Article II of this bylaw shall apply to all water entering the MS4 that is generated on any developed or undeveloped lands except as explicitly exempted in this bylaw or where the Stormwater Authority has issued a waiver in accordance with Article I, § 350-5.
A. 
Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or nonstormwater discharge into the MS4, onto an impervious surface directly connected to the 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 MS4, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
C. 
Obstruction of MS4. No person shall obstruct or interfere with the normal flow of stormwater into or out of the MS4 without prior consent from the Stormwater Authority.
D. 
Exemptions. 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 MS4:
(1) 
Discharge or flow resulting from firefighting activities;
(2) 
Waterline flushing;
(3) 
Flow from potable water sources, with the exception of landscape irrigation and lawn watering;
(4) 
Springs;
(5) 
Natural flow from riparian habitats and wetlands;
(6) 
Diverted stream flow;
(7) 
Rising groundwater;
(8) 
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 Stormwater Authority prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Stormwater Authority;
(9) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
(10) 
Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided that 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;
(11) 
Discharge from street sweeping;
(12) 
Dye testing, provided that verbal notification is given to the Stormwater Authority prior to the time of the test;
(13) 
Nonstormwater discharge permitted under a National Pollutant Discharge Elimination System (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
(14) 
Discharge for which advanced written approval is received from the Stormwater Authority as necessary to protect public health, safety, welfare or the environment.
A. 
Pet waste: Because pet feces are a major component of stormwater pollution, and Westwood is subject to a bacteria TMDL, it shall be the duty of each person who owns, possesses, or controls a pet to remove and properly dispose of any feces left by the pet on any public or private property neither owned nor occupied by said person, or on any private property where untreated stormwater flows to the MS4. It is prohibited to dispose of pet feces in any public or private storm drain, catch basin, wetland or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a service dog or other service animal registered as such. Persons walking pets must carry with them a device designed to dispose of pet feces including, but not limited to, a plastic bag or "pooper scooper." For specific requirements and penalties for violations see General Bylaw Chapter 184, Animals.
B. 
Pavement sealers: Coal-tar-based driveway and pavement sealers have been identified as a primary source of poly-aromatic hydrocarbons affecting streams in developed areas. Poly-aromatic hydrocarbons are classified by the United States Environmental Protection Agency as a probable human carcinogen and are highly toxic to aquatic life. The application of coal-tar-based driveway and pavement sealers is prohibited for all paved areas directly connected to the MS4. Asphalt-based driveway and pavement sealers contain low concentrations of poly-aromatic hydrocarbons and are thus permitted.
The Stormwater Authority may suspend MS4 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 Stormwater Authority 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 MS4 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 Westwood 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 Stormwater Authority written confirmation of all electronic 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 Stormwater Authority or its authorized agent shall enforce this bylaw, the regulations, and any associated 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 bylaw, or any associated regulations, permit, notice, or order issued thereunder, the Stormwater Authority 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 Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this bylaw or any regulations thereunder, which may include:
(1) 
Elimination of illicit connections or discharges to the MS4;
(2) 
Performance of monitoring, analyses, and reporting;
(3) 
Requirement that unlawful discharges, practices, or operations shall cease and desist;
(4) 
Implementation of measures designed to minimize the discharge of pollutants until such time as the illicit connection shall be eliminated; and
(5) 
Remediation of pollutants in connection therewith.
C. 
Deadline. If the enforcement authority determines that abatement or remediation of erosion and sedimentation is required, the order shall set forth a deadline for the completion of abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and the costs thereof shall be charged to the violator.
D. 
Reimbursement of costs. If the Stormwater Authority determines that abatement or remediation of pollutants is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and the costs thereof shall be charged to the violator or property owner. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority 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 Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57, after the 30th day at which the costs first become due.
E. 
Criminal and civil penalties. Any person who violates any provision of this bylaw, the regulations, or the terms or conditions in any permit or order issued thereunder, shall be subject to a fine not to exceed $300 for each day such violation occurs or continues, or in the alternative shall be subject to a civil penalty, which may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction.
F. 
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 Chapter 1, § 1-6, of the Town of Westwood General Bylaws, in which case the agent of the Stormwater Authority shall be the enforcement authority. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
G. 
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, the Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
H. 
Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be to a court of competent jurisdiction.
I. 
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.
Residential property owners shall have 60 days from the effective date of this bylaw to comply with its provisions, provided that good cause is shown for the failure to comply with the bylaw during that period.