[Added 5-8-2019 by Bylaw
Amendment 19-838]
The purpose of this article is to regulate illicit connections
and discharges to the municipal storm drain system in order to protect
the Town of Franklin's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the environment. This article
seeks to meet that purpose through the following objectives:
A.
To prevent pollutants from entering the Town of Franklin's municipal
separate storm sewer system (MS4);
B.
To prohibit illicit connections and unauthorized discharges to the
MS4;
C.
To require the removal of all such illicit connections;
D.
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
E.
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
The definitions in Article I, Section 153-2 are applicable to this article (Article IV) as well as the following additional definitions:
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff or prevent pollutants from entering 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, including any
connections from indoor drains, sinks, or toilets, which allows an
illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water, 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 § 153-23. The term does not include a discharge in compliance with an NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit.
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.
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 considered
toxic to humans or the environment and may be introduced into any
sewage treatment works 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, as hereinafter
defined; 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.
Runoff from precipitation or snow melt.
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 article shall apply to flows entering the municipal storm
drain system.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain 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
Director of Public Works.
Discharges or flows resulting from firefighting activities are
exempt from the prohibition of non-stormwater discharges. The following
additional non-stormwater discharges or flows are exempt from the
prohibition of non-stormwater discharges, provided that the source
is not a significant contributor of a pollutant to the municipal storm
drain system:
A.
Waterline flushing;
B.
Flow from potable water sources;
C.
Springs;
D.
Natural flow from riparian habitats and wetlands;
E.
Diverted stream flow;
F.
Rising groundwater that enters the storm drain system;
G.
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20);
H.
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space or basement sump
pumps, or air conditioning condensation, provided that they are uncontaminated
and do not cause a nuisance or safety hazard;
I.
Discharge from landscape irrigation or lawn watering;
J.
Water from individual residential car washing;
K.
Uncontaminated water used for dust control;
L.
Water discharge from street sweeping activities;
M.
Dye testing, provided that verbal notification is given to the Director
of Public Works prior to the time of the test;
N.
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine), provided that test data is submitted to the Town substantiating
that the water meets the one-ppm standard, and the pool is drained
in such a way as not to cause a nuisance or public safety issue and
complies with all other applicable Town bylaws;
O.
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; and
P.
Discharge for which advance written approval is received from the
Director of Public Works as necessary to protect public health, safety,
welfare, or the environment.
The Director 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.
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, Police, and
Public Works Departments. In the event of a release of nonhazardous
material, the reporting person shall notify the Director of Public
Works no later than the next business day. The reporting person shall
provide to the Director of Public Works 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 Director of Public Works, or an authorized employee or agent, shall administer, implement and enforce Chapter 153, 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,
permit, notice, or order issued thereunder, the Director of Public
Works may seek equitable 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 Director of Public Works, or an authorized employee or agent,
may issue a written order to enforce the provisions of this chapter,
which may include:
(2)
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.
(3)
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 Franklin will pursue all options available to it, including
imposition of fines, performance of remediation work at violator/property
owner's expense and institution of court action. Property owner shall
be liable for the payment of all expenses incurred by the Town in
connection therewith, including all court costs and attorney's fees
incurred in any enforcement or collection action, and unpaid expenses
shall constitute a lien on the property to the extent provided by
law.
(4)
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 of Franklin,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Director 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 Director 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.
C.
Criminal penalty. Any person who violates any provision of this article,
order or permit issued thereunder, shall be punished by a fine of
$300. 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 of Franklin may elect to utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D. The
Director of Public Works or his designee and the Franklin Police Department
are each designated enforcement agent for purpose of said statute.
The penalty for each violation 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 Director of Public Works, or authorized employees,
agents, officers, may enter upon privately owned property for the
purpose of performing their duties under this article and may make
or cause to be made such examinations, surveys or sampling as the
Director of Public Works deems reasonably necessary.
F.
Appeals. The decisions or orders of the Director of Public Works
shall be final. Further relief shall be by appeal to a court of competent
jurisdiction.
The provisions of Chapter 153 are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this chapter 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 chapter.
Residential property owners shall have 90 days following the effective date of Article IV to comply with its provisions, provided that good cause is shown for the failure to comply with the article during that period.
