[Adopted 5-8-2017 ATM
by Art. 14]
For the purposes of this bylaw, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPS)
Activities, procedures, restraints, or structural improvements
that helps to reduce the quantity or improve the quality of stormwater
runoff. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
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 drainage system or into the
waters of the United States or commonwealth from any source.
GRANDFATHERED
Exempt from new legislation, restrictions, or requirements.
GROUNDWATER
Water beneath the surface of the ground and not confined
in a conduit or container.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal storm drainage system, except as specifically exempted in §
111-7 of this bylaw. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to §
111-7 of this bylaw.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance, which allows
an illegal discharge into the municipal storm drainage system. Illicit
connections include conveyances which allow a nonstormwater discharge
to the municipal storm drainage system, including sewage, process
wastewater or wash water and any connections from indoor drainages
sinks, or toilets, regardless of whether said connection was previously
allowed, permitted, or approved before the effective date of this
bylaw.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, and roof
tops.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAINAGE 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 Belchertown.
PERSON
Any individual, partnership, group of individuals, association,
partnership, firm, company, trust, corporation, business organization,
estate, and any agency, authority, department or political subdivision
of the commonwealth or the federal government, the Town of Belchertown,
or any other legal entity to the extent permitted by Town bylaw, including
any officer, employee, or agent of such person or entity.
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
or wetland resource areas. Pollutants shall include:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Liquid, solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, 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
Any 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.
Process wastewater includes water which has increased in temperature
as a result of manufacturing or other processes.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil,
or by injection of collected precipitation, runoff or adequately treated
wastewater.
STORMWATER
Rainwater, snowmelt and/or other water that flows off impervious
surfaces and across or over the ground surface rather than being absorbed
into the soil.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, physical, chemical,
corrosive, flammable, reactive, toxic, infectious or radioactive characteristics,
either separately or in combination with any substance or substances,
may cause or significantly contribute to a substantial present or
potential threat to human health, safety, welfare, or to the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed. 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 Chapters 21C and 21E, and the regulations at 310 CMR 30.000
and 310 CMR 40.0000.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool contents
or discharge, or 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.
WATERCOURSES
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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
This bylaw shall apply to all flows entering the storm drainage
system owned and/or operated by the Town of Belchertown.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act, and pursuant to the regulations of the federal Clean
Water Act found at 40 CFR 122.34.
The Director of the Department of Public Works and/or its designated
representative shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Director of the Department
of Public Works pursuant to this bylaw may be delegated, in writing,
by the Director of the Department of Public Works to employees or
agents of the Department of Public Works.
The Director of the Department of Public Works may promulgate
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Director of the Department of Public Works to promulgate such
rules and regulations shall not have the effect of suspending or invalidating
this bylaw.
The Director of the Department of Public Works or designated
representative may suspend municipal storm drainage system (MS4) access
to any person or property without prior written notice when such suspension
is necessary to stop an actual or threatened illicit discharge of
pollutants that presents or may present 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 Director
of the Department of Public Works or designated representative may
take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
Notwithstanding any other requirements of local, state or federal
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials at
that facility operation which is resulting or may result in illegal
discharge of pollutants into the municipal drainage system, a wetland
resource area, or waters of the commonwealth, that 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 reporting
person shall immediately notify the municipal Fire and Police Departments,
the Director of the Department of Public Works or designated representative,
and the Massachusetts Department of Environmental Protection (if the
release is reportable as defined by 310 CMR 40.00). In the event of
a release of non-hazardous material, said person shall notify the
Director of the Department of Public Works or designated representative
no later than the next business day. Written confirmation of all telephone,
facsimile or in-person notifications shall be provided to the Director
of the Department of Public Works or designated representative 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.
If any provision, paragraph, sentence, or clause, of this bylaw
or the application thereof to any person, establishment, or circumstances,
shall be held invalid for any reason, such invalidity shall not affect
any other provisions or applications of this bylaw, and shall continue
in full force and effect.
Property owners shall have 120 days from the effective date
of the bylaw to comply with its provisions, provided good cause is
shown for the failure to comply with the bylaw during that period
unless local, state, or federal agencies deem that immediate actions
are warranted.