This article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The Department of Public Works shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Commissioner of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.
The Committee on the Department of Public Works may promulgate rules, regulations and a permitting process to effectuate the purposes of this article. Failure of the Committee on the Department of Public Works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this article.
A. 
Prohibition of illegal discharges. No person shall dump, discharge, or cause or allow to be discharged into the municipal separate storm sewer system, into a watercourse, or into the waters of the commonwealth any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
B. 
Prohibition of illicit connections. No person shall construct, use, allow, maintain, or continue any illicit connection to the municipal separate storm sewer system, regardless of whether the connection was permissible under applicable law, regulation, or custom at the time of connection.
C. 
Obstruction of municipal separate storm sewer system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal separate storm sewer system without prior approval from the authorized enforcement agency.
D. 
Exemptions. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(1) 
Discharge or flow resulting from fire-fighting activities.
(2) 
The following nonstormwater discharges or flows are exempt from prohibitions of nonstormwaters, provided that the source is not a significant contributor of a pollutant to the municipal separate storm sewer system:
(a) 
Waterline flushing or flow from other potable water sources.
(b) 
Landscape irrigation or lawn watering.
(c) 
Rising groundwater.
(d) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20) or uncontaminated pumped groundwater.
(e) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation, conducted in such a way as not to cause a nuisance.
(f) 
Springs.
(g) 
Noncommercial washing of vehicles and temporary fund-raising car wash events.
(h) 
Natural riparian habitat or wetland flows.
(i) 
Discharges from street sweepers of minor amounts of water during operations.
(j) 
Normal maintenance or improvement of land in agricultural or aquacultural use conducted in such a way as not to cause a nuisance.
(3) 
The following nonstormwater discharges or flows are exempt from prohibitions of nonstormwaters, provided that the authorized enforcement agency is verbally notified prior to the activity:
(a) 
Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(b) 
Dye testing is an allowable discharge.
(c) 
Discharges from dechlorinated swimming pool water, provided that it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining (less than one part per million chlorine), and the pool is drained in such a way as not to cause a nuisance.
(4) 
The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
A. 
Suspension due to illicit discharges in emergency situations. The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this article may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4.
In addition to other requirements of local, state, or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the United States or commonwealth, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of oil or hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via Taunton Fire Department. In the event of a release of nonhazardous materials, said person shall notify the Department of Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works, 90 Ingell Street, Taunton, MA 02780, within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
A. 
Regulatory controls. The Department of Public Works or its authorized agent shall enforce this article and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.
B. 
Civil relief. If anyone violates the provisions of this article or regulations, permit, notice, or order issued thereunder, the Department of Public Works 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 abate or remediate the violation.
C. 
Orders.
(1) 
The Department of Public Works may issue a written order to enforce the provisions of this article or the regulations thereunder, which may include:
(a) 
Elimination of illicit connections or discharges to the storm drainage system;
(b) 
Termination of access to the storm drainage;
(c) 
Performance of monitoring, analysis, and reporting;
(d) 
Cessation of unlawful discharges, practices, or operations; and
(e) 
Remediation of contamination in connection therewith.
(2) 
If the Department of Public Works determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner. 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 costs incurred by the City, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Department of Public Works 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 Department of Public Works affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a municipal charge against the property owner. The Department of Public Works shall impose a municipal charges lien as provided in MGL c. 40, § 58, and so notify the Treasurer/Collector. The passage of this article by the Municipal Council shall constitute a separate vote for this type of charge.
D. 
Criminal and civil penalties. Any person who violates any provision of this article, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder shall be subject to a fine not to exceed $300 for each day such violation occurs or continues or subject to a civil penalty which may be assessed in an action brought on behalf of the City in any court of competent jurisdiction.
E. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City of Taunton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D. The Department of Public Works shall be the enforcing entity. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third violation and subsequent violations shall be $300. Each calendar day in which a violation occurs or continues shall constitute a separate offense.
F. 
Entry to perform duties under this article. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department of Public Works, its agents or officers, and employees may enter upon privately owned property for the purpose of performing their duties under this article and regulations and may make or cause to be made such examinations, surveys or sampling as the Department of Public Works deems reasonably necessary.
G. 
Appeals. The decisions or orders of the Department of Public Works shall be final. Further relief shall be to a court of competent jurisdiction.
H. 
Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law.
Residential property owners shall have 180 days from the effective date of this article to comply with its provisions, provided that good cause is shown for the failure to comply with this article during that period.