[HISTORY: Adopted by the Town of Chatham 5-13-2019 ATM by Art. 56. Amendments noted where
applicable.]
A.
Increased and contaminated stormwater runoff is a major cause of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
B.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of Chatham's
water bodies and groundwater, and to safeguard the public health,
safety, welfare and the environment.
C.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering Chatham's 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; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
The Department of Public Works, its employees or agents designated
to enforce this bylaw.
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.
A surface or subsurface drain or conveyance, which allows
an illicit 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.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 238-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to § 238-8 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, 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 Chatham.
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 a municipal storm 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, unless being applied for roadway safety;
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.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
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 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 municipally owned
storm drainage system or discharging into a watercourse or into the
waters of the commonwealth.
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 Department of Public Works shall administer, implement and
enforce this bylaw. Any powers granted to or duties imposed upon the
Department of Public Works may be delegated in writing by the Director
of the Department of Public Works to employees or agents of the Department
of Natural Resources.
The Department of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Department
of Public Works to promulgate such rules and regulations shall not
have the effect of suspending or invalidating this bylaw.
A.
Illicit 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), 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
Department of Public Works.
D.
No person shall throw, deposit, leave, maintain, keep, or permit
to be thrown, deposited, left, or maintained, in or upon any premises,
public or private property, driveway, parking area, street, ally,
sidewalk, component of the MS4, or any surface water of Chatham, any
object or material, including, but not limited to, refuse, rubbish,
garbage, animal waste, litter, yard waste, or other discarded or abandoned
objects, articles, and accumulations, so that the same may cause or
contribute to the pollution, or interfere with the operation, maintenance,
and access to the MS4. Waste deposited in the street in proper waste
receptacles for collection are exempted from the prohibition.
A.
Discharge or flow resulting from firefighting activities.
B.
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwaters provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system:
(1)
Waterline flushing.
(2)
Landscape irrigation.
(3)
Diverted stream flows.
(4)
Rising groundwater.
(5)
Uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)].
(6)
Uncontaminated pumped groundwater.
(7)
Discharge from potable water sources.
(8)
Water from uncontaminated foundation drains.
(9)
Air-conditioning condensate.
(10)
Irrigation water, springs.
(11)
Water from uncontaminated crawl space pumps.
(12)
Water from uncontaminated footing drains.
(13)
Lawn watering.
(14)
Individual resident car washing.
(15)
Flows from riparian habitats and wetlands.
(16)
Municipal street wash waters.
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
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 authorized
enforcement agency may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
A.
The Department of Public Works will adopt requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States. The owner
or operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs.
B.
Further, any person responsible for a property or premises, which
is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system.
C.
Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
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 a release of oil or hazardous materials,
the person shall immediately notify the municipal Fire and Police
Departments and Natural Resources and Public Works Departments. In
the event of a release of nonhazardous material, the reporting person
shall notify the authorized enforcement agency no later than the next
business day. The reporting person shall provide to the authorized
enforcement agency 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.
A.
The Department of Public Works, or any authorized agent of the Department
of Public Works, shall enforce this bylaw, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
B.
Civil relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Department
of Public Works 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.
C.
Orders. The Department of Public Works, or an authorized agent of
the Department of Public Works, may issue a written order to enforce
the provisions of this bylaw or the regulations thereunder, which
may include:
D.
If the enforcing person 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, Chatham
may, at its option, undertake such work, and expenses thereof shall
be charged to the violator.
E.
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 Chatham, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Department
of Public Works 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 Department of Public Works 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.
H.
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 Department of Public Works, 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 Department of Public Works deems reasonably necessary.
I.
Appeals. The decisions or orders of the Department of Public Works
shall be final. Further relief shall be to a court of competent jurisdiction.
J.
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.
