Town of Middleton, MA Stormwater Management and Illicit Discharge

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.

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.

Definitions. Definitions that apply in the interpretation and implementation of this bylaw shall be included as part of any stormwater regulations promulgated as permitted under § 204-3B of this bylaw.

§ 204-2 Applicability.

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.

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.

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.

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).

§ 204-3 Administration.

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]

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.

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.

Actions. The SWPA may take any of the following actions on an application for a stormwater management permit: approval approval with conditions, or disapproval.

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.

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.

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.

§ 204-4 Enforcement; violations and penalties.

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.

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.

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.

§ 204-5 Severability.

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.

§ 204-6 through § 204-8. (Reserved)

Article II Illicit Discharges to Storm Drain System

§ 204-9 Purpose.

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:

(1)

Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;

(2)

Contamination of drinking water supplies;

(3)

Contamination of clam flats and other coastal areas;

(4)

Alteration or destruction of aquatic and wildlife habitat; and

(5)

Flooding.

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.

§ 204-10 Objectives.

The objectives of this section are:

To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4);

To prohibit illicit connections and unauthorized discharges to the MS4;

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;

To comply with state and federal statutes and regulations relating to stormwater discharges; and

To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.

§ 204-11 Definitions.

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.

AUTHORIZED ENFORCEMENT AGENCY

The Middleton Board of Health (hereafter "the BOH"), its employees or agents designated to enforce 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.

GROUNDWATER

Water beneath the surface of the ground.

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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

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.

NONSTORMWATER DISCHARGE

Discharge to the municipal storm drain system not composed entirely of stormwater.

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:

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.

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.

§ 204-12 Applicability.

This section shall apply to flows entering the municipally owned storm drainage system.

§ 204-13 Authority.

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.

§ 204-14 Administration.

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.

§ 204-15 Rules and regulations.

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.

§ 204-16 Prohibited activities.

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.

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.

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.

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.

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.

§ 204-17 Emergency suspension of storm drainage system access.

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.

§ 204-18 Industrial or construction activity discharges.

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.

§ 204-19 Monitoring of discharges.

This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

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.

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.

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.

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.

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.

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.

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]

§ 204-20 Watercourse protection.

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).

§ 204-21 Notification of spills.

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.

§ 204-22 Enforcement; violations and penalties.

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.

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.

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.

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.

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.

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.

Appeals. The decisions or orders of the BOH and DPW shall be final. Further relief shall be to a court of competent jurisdiction.

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.

§ 204-23 Severability.

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.