[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 9, § 9.7, of the 2015 Compilation]
A. 
Increased and contaminated stormwater run-off are major causes of:
(1) 
Impairment of water quality and 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.
B. 
Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of Carver's water bodies and groundwater, and to safeguard the public health, safety, welfare, and the environment.
C. 
The objectives of this by-law are:
(1) 
To prevent pollutants from entering Carver's municipal separate storm sewer system or municipal storm drain system (MS4);
(2) 
To prohibit illicit connections and unauthorized discharges to the MS4;
(3) 
To require the removal of all such illicit connections;
(4) 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
(5) 
To establish the legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement.
For the purposes of this by-law, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Department of Public Works, its employees, or agents designated to enforce this by-law.
BEST MANAGEMENT PRACTICES (BMPS)
Activities, prohibitions of practices, general good housekeeping practices, structural and nonstructural controls, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge, or waste 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 drain system or into the waters of the United States or commonwealth from any source.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal storm drain system, except as specifically exempted in § 243-6D of this by-law. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 243-6D of this by-law.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance that allows an illegal discharge into the municipal storm drain system. Illicit connections include conveyances that allow a nonstormwater discharge to the municipal storm drain system including 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 by-law.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water from infiltrating the underlying soil.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM DRAIN 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 Carver.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
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.
NONSTORMWATER DISCHARGE
Any discharge to the municipal storm drain system not composed entirely of stormwater.
PERSON
Any individual, partnership, association, firm, company, trust, corporation; and any 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.
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. Pollutants shall include:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Nonhazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations, and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform, and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock; sand; salt, soils;
J. 
Construction wastes and residues;
K. 
And noxious or offensive matter of any kind.
PROCESS WASTEWATER
Any water that, 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.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
STORMWATER
Runoff from precipitation or snow melt.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material that, 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 c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WASTEWATER
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, 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, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
The Department of Public Works shall administer, implement, and enforce this by-law. Any powers granted to or duties imposed upon the Department of Public Works may be delegated in writing by the Superintendent of Public Works to employees or agents of the Department of Public Works.
The Department of Public Works may promulgate rules and regulations to effectuate the purposes of this by-law. Failure by the Department of Public Works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this by-law.
A. 
Illegal discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal storm drain system, 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 municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation, or custom at the time of connection.
C. 
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 approval from the Department of Public Works.
D. 
Exemptions. This section shall not apply to discharges or flows resulting from firefighting activities, nor to any of the following nonstormwater discharges or flows, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
(1) 
Water line flushing;
(2) 
Flows from potable water sources;
(3) 
Springs;
(4) 
Natural flows from riparian habitats and wetlands;
(5) 
Diverted stream flows;
(6) 
Rising groundwaters;
(7) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),[1] or uncontaminated pumped groundwater;
[1]
Editor's Note: See 40 CFR 35.2005(b)(20).
(8) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
(9) 
Discharges from landscape irrigation or lawn watering;
(10) 
Water from individual residential car washing;
(11) 
Discharges from dechlorinated swimming pool water (less than one ppm 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;
(12) 
Discharges from street sweeping;
(13) 
Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test;
(14) 
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; and
(15) 
Discharges for which advanced written approval is received from the Department of Public Works if necessary to protect public health, safety, welfare, or the environment.
The Department of Public Works 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 illegal discharge 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 authorized enforcement agency 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 or operation that is resulting or may result in illegal discharge of pollutants, 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 person shall immediately notify the Fire Department, the Police Department, the Department of Public Works, and the Conservation Commission. In the event of a release of nonhazardous material, said person shall notify the authorized enforcement agency no later than the next business day. Written confirmation of all telephone, facsimile, email, or in-person notifications shall be provided to the authorized enforcement agency 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 Department of Public Works, or an authorized agent of the Department of Public Works (as designated by the Superintendent of Public Works) shall enforce this by-law, 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. 
Civil relief. If anyone violates the provisions of this by-law, regulations, permit, notice, or order issued thereunder, the Department of Public Works may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities that would create further violations or compelling the person to abate or remediate the violation.
C. 
Orders. The Department of Public Works may issue a written order to enforce the provisions of this by-law or the regulations thereunder, that may include: (a) elimination of illicit connections or discharges to the storm drainage system; (b) termination of access to the storm drainage system; c) performance of monitoring, analyses, and reporting; (d) cessation of unlawful discharges, practices, or operations; and (e) remediation of contamination in connection therewith. If the Department of Public Works determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation.
D. 
Criminal and civil penalties. Any person who violates any provision of this by-law, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine not to exceed $300 for each day such violation occurs or continues or subject to a civil penalty not to exceed $300 for each day such violation occurs or continues, which may be assessed in an action brought on behalf of the Town of Carver in any court of competent jurisdiction.
E. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Carver may elect to use the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, of the Town of Carver By-Laws, in which case the Department of Public Works or its Superintendent of Public Works or other authorized agent of the Town of Carver shall be the enforcing person. The penalty for the first violation shall be $50. The penalty for the second violation shall be $150. 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. 
Entry to perform duties under this by-law. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department of Public Works, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this by-law and regulations and may make or cause to be made such examinations, surveys, or sampling as the Department of Public Works deems reasonably necessary.
G. 
Appeals. The decisions or orders 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 by-law 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 by-law shall be held invalid for any reason, all other provisions shall continue in full force and effect.
Residential property owners shall have 60 days from the effective date of the by-law to comply with its provisions provided good cause is shown for the failure to comply with the by-law during that period.