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.
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."
AUTHORIZED ADMINISTERING AGENCY
The Middleton Department of Public Works (hereafter "the
Department" or "DPW"), its employees or agents designated to administer
and implement this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, 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 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.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
204-16D.
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 SEPARATE STORM SEWER SYSTEM (MS4) or 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 Middleton.
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.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinances, 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; and
K.
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
Runoff from precipitation or snow melt.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
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.
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.
WASTEWATER
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.
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.