[HISTORY: Adopted by the Town Meeting of the Town of Templeton 5-16-2007 (Art. XLIX of the Bylaw Compilation). Amendments noted where applicable.]
A. 
The purpose of this bylaw is to regulate illicit connections and discharges to the storm drain system, which is necessary for the protection of Templeton water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. This bylaw is a requirement of the federal National Pollutant Discharge Elimination System Stormwater General Permit issued to the Town of Templeton.
B. 
The objectives of this bylaw are:
(1) 
To prevent pollutants from entering the Templeton municipal separate storm sewer 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;
(5) 
To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement; and
(6) 
To prevent contamination of drinking water supplies.
As used in this bylaw, the following terms shall have the meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY
The Templeton Select Board (Board), its employees or agents designated to enforce this bylaw.
[Amended 6-17-2020 ATM by Art. 9]
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
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
Water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the municipal storm drain system, except as exempted in § 230-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, pursuant to § 230-8 of this bylaw or resulting from emergency fire-fighting activities.
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance which allows an illegal discharge into the municipal storm drain system, including without limitation 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 bylaw
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water 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, 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 Templeton.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER 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.
NON-STORMWATER DISCHARGE
Discharge to the municipal storm drain system not composed entirely of stormwater.
PERSON
An individual, partnership, association, firm, company, trust, corporation, 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 stormwater or drain system or waters of the commonwealth. Pollutants shall include, without limitation:
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; and
K. 
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
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 and snowmelt.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which, 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 MGL 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.
WATERCOURSE
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.
This bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act and MGL c. 83, § 1 and § 10, as amended by St. 2004, c. 149, Subsections 135 through 140, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
The Board shall administer, implement and enforce this bylaw. Any powers granted to, or duties imposed upon, the Board may be delegated in writing by the Board to employees or agents of the Board.
The Board may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Board 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 non-stormwater discharge into the municipal separate storm sewer system (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 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 written approval from the Board.
[Amended 5-17-2010]
A. 
The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system and that any discharges to the public storm drain shall conform to the standards set forth in the DEP-administered regulations: 314 CMR 9.00 (401 Water Quality Certification), 314 CMR 3.00 (Surface Water Discharge Permit Program), 314 CMR 4.00 (Surface Water Quality Standards), and 314 CMR 5.00 (Groundwater Discharge Permit Program), as currently in effect:
(1) 
Municipal water line flushing.
(2) 
Discharge from landscape or agricultural irrigation or lawn watering.
(3) 
Water from individual residential car washing and temporary fund-raising car washes.
(4) 
Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided 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.
(5) 
Nonemergency fire-fighting activities.
(6) 
Discharge from street sweeping.
(7) 
Non-stormwater discharge permitted under an NPDES permit or a surface water discharge permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations.
(8) 
Rising groundwater.
(9) 
Natural flow from riparian habitats and wetlands.
(10) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation.
(11) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater.
(12) 
Flow from potable water sources.
(13) 
Springs.
B. 
The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system, and a written permit is approved by the Board or its agent:
(1) 
Diverted stream flow.
(2) 
Dye testing, provided verbal notification is given to the Board prior to the time of the test.
(3) 
Uncontaminated groundwater discharge from a sump pump.
(a) 
The connection of the building sump pump to the public storm drain shall conform to the requirements of the building and plumbing code and/or other applicable rules and regulations of the Town. The portion of a private drain connection that is located within the applicant's own property is privately owned, while the portion that is constructed within the public way becomes the property of the Town, with all costs of construction, connection, and repair borne by the applicant. A dual backflow preventer or other device that makes it possible for the Town to shut off the flows from the private drain connection into the storm drain if conditions of the permit are violated will be made a part of the drain system.
(b) 
The applicant for the building drain permit shall notify the Board when the drain is ready for inspection and connection to the public storm drain. No connection shall be put to use and no backfilling is allowed until all appropriate inspections are made by the Board's representative inspector(s).
(4) 
Discharge for which advanced written approval is received from the Board or agents designated to enforce this bylaw, as necessary to protect public health, safety, welfare or the environment of Templeton.
A. 
The Board 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 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 Board or its authorized agent may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
B. 
Any person discharging to a municipal storm drain system in violation of this bylaw may have his/her storm drain system access terminated if such termination would abate or reduce an illicit discharge. The Board, or its agent, will notify a violator of the proposed termination of storm drain system access. The violator may petition the Board for reconsideration and hearing. A person commits an offense if the person reinstates storm drain system access to premises terminated pursuant to this section, without prior approval from the Board.
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 municipal drainage system or waters of the commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of an accidental release of oil or hazardous materials, the person shall immediately notify the Templeton Fire Department, Police Department, the Board and the Board of Health. In the event of a release of nonhazardous material, the reporting person shall notify the Board no later than the next business day. The reporting person shall provide to the Board written confirmation of all telephone, facsimile 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 Board or an authorized agent of the Board shall enforce this bylaw, regulations, 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, regulations, permit, notice, or order issued thereunder, the Board 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.
(1) 
The Board or an authorized agent of the Board may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include:
(a) 
Elimination of illicit connections or discharges to the MS4;
(b) 
Termination of access to the storm drainage system;
(c) 
Performance of monitoring, analyses, and reporting;
(d) 
That unlawful discharges, practices, or operations shall cease and desist; and
(e) 
Remediation of contamination in connection therewith. If the Board or its authorized agent determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. 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 expenses thereof shall be charged to the violator or property owner.
(2) 
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 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 within 30 days following a decision of the Board 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. 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. 
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder shall be punished by a fine of not more than $500. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. 
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 this bylaw of the Town of Templeton, in which case the Board or its authorized agent shall be the enforcing person. The penalty for the first violation shall be $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.
E. 
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 Board, 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 Board or its authorized agent deems reasonably necessary.
F. 
Appeals. The decisions or orders of the Board shall be final. Further relief shall be to a court of competent jurisdiction.
G. 
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.
The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.
Residential 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.