[HISTORY: Adopted by the Town Meeting of the Town of Millville 5-11-2015 ATM by Art. 15. Amendments
noted where applicable.]
A.
Increased volumes of stormwater and contaminated stormwater runoff
are major causes of:
(1)
Impairment of water quality and reduced flow in lakes, ponds, streams,
rivers, wetlands and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Alteration or destruction of aquatic and wildlife habitat; and
(4)
Flooding.
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The United States Environmental Protection Agency has identified
land disturbance and polluted stormwater runoff as major sources of
water pollution. Regulation of illicit connections and discharges
to the municipal storm drain system is necessary for the protection
of the Town of Millville's water bodies and groundwater resources
and to safeguard the public health, safety, and welfare and the natural
resources of the Town.
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B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Millville's
municipal storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges to the
municipal storm drain system;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges;
(5)
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
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 the commonwealth from any source.
Water beneath the surface of the ground, including to confined
or unconfined aquifers.
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 § 81-7. The term does not include a discharge in compliance with a NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to § 81-7B of this bylaw.
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 Millville.
A permit issued by United States Environmental Protection
Agency or jointly with the state 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 considered
toxic to humans or the environment and may be introduced into any
sewage treatment works or waters of the commonwealth.
Pollutants shall include, but not be limited to:
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, ordnances, 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.
Runoff from precipitation or snow melt.
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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 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, byproduct
or waste product, as defined herein.
This bylaw shall apply to flows entering the municipal storm
drainage system.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental
Protection Agency found in the December 8, 1999, Federal Register.
The Highway Surveyor or his designee shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Highway Surveyor may be delegated, in writing, by the Highway
Surveyor to employees or agents of the Town.
The Highway Surveyor may promulgate rules and regulations to
effectuate the purposes of this bylaw. Failure by the Highway Surveyor
to promulgate and enforce such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
A.
Prohibited activities.
(1)
Illicit discharges. No person shall dump, discharge, cause, or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal storm drain system, into a watercourse, or into the waters
of the commonwealth.
(2)
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.
(3)
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 written approval from the
Highway Surveyor.
B.
Exemptions.
(1)
Discharge or flow resulting from firefighting activities.
(2)
The following nonstormwater discharges or flows are exempt from this
bylaw, 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;
(h)
Discharge from landscape irrigation or lawn watering;
(i)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine), provided test data is submitted to the Town substantiating
that the water meets the one ppm standard, and the pool is drained
in such a way as not to cause a nuisance or public safety issue and
complies with all applicable Town bylaws;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is given to the Board
of Health prior to the time of the test;
(n)
Nonstormwater discharge permitted under an NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the Department of Environmental Protection, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
(o)
Discharge for which advance written approval is received from
the Highway Surveyor as necessary to protect public health, safety,
welfare or the environment.
(3)
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government or by the Board of Health.
The owner of a sump pump discharging into the municipal storm drain system shall register the discharge with the Highway Surveyor by January 1, 2016. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 81-6 of this bylaw.
The Highway Surveyor 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 an 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 Highway Surveyor
or Board of Health may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 81-6 of this bylaw.
A.
Authorized agent. The Highway Surveyor or an authorized agent of
the Town shall enforce this bylaw, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
B.
Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Highway
Surveyor or Board of Health 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.
C.
Orders. The Board of Health or an authorized agent of the Board of
Health may issue a written order to enforce the provisions of this
bylaw or the regulations thereunder, which may include: (a) elimination
of illicit connections or discharges to the municipal storm drain
system; (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.
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 of Millville may, at its option, undertake such work, and all
costs incurred by the Town shall be charged to the violator, to be
recouped through all available means, including the placement of liens
on the property. 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 Board of Health 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 Board of Health 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. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57, after
the 31st day when the costs first became due.
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 not more than $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
E.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town of Millville may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the Board of Health or Highway Surveyor, or an authorized
agent of the Town of Millville, shall be the enforcing person. The
penalty for each violation under this form of disposition shall be
$300. Each day or part thereof that such violation occurs or continues
shall constitute a separate offense.
F.
Entry to perform duties under this bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property or premises, the Board of Health, 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 Board of Health deems reasonably necessary.
G.
Appeals. The decisions or orders of the Board of Health shall be
final. Further relief shall be to a court of competent jurisdiction.
H.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
Residential property owners shall have 180 days from the effective
date of the bylaw to comply with its provisions or petition the Board
of Health for an extension.
