Increased stormwater runoff and contaminated stormwater runoff
are the two major causes of impairment of lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment. The objectives of this bylaw are:
A. To help prevent pollutants from entering the Town's municipal storm
drain system;
B. To prohibit illicit connections and unauthorized discharges to the
Town's municipal storm drain system, a requirement of NPDES Phase
II General Permit (MS4);
C. To require the removal of all such illicit connections;
D. To comply with state 314 CMR 3.0 and 314 CMR 5.0 and other state
and federal statutes and regulations relating to the quantity and
quality of stormwater discharges;
E. To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement; and
F. To establish the legal authority to allow connections to the Town's
municipal storm drain system through regulation adopted by the Board
of Public Works.
For the purposes of this bylaw, the following words or terms
shall mean:
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, or structural improvement that helps
to reduce the quantity or improve the quality of stormwater runoff.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
DISCHARGE OF POLLUTANTS
The discharge from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
or wetlands of the United States or commonwealth or waters of the
Town from any source.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an unauthorized illicit discharge into the municipal storm drain system,
including without limitation sewage, process wastewater, wash water
or 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.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
246-8. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit or a surface water discharge permit, or discharge resulting from fire-fighting activities exempted pursuant to §
246-8Q of this bylaw.
IMPERVIOUS SURFACE
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.
MUNICIPAL STORM DRAIN SYSTEM
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 Marshfield.
PERSON
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.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Non-hazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues;
K.
Medical and bio-wastes; and
L.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
STORMWATER DISCHARGE
A discharge of stormwater runoff by a system of conveyances
(including pipes, conduits, ditches and channels) used for collecting
and conveying stormwater and as further defined by 314 CMR 5.04(2).
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorize the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which because of its quantity, concentration,
or 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 40.000.
WASTEWATER
Any sanitary waste, sludge, or overflow of contents from
septic tank or cesspool, 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,
by-product or waste product.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
WATERS OF THE TOWN
All waters within the Town outside the jurisdiction of the
commonwealth defined for the purpose of this bylaw.
This bylaw shall apply to all flows entering the municipally
owned 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.
The Board of Public Works shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Board
may be delegated in writing by the Board to employees or agents of
the Board. Copies of all orders of enforcement and correspondence
shall be given to the Board of Public Works for maintenance of records.
The Board of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this bylaw.
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:
B. Flow from potable water sources;
D. Natural flow from riparian habitats and wetlands;
G. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20),
or uncontaminated pumped groundwater regulated and permitted in accordance
with the Marshfield Department of Public Works Policy for Connection
into the Town's Storm Drain System;
[Amended 4-24-2017 ATM
by Art. 10]
H. Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation regulated and permitted in accordance with the Marshfield
Department of Public Works Policy for Connection into the Town's Storm
Drain System;
I. Discharge from landscape irrigation or lawn watering;
J. Water from individual residential car washing;
K. Discharge from dechlorinated swimming pool water (less than one ppm
chlorine) provided the water is allowed to stand for one week prior
to draining and the pool is drained in such a way as not to cause
a nuisance;
L. Discharge from street sweeping;
M. Dye testing, provided verbal notification is given to the Board of
Public Works 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;
O. Discharge for which advanced written approval is received from the
Board of Public Works as necessary to protect public health, safety,
welfare or the environment;
P. Exemptions as defined under 314 CMR 3.05; and
Q. Discharge of flow resulting from fire-fighting activities.
The Board of Public Works 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 authorized
enforcement agency 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, or
waters of the Town, 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 Town's Fire and Police Departments, Conservation Agent and the
Town's Health Agent and Department of Public Works. In the event of
a release of non-hazardous material, the reporting person shall notify
the Conservation Agent, the Town's Health Agent and Department of
Public Works no later than the next business day. The reporting person
shall provide to the Conservation Agent and Department of Public Works
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.
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.
Permit or license holders allowed to connect to the system shall
hold the Town harmless and the Town of Marshfield shall not be held
liable for illicit discharges to the stormwater system and receiving
areas and receiving waters caused by others.