[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:
The Templeton Select Board (Board), its employees or agents
designated to enforce this bylaw.
[Amended 6-17-2020 ATM by Art. 9]
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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 drain system or into the waters
of the United States or commonwealth from any source.
Water beneath the surface of the ground.
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.
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
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil.
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.
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.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Runoff from precipitation and snowmelt.
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.
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.
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.
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, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This bylaw shall apply to flows entering the municipal storm
drainage system in the Town of Templeton.
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.
