce
this bylaw, its regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations.
B.
Orders. The Conservation Commission or its authorized agent may issue
a written order to enforce the provisions of this bylaw or the regulations
thereunder, which may include:
(1)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw or provisions of the stormwater
and erosion control permit;
(2)
Maintenance, installation or performance of additional erosion and
sediment control measures;
(3)
Monitoring, analyses, and reporting;
(4)
Remediation of erosion and sedimentation resulting directly or indirectly
from the land-disturbing activity;
(5)
Compliance with the operation and maintenance plan.
(6)
If the enforcing person determines that abatement or remediation
of erosion and sedimentation 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 of Charlton may, at its option, undertake such work, and
the property owner shall reimburse the Town's expenses.
(7)
Within thirty (30) days after completing all measures necessary to
abate the violation or to perform remediation, the violator (if different
than the property owner) and the property owner shall be notified
of the costs incurred by the Town of Charlton, including administrative
costs. The violator or property owner may file a written protest objecting
to the amount or basis of costs with the Conservation Commission within
thirty (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 thirty (30) days following a decision
of the Conservation Commission 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, as provided in MGL c. 59, § 57, after the thirty-first
(31st) day following the day on which the costs were due.
C.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than three hundred dollars ($300). Each day or
part thereunder that such violation occurs or continues shall constitute
a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Charlton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, which has been adopted by the Town in Chapter 10, Penalties, Article I, of the General Bylaws, in which case the Conservation Commission or authorized agent shall be the enforcing person. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Tax liens. The Town of Charlton shall require the repayment of services
provided to the responsible party which the responsible party was
obligated to perform as put forth in the operation and maintenance
plan. Such services may include but are not limited to the following:
removing sediment from stormwater devices, repairing stormwater devices
or revegetating stormwater devices. The Town will send the responsible
party a bill for services provided. If the bill is not paid, the Town
may impose a tax lien on the responsible party or parties' property.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
A.
Increased volumes of stormwater and contaminated stormwater runoff
are major causes of: 1) impairment of water quality and reduced flow
in lakes, ponds, streams, rivers, wetlands and groundwater; 2) contamination
of drinking water supplies; 3) alteration or destruction of aquatic
and wildlife habitat; and 4) flooding. The United States Environmental
Protection Agency has identified land disturbance and polluted stormwater
runoff as major sources of water pollution. Regulation of illicit
connections and discharges to the municipal storm drainage system
is necessary for the protection of the Town of Charlton's water
bodies and groundwater resources and to safeguard the public health,
safety, and welfare and the natural resources of the Town.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Charlton's municipal
storm drainage system;
(2)
To prohibit illicit connections and unauthorized discharges to the
municipal storm drainage system;
(3)
To require the 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 for the Town of Charlton to ensure
its compliance with the provisions of this bylaw through inspection,
monitoring, and enforcement.
For the purposes of this bylaw, the following definitions shall
apply:
Often referred to as the "CWA," the Clean Water Act is found
in the Federal Water Pollution Control Amendment of 1972 (33 U.S.C.
§ 1251 et seq.), with subsequent amendments.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth from any source.
Water beneath the surface of the ground, including confined
or unconfined aquifers.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage system, including
without limitation 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 drainage system that is not composed entirely of stormwater, except as exempted in § 175-18. The term does not include a discharge regulated and in compliance with its own separate NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to § 175-18B of this bylaw.
The system of conveyances designed or used for collecting
or conveying stormwater, including 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 Charlton.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Diffuse sources of pollutants that affect water quality and
are or may be contained in runoff that is discharged into waters of
the Commonwealth.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
Any 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 discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heat, or other matter, whether
originating at a point or nonpoint source, that is considered toxic
to humans or the environment. Pollutants shall include, but not be
limited to:
Paints, varnishes, and solvents;
Automotive oil and other fluids;
Cleaning products and other hazardous and nonhazardous liquids.
Solid waste, refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Fats and oils and grease;
Yard waste, pesticides, herbicides, and fertilizers;
Poisons, hazardous materials and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Pet and 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 system of conveyances designed or used for collecting
or conveying domestic and industrial wastewater, owned or operated
by the Town of Charlton.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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.
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, byproduct
or waste product.
A natural or man-made channel through which water flows,
or a stream of water, including, but not limited to, a river, brook
or underground stream.
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This bylaw shall apply to all flows and dumping to the municipal
storm drainage system, waters of the Commonwealth and adjoining land
areas that drain to waters of the Commonwealth in the Town of Charlton.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental
Protection Agency found in the December 8, 1999 Federal Register.
The Conservation Commission shall administer, implement and
enforce this bylaw. Any powers granted to the Conservation Commission
may be delegated in writing to its designated agent.
The Conservation Commission may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Conservation
Commission to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
A.
Prohibited activities.
(1)
Illicit discharges. No person shall dump, discharge, cause, or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drainage system, into a watercourse, or into the waters
of the Commonwealth.
(2)
Illicit connections. No person shall construct, use, allow, maintain,
or continue any illicit connection to the municipal storm drainage
system, regardless of whether the connection was permissible under
applicable law, regulation, or custom at the time of connection.
(3)
Obstruction of municipal storm drainage system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drainage system without prior written approval from
the Conservation Commission or its agent.
B.
Exemptions.
(1)
Discharge or flow resulting from fire-fighting activities;
(2)
The following non-stormwater discharges or flows are exempt from
this bylaw, provided that the source is not a significant contributor
of a pollutant to the municipal storm drainage system:
(a)
Waterline flushing;
(b)
Flow from potable water sources;
(c)
Springs;
(d)
Natural flow from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater;
(h)
Discharge from landscape irrigation or lawn watering;
(i)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated swimming pool water [less than
one (1) ppm chlorine], provided test data is submitted to the Town
substantiating that the water meets the one (1) ppm standard, and
the pool is drained in such a way as not to cause a nuisance or public
safety issue and complies with all applicable Town bylaws;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is given to the Conservation
Commission prior to the time of the test;
(n)
Non-stormwater discharge permitted under an NPDES permit or
a surface water discharge permit, waiver, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency or the Department of Environmental Protection, provided
that the discharge is in full compliance with the requirements of
the permit, waiver, or order and applicable laws and regulations;
and
(o)
Discharge for which advance written approval is received from
the Conservation Commission as necessary to protect public health,
safety, welfare or the environment.
(3)
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government, or by the Charlton Town Administrator, Board
of Selectmen or Board of Health.
The owner of a sump pump discharging to the municipal storm drainage system shall register the discharge with the Conservation Commission by February 1, 2012. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 175-17 of this bylaw.
The Conservation Commission may suspend municipal storm drainage
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 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 Conservation
Commission may take all reasonable steps to prevent or minimize harm
to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the Commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 175-17 of this bylaw.
A.
Authorized agent. The Conservation Commission or its authorized agent
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,
regulations, permit, notice, or order issued thereunder, the Conservation
Commission may seek injunctive relief in a court of competent jurisdiction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
C.
Orders.
(1)
The Conservation Commission or its authorized agent may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include:
(2)
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 of Charlton may, at its option, undertake such work, and all
costs incurred by the Town shall be charged to the violator, to be
recouped through all available means, including the placement of liens
on the property.
(3)
Within thirty (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 protest objecting to the amount or basis of costs with
the Conservation Commission within thirty (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
thirty (30) days following a decision of the Conservation Commission
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 thirty-first (31st) day at which the costs first become
due.
D.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder shall be punished by
a fine of not more than three hundred dollars ($300). Each day or
part thereof that such violation occurs or continues shall constitute
a separate offense.
E.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town of Charlton may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the Conservation Commission or its authorized agent shall
be the enforcing person. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
F.
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 Conservation Commission, 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 Conservation Commission deems reasonably necessary.
G.
Appeals. The decisions or orders of the Conservation Commission shall
be final. Further relief shall be to a court of competent jurisdiction.
H.
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 sixty (60) days from
the effective date of the bylaw to comply with its provisions or petition
the Conservation Commission for an extension.
