[HISTORY: Adopted by the Town Meeting of the Town of Belchertown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2017 ATM
by Art. 14]
A.
The purpose of this bylaw is to regulate and eliminate illicit connections
and discharges to the Town of Belchertown's municipal separate storm
sewer system (MS4), which is necessary for the protection of the Town's
water bodies, wetlands, and groundwater, and to safeguard the public
health, safety, welfare, and the environment. This bylaw establishes
methods for controlling the introduction of pollutants into the Town's
municipal separate storm sewer system (MS4) in order to comply with
the requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the municipal separate storm
sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges to the
stormwater system (MS4);
(3)
To require the removal of all such illicit connections;
(4)
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
C.
Increased and contaminated stormwater runoffs are major causes of:
For the purposes of this bylaw, the following shall mean:
The Director of the Department of Public Works or designated
representative, its employees or agents designated to enforce this
bylaw.
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.
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 drainage system or into the
waters of the United States or commonwealth from any source.
Exempt from new legislation, restrictions, or requirements.
Water beneath the surface of the ground and not confined
in a conduit or container.
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.
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.
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.
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.
A permit issued by the United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Any discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Liquid, solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, 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.
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.
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.
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.
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.
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.
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 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.
A.
Illegal 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). Nonemergency pumping
performed by the Fire Department must utilize appropriate best management
practices (BMPs) and follow hazardous materials disposal guidelines
to prevent contamination of the municipal storm drainage system with
hazardous materials. If hazardous materials are observed within the
flooded area from nonemergency pumping activities, or are suspected
to be contained therein, a qualified hazmat technician and applicable
state and local agencies must be consulted. These agencies will be
responsible for implementing the BMPs to the contamination of nearby
waterways and the municipal storm drainage system.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drainage
system, regardless of whether the connection was permissible under
applicable law, regulation or custom at the time of connection. No
grandfathering is permitted.
C.
Obstruction of municipal storm drainage system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
storm drainage system without prior approval from the Director of
the Department of Public Works or designated representative. No person
shall dump or dispose of yard waste (leaves, grass clippings, etc.)
into the MS4, or into open watercourses (swales, brooks and streams).
(1)
Drains. No one shall tie any pump, cellar, yard, roof or area drain
directly into the stormwater drainage system without approval from
the applicable authority.
(2)
Catch basins. No person shall directly or indirectly dump, discharge
or cause or allow to be discharged into any catch basin 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 or 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 applicable authority to be responsible for
the discharge of any of the above substances to a catch basin may
be held responsible for cleaning the catch basin and any other portions
of the stormwater system impacted according to Town standards and
requirements or paying the cost for such cleaning. In addition, the
person shall be responsible 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 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 written approval from the applicable authority. The maintenance
of any and all private drainage systems shall be the responsibility
of the owners.
D.
Exemptions. This section shall not apply to any of the following
nonstormwater discharges or flows, provided that the source is not
a significant contributor of a pollutant to the storm drainage system.
(1)
Waterline flushing;
(2)
Emergency pumping performed by the Fire Department;
(3)
Discharges (in liquid form) from landscape irrigation or lawn watering;
(4)
Diverted stream flows, springs;
(5)
Rising groundwater;
(6)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(7)
Flows from potable water sources;
(8)
Irrigation water, springs;
(9)
Water from crawl space pumps, exterior foundation drains, footing
drains (not including active groundwater dewatering systems), sump
pumps or air conditioning condensation;
(10)
Water from individual residential car washing;
(11)
Natural flows from riparian habitats and wetlands;
(12)
Discharges from de-chlorinated swimming pool water (less than
one part per million chlorine), provided it 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;
(13)
Discharges during street sweeping, discharge of sand and deicers
used for public safety purposes and other storm drainage system maintenance;
(14)
Dye testing, provided notification is given to the Director
of the Department of Public Works or designated representative prior
to the time of the test;
(15)
Nonstormwater discharges permitted under an 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;
(16)
Discharges for which advanced written approval is received from
the Director of the Department of Public Works or designated representative
if necessary to protect public health, safety, welfare or the environment;
and
(17)
Emergency repairs to the municipal storm drain system, and any
stormwater management structure or practice that poses a threat to
public health or safety, or as deemed necessary by the Town.
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.
A.
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, 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.
B.
Failure by the property owner to maintain the watercourse does not
constitute an obligation on the part of the Town to assume this responsibility.
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.
A.
The Director of the Department of Public Works or an authorized agent
of the Department of Public Works shall enforce this bylaw, and the
regulations promulgated thereunder, as well as the terms and conditions
of all permits, notices, and orders, and may pursue all civil and
criminal remedies for such violations.
B.
Orders.
(1)
The Director of the Department of Public Works or designated representative
may issue a written order to enforce the provisions of this bylaw
or the regulations thereunder, which include, but are not limited
to:
(a)
Elimination of elicit connections or discharges to the storm
drainage system (MS4);
(b)
Termination of access to the storm drainage system;
(c)
Performance of monitoring, analyses, and reporting;
(d)
Cessation of unlawful discharges, practices, or operations;
(e)
Remediation of contamination in connection therewith;
(f)
Implementation of source control or treatment BMPs.
(2)
If the Director of the Department of Public Works or designated representative
determines that abatement or remediation of contamination 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 of Belchertown may, at its option, undertake
such work and expenses thereof shall be charged to the violator or
property owner.
(3)
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, in writing, of the costs incurred by the Town
of Belchertown, including administrative costs, for which payment
is due to the Town. The violator or property owner may file a written
protest or appeal objecting to the amount or basis of costs with the Select
Board 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 appeal or within 30 days following a decision
of the Select Board or designated representative 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.
C.
Equitable remedy. If a person or entity violates the provisions of
this bylaw, regulations, permit, notice, or order issued thereunder,
the Director of the Department of Public Works or designated representative
may seek injunctive relief in a court of competent jurisdiction to
restrain the person from activities that would create further violations
or compel the person to abate or remediate the violation.
D.
Criminal penalty. Any person who violates any provision of this bylaw,
regulation, order or written approval issued thereunder shall be punished
by a fine not to exceed $300 per violation. 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 Belchertown may elect to utilize the
noncriminal disposition procedure set forth in MGL c. 40, § 21D.
The Director of the Department of Public Works or designated representative
shall be the enforcing person. The penalty for the first violation
shall be up to $100. The penalty for the second violation shall be
$200. 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.
F.
Right of entry. To the extent permitted by state law, or if authorized
by the owner or other party in control of the property, the Director
of the Department of Public Works or designated representative, 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 Director of the Department of Public Works or designated representative
deems reasonably necessary.
G.
Appeals. The decisions or orders of the Director of the Department
of Public Works 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.
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.
