[Adopted 5-14-2018 ATM by Art. 20]
A.
The purpose of this bylaw is to eliminate non-stormwater discharges
to the Town of Norton's municipal storm drain system. Non-stormwater
discharges contain contaminants and supply additional flows to the
Town of Norton's storm drain system. Non-stormwater discharges
are major causes of:
B.
The United States Environmental Protection Agency has identified
land disturbance and polluted stormwater as major sources of water
pollution. Regulation of illicit connections and discharges to the
municipal storm drain system is necessary for the protection of the
Town of Norton's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the natural resources of the
Town.
C.
The objectives of the bylaw are:
(1)
To prevent pollutants from entering the storm drain;
(2)
To prohibit illicit connections and unauthorized discharges to the
storm drain;
(3)
To remove 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 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 Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
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 from any source.
Any surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain 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 drain system that is not composed entirely of stormwater, except as exempted in § 163-21. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to § 163-21A of this bylaw.
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.
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 structures that together comprise
the storm drainage system owned or operated by the Town of Norton.
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.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
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 materials,
intermediate product, finished product, or waste product.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
(DEP) 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 materials, intermediate product, finished product, by-product
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including 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 flows entering the municipal storm
drainage system.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act, and pursuant to 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 Highway Department shall administer, implement and enforce
this bylaw.
The Highway Department may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Highway Department
to promulgate such rules and regulations shall not have the effect
of suspending or invalidating this bylaw.
Prohibited activities are as follows:
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain system, into a watercourse, or into the waters
of the commonwealth.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Highway Department.
Exemptions from the application of this bylaw are as follows:
A.
Discharge or flow resulting from fire-fighting activities.
B.
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 Norton Town Manager, Board of Selectmen
or the Board of Health.
C.
The following non-stormwater discharges or flows are exempt from
the prohibition of non-stormwaters, provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system:
(1)
Water line flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided test data is submitted to the Town substantiating
that 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;
(12)
Discharge from street sweeping;
(13)
Dye testing;
(14)
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
(15)
Discharge for which advanced written approval is received from
the Conservation Commission and the Highway Department as necessary
to protect public health, safety, welfare or the environment.
The Highway Department may suspend municipal storm drain 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 Highway Department
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. In the event of a release of oil or hazardous materials,
the person shall immediately notify the municipal Fire and Police
Departments, the Conservation Commission, the Board of Health, and
the Highway Department. In the event of a release of nonhazardous
materials, the reporting person shall notify the Conservation Commission,
the Board of Health, and the Highway Department no later than the
next business day. The reporting person shall provide to the Conservation
Commission, the Board of Health and the Highway Department written
confirmation of all telephone, facsimile or in-person notifications
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.
A.
Authorized agents. The Highway Department, or an authorized agent
of the Highway Department, 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, a permit, notice, or order issued thereunder, the Highway
Department 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 Highway Department, or authorized agent of the Highway Department,
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 Norton may, at its option, undertake such work, and expenses
thereof shall be charged to the violator.
(3)
Within 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 cost 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 Highway
Department within 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 30 days following a decision
of the Highway Department 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 cost. Interest
shall begin to accrue on any unpaid costs at the statutory rate provided
in MGL c. 59, § 57 after the 31st day at which the
costs first become due.
D.
Criminal penalty. Any person who violates any provision of this bylaw,
regulations, an order or permit issued thereunder shall be punished
by a fine of not more than $3,000 for each day or part thereof that
such violation occurs or continues, and each day or part thereof a
violation exists shall constitute a separate offense.
E.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Norton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, § 1-5, of the general bylaws. The enforcing person shall be the Highway Superintendent or his agent, or such other persons as defined in the General Bylaws. The penalty for each violation shall be $250. 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 Highway Department, 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 Highway Department deems reasonably necessary.
G.
Appeals. The decisions or orders of the Highway Department 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 an applicable federal,
state, or local law.
