[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.