[HISTORY: Adopted by the Annual Town Meeting of the Town
of Middleton 5-13-2014 by Art.
33. Amendments noted where applicable.]
A.
Authority. This bylaw is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34, and as authorized by the residents of the Town of
Middleton at Town Meeting, dated May 13, 2014.
B.
Purpose.
(1)
The purpose of this bylaw is to regulate discharges to the municipal
separate storm sewer system (MS4) to protect the Town of Middleton's
water bodies and groundwater and to safeguard the public health, safety,
welfare and the environment. Increased and contaminated stormwater
runoff associated with construction sites, developed land uses, and
the accompanying increase in impervious surface are major causes of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater. This is accomplished through the following:
(a)
Protect groundwater and surface water from degradation;
(b)
Promote groundwater recharge;
(c)
Require practices to control the flow of stormwater from new
and redeveloped sites into the Town storm drainage system in order
to prevent flooding and erosion;
(d)
Require practices that eliminate soil erosion and sedimentation
and control the volume and rate of stormwater runoff resulting from
land disturbance activities;
(e)
Prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4) and minimize discharge of pollutants from
the MS4;
(f)
Ensure that soil erosion and sedimentation control measures
and stormwater runoff control practices are incorporated into the
site planning and design process and are implemented and maintained;
(g)
Ensure adequate long-term operation and maintenance of structural
stormwater best management practices so that they work as designed;
(h)
Comply with state and federal statutes and regulations relating
to stormwater discharges; and
(i)
Establish the Town's legal authority to ensure compliance with
the provisions of this bylaw through inspection, monitoring, and enforcement.
(2)
Nothing in this bylaw is intended to replace the requirements of
the Town of Middleton Zoning Bylaw, General Bylaw, or any other bylaw
that may be adopted by the Town of Middleton. Any activity subject
to the provisions of the above-cited bylaws must comply with the specifications
of each.
A.
This bylaw shall be applicable to all new development and redevelopment, land disturbance, and any other activity that may result in an increased amount of stormwater runoff or pollutants, or changes to drainage characteristics causing any increases in runoff flowing from a parcel of land, unless exempt pursuant to § 204-2D of this bylaw. This bylaw shall apply to common plans for development if the total land-disturbing activities on the parcels, considered as a whole, would presently or ultimately exceed the minimum thresholds in § 204-2B and/or C and are not exempted by § 204-2D. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw.
B.
Stormwater management permit (SMP). A stormwater management permit
(SMP) is required for the following:
(1)
Any activity that will disturb or alter 20,000 square feet or more
of land.
C.
Simple stormwater management permit (SSMP). A simple stormwater management
permit (SSMP) is required for the following:
(1)
Any activity, except as exempted under § 204-2D, that will disturb or alter less than 20,000 square feet of land.
(2)
Construction or maintenance and repair of utility lines or systems
(gas, water, electric, telephone, fire alarms, drainage, etc.) that
will disturb or alter less than 20,000 square feet of land and that
will temporarily or permanently alter terrain, ground cover, or drainage
patterns.
D.
Exemptions. No person shall disturb or alter land within the Town
of Middleton without having obtained a stormwater management permit
(SMP) or simple stormwater management permit (SSMP) for the property
with the following exceptions:
(1)
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act Regulation, 310 CMR 10.04, and MGL c. 40A, § 3.
(2)
Maintenance of existing landscaping, gardens, driveways, roofs, or
lawn areas.
(3)
Normal maintenance of Town-owned public land, ways and appurtenances.
(4)
The construction of fencing that will not alter existing terrain
or drainage patterns.
(5)
Construction or maintenance and repair of utility service lines (gas,
water, electric, telephone, fire alarms, etc.) other than drainage
lines or systems, which will not alter terrain, ground cover, or drainage
patterns.
(6)
Emergency repairs in any situation that poses a threat to public
health or safety, or as deemed necessary by the SWPA.
(7)
Any work or projects for which all necessary approvals and permits,
including building permits, have been issued before the effective
date of this bylaw.
(8)
Construction of decks, patios, walkways, driveways, sheds, swimming
pools, sports courts, tennis courts, basketball courts, replacement
of wells, or replacement of septic systems on lots having an existing
dwelling, provided that the total increase in the area of new impervious
surface after the date this bylaw is adopted is less than 600 square
feet.
(9)
An increase in the footprint of a house, commercial building, or
other structure by less than 600 square feet.
(10)
Repair or upgrade of septic systems when required by the Board
of Health for the protection of public health.
(11)
Activities conducted in accordance with a forest stewardship
plan approved by the Massachusetts Department of Conservation and
Recreation.
(12)
Any construction activity or project completely within the jurisdiction
of the Conservation Commission, provided that plans include stormwater
management provisions, an order of conditions or determination of
applicability has been issued for the site, and that the activity
is in compliance with any additional performance standards contained
in the regulations promulgated to implement this bylaw. A notice of
such approval and conditions and a complete copy of the approved stormwater
plan and provisions shall be filed with the Stormwater Management
Authority before construction begins.
(13)
Any construction activity or project requiring approval under
the Subdivision Control Law where the Planning Board has approved
an application for a definitive subdivision approval and any construction
activity requiring site plan review and/or a special permit, provided
that the plans include stormwater management provisions and that the
activity is in compliance with any additional performance standards
contained in the regulations promulgated to implement this bylaw.
A notice of such approval and conditions shall be filed with the Stormwater
Management Authority before construction begins. Construction on a
lot approved under subdivision control is exempt only if the proposed
construction on such lot was included in the Stormwater Management
Plan required as part of the definitive subdivision filing, and only
if erosion control measures are proposed and installed prior to any
disturbance. If the proposed construction was not included as part
of the definitive subdivision approval, or the proposed construction
exceeds the area of impervious surface depicted for the lot on the
Stormwater Management Plan by more than 600 square feet, the construction
is subject to the requirements of the Stormwater Management Bylaw,
and requires a stormwater permit (SWP) or a simple stormwater permit
(SSWP).
A.
The Select Board shall be the appointing authority for the Stormwater
Permitting Authority (SWPA). The Stormwater Permitting Authority is
responsible for the administration, implementation, and enforcement
of this bylaw. The SWPA shall consist of five members, whom shall
permanently be the Town Superintendent of Public Works, the Planning
Coordinator, the Conservation Agent, the Public Health Director, and
the Building Commissioner. The SWPA shall administer, implement, and
enforce this bylaw. Any powers granted to or duties imposed upon the
SWPA may be delegated, in writing, by the SWPA to any Town employee,
board, or agent.
[Amended 6-5-2021 ATM by Art. 28]
B.
Rules and regulations. The Planning Board may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), procedures, administration, and appeal process of this Stormwater
Management Bylaw by majority vote, 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 days prior to the hearing date. After public notice and
public hearing, the Planning Board may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Planning
Board to promulgate such rules and regulations or a legal declaration
of their invalidity by a court shall not act to suspend or invalidate
the effect of this bylaw.
C.
Stormwater Management Handbook. The SWPA will utilize the policy,
criteria and information, including specifications and standards,
of the latest edition of the Massachusetts Stormwater Management Standards
and Handbook for execution of the provisions of this bylaw. This handbook
includes a list of acceptable stormwater treatment practices, including
the specific design criteria for each stormwater practice. The standards
and handbook may be updated and expanded periodically, based on improvements
in engineering, science, monitoring, and local maintenance experience.
Unless specifically revised in the Town of Middleton Stormwater Regulations,
stormwater management practices that are designed, constructed, and
maintained in accordance with these design and sizing criteria will
be presumed to be protective of Massachusetts water quality standards.
Notwithstanding any contradictions between the Stormwater Management
Bylaw and the Stormwater Management Handbook, the bylaw shall prevail.
D.
Actions. The SWPA may take any of the following actions on an application
for a stormwater management permit: approval approval with conditions,
or disapproval.
E.
Appeals of actions. Appeals of any decision of the SWPA may be made through the Middleton Planning Board. Further relief of a decision by the SWPA made under this bylaw shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with MGL c. 249, § 4.
F.
Permits and procedures. Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 204-3B of this bylaw.
G.
Water Resources Mitigation Fund. The SWPA may allow the applicant
to contribute to the Town of Middleton Water Resources Mitigation
Fund in lieu of on-site stormwater measures where it has been demonstrated
that conditions are not suitable for on-site stormwater best management
practices, and where such action is allowed by federal, state and
local statutes and/or regulations, is in the public interest, or not
inconsistent with the purpose and intent of the Town of Middleton
Stormwater Management Bylaw. Funds may be used to design and construct
stormwater projects that will improve the quality and quantity of
surface waters in Middleton by treating and recharging stormwater
from existing impervious surfaces that is now discharged to said waters
with inadequate treatment or recharge. The fee for contribution to
the fund shall be determined by the SWPA.
A.
Any person who violates any provision of this bylaw shall be punished
by a fine of $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
B.
The SWPA or an authorized agent of the SWPA shall enforce this bylaw and regulations promulgated hereunder by means including, without limitation, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of any stormwater regulations promulgated as permitted under § 204-3B of this bylaw.
C.
As an alternative to criminal prosecution or civil action, the SWPA
may elect to use the noncriminal disposition procedure set forth in
MGL c. 40, § 21D, in which case the authorized agent of
the SWPA shall be the enforcing person. The penalty for violation
shall be $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
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.
The purpose of this section is to eliminate nonstormwater discharges
to the Town of Middleton's municipal storm drain system. Nonstormwater
discharges contain contaminants and supply additional flows to the
Town's storm drain system. Increased and contaminated stormwater runoff
is a major cause of:
B.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town of
Middleton's natural resources, municipal facilities, and to safeguard
the public health, safety, welfare and the environment.
The objectives of this section are:
A.
To prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4);
B.
To prohibit illicit connections and unauthorized discharges to the
MS4;
C.
To require the removal of all such existing illicit connections,
regardless of whether such connections were permitted or otherwise
acknowledged prior to the implementation of this bylaw;
D.
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
E.
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
Unless a different definition is indicated in other sections of Chapter 204, the following definitions and provisions shall apply throughout 204, also referred to as this "bylaw" or "section."
The Middleton Department of Public Works (hereafter "the
Department" or "DPW"), its employees or agents designated to administer
and implement this bylaw.
The Middleton Board of Health (hereafter "the BOH"), its
employees or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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.
Water beneath the surface of the ground.
A 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 § 204-16D.
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 structure that together comprise
the storm drainage system owned or operated by the Town of Middleton.
A permit issued by the United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts 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 nonpoint 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, ordinances, 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 material,
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.
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 MGL
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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.
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, by-product
or waste product.
This section shall apply to flows entering the municipally owned
storm drainage system.
This article is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes,
and the regulations of the Federal Clean Water Act found at 40 CFR
122.34.
The BOH shall enforce this bylaw. The BOH will work with the
Department of Public Works ("DPW") to administer and implement this
bylaw. Any powers granted to or duties imposed upon the BOH may be
delegated, in writing, by the BOH to employees or agents of the BOH
and/or the DPW. References to the BOH, Department or DPW within this
bylaw are understood to denote either or both of these agencies.
The Department may promulgate rules and regulations to effectuate
the purposes of this bylaw. Failure by the Department to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this bylaw.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal separate storm sewer system (MS4), 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 consent from the Department.
No person shall dump or dispose of yard waste (leaves, grass clippings,
etc.) into the open watercourses (swales, brooks and streams) that
make up the stormwater system.
D.
Exemptions.
(1)
Discharge or flow resulting from firefighting activities;
(2)
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwaters, provided that the source is not a significant
contributor of a pollutant to the municipal storm drain 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 (e.g., sump pump),
provided that where a pump intake exists inside a structure, the operator
seeks a permit from the Department prior to discharge, and thereafter
discharges in accordance with the requirements of the permit and applicable
laws and regulations to be issued by the Department;
(h)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(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 Department
prior to the time of the test;
(n)
Nonstormwater discharge permitted under a NPDES permit, waiver,
or waste discharge order administered under the authority of the United
States Environmental Protection Agency, 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 advanced written approval is received from
the Department as necessary to protect public health, safety, welfare
or the environment.
E.
Other prohibited activities. No person shall discharge, or cause
to be discharged, water or any other liquid onto the streets, sidewalks
or ways of the Town in such a manner as to cause an obstruction of
traffic or to endanger travel by freezing or otherwise.
(1)
Drains. No one shall tie any pump, cellar, yard, roof or area drain
directly into the stormwater drainage system, or add any new ties
to an already permitted system, without a permit from the Department
of Public Works.
(2)
Catch basins. No person shall directly or indirectly dump, discharge
or cause or allow to be discharged into any catchbasin, any solid
waste, construction debris, paint or paint product, antifreeze, hazardous
waste, oil, gasoline, grease and all other automotive and petroleum
products, solvents and degreasers, drain cleaners, commercial and
household cleaners, soap, detergent, ammonia, food and food waste,
grease or yard waste, animal feces, dirt, sand gravel or other pollutant.
Any person determined by the DPW to be responsible for the discharge
of any of the above substances to a catchbasin may be held responsible
for cleaning the catchbasin and any other portions of the stormwater
system impacted, paying the cost for such cleaning or for paying any
penalties assessed by the Town.
(3)
Septage. No person shall discharge or cause or allow to be discharged
any septage, or septage tank or cesspool overflow into the Town's
stormwater drainage system.
(4)
Storage and disposal of hazardous material. No one shall dispose
of anything other than clear water into the Town's storm drainage
system. The disposal of waste, gasoline or any other hazardous material
into the storm drainage system is strictly prohibited and is in violation
of various state and federal pollution laws.
(5)
Private drainage systems. It is prohibited for anyone with a private
drainage system from tying into the public stormwater disposal system
without a permit from the Department of Public Works. The maintenance
of any and all private drainage systems shall be the responsibility
of the owners.
The 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 authorized enforcement agency
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
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 Department of Public Works prior to the
allowing of discharges to the MS4.
This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
A.
Access to facilities. The BOH and DPW (or other enforcement agency/delegated
enforcement partner) shall be permitted to enter and inspect facilities
subject to regulation under this bylaw as often as may be necessary
to determine compliance with this bylaw, subject to applicable law.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
B.
Facility operators shall allow the BOH and DPW ready access to all
parts of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal laws.
C.
The BOH and DPW shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's stormwater
discharge.
D.
The BOH and DPW have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure
they are accurate.
E.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the BOH and DPW
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
F.
Unreasonable delay in allowing the BOH or DPW access to a permitted
facility constitutes a violation of a stormwater discharge permit
and of this bylaw. A person who is the operator of a facility with
a NPDES permit to discharge stormwater associated with industrial
activity violates this section, if the person denies the authorized
enforcement agency reasonable access to the permitted facility for
the purpose of conducting any activity authorized or required by this
bylaw.
G.
If the BOH or DPW has been refused access to any part of the premises
from which stormwater is discharged, and they are able to demonstrate
probable cause to believe that there may be a violation of this bylaw,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this bylaw or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized
enforcement agency may seek issuance of a search warrant from any
court of competent jurisdiction.
[Amended 6-5-2021 ATM by Art. 28]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse so that such structures will not
become a hazard to the use, function, or physical integrity of the
watercourse. Compliance with this bylaw does not waive the responsibility
of the property owner or lessee for applying for and receiving any
other required Town, state or federal permits associated with activities
or uses otherwise regulated under other regulatory jurisdiction (e.g.,
Wetlands Protection Act).
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. In the event of a release of nonhazardous material, the
reporting person shall notify the authorized enforcement agency no
later than the next business day. The reporting person shall provide
to the authorized enforcement agency 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 BOH or an authorized agent of the BOH shall enforce this
bylaw, regulations, orders, violation notices, and enforcement orders,
and may pursue all civil and criminal remedies for such violations.
A.
Civil relief. If a person violates the provisions of this section,
regulations, permit, notice, or order issued thereunder, the BOH 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.
B.
Orders. The BOH or an authorized agent of the BOH may issue a written
order to enforce the provisions of this section or the regulations
thereunder, which may include: (a) elimination of illicit connections
or discharges to the MS4; (b) performance of monitoring, analyses,
and reporting; (c) that unlawful discharges, practices, or operations
shall cease and desist; and (d) remediation of contamination in connection
therewith.
(1)
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 may, at its option undertake such work, and expenses thereof
shall be charged to the violator.
(2)
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 Town, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the 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 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 costs pursuant to MGL
c. 40, § 58. 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.
C.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, and in which case
the Health Director and DPW Director of the Town shall be the enforcing
person. The penalty for the first and all subsequent violations shall
be $300. Each day or part thereof that such violation occurs or continues
shall constitute a separate offense.
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 $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
E.
Entry to perform duties under this section. To the extent permitted
by applicable law, or if authorized by the owner or other party in
control of the property, the BOH and DPW, 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 BOH and DPW deems reasonably necessary.
F.
Appeals. The decisions or orders of the BOH and DPW shall be final.
Further relief shall be to a court of competent jurisdiction.
G.
Remedies not exclusive. The remedies listed in this section are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this section are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this section
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 section or bylaw.