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. Regulation of illicit connections and discharges to
the municipal storm drain system is necessary for the protection of
the Town of Middleborough's water bodies and groundwater, and
to safeguard the public health, safety, welfare, and the environment.
The objectives of this bylaw are:
A.
To prevent pollutants, as defined herein, from entering the Town
of Middleborough's municipal separate storm sewer system (hereinafter
the "MS4");
B.
To prohibit illicit connections and unauthorized discharges to the
MS4 to the maximum extent practicable;
C.
To require the removal of all such illicit connections;
D.
To comply with state and federal statutes and regulations relating
to stormwater discharges;
E.
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
Article II of this bylaw shall apply to all waters entering the MS4 that is generated on any developed or undeveloped lands except as explicitly exempted in this bylaw.
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 Board of Selectmen 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 agents of the Board.
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 MS4, regardless of whether
the connection was permissible under applicable law, regulation, or
custom at the time of the 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.
The following activities shall be exempt from the prohibitions under § 238-11:
A.
Discharge or flow resulting from firefighting activities.
B.
Discharge or flow resulting from DPW ice and snow control operations.
C.
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)
Water line flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing and temporary
fund-raising car wash events;
(11)
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 or erosion;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided verbal notification is given to the Board
or its duly authorized agent prior to the time of the test;
(14)
Nonstormwater 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 Massachusetts 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;
(15)
Discharge for which advanced written approval is received from
the Board or its agent as necessary to protect public health, safety,
welfare or the environment; and
(16)
Discharge allowed under a Planning Board-issued special permit/subdivision
approval or under a Conservation Commission-issued order of conditions.
All sump pumps discharging into the MS4 shall be registered
with the authorized enforcement agency. If, for reasons of protecting
public health or the environment, the authorized enforcement agency
deems it necessary, disconnection of a sump pump(s) or pre-treatment
of discharge may be required. Sump pump discharge shall not create
hazards in public ways, nor cause ponding or erosion on adjacent properties.
If a sump pump is creating hazards or causing ponding, erosion, or
other nuisance conditions, it shall be tied into the MS4 after obtaining
the required registration through the enforcement agency. Registration
procedures are specified in the Stormwater Rules and Regulations.
The Board may suspend MS4 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 may take all reasonable steps to prevent or minimize
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 MS4 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 Middleborough Fire and Police Departments.
In the event of a release of nonhazardous material, the person shall
notify the authorized enforcement agency no later than the next business
day. The 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 Board or an authorized agent of the Board shall enforce this
bylaw, regulations, orders, violation notices, and enforcement orders,
and may pursue all criminal remedies for such violations.
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:
(2)
If the enforcing entity 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.
C.
Remedies not exclusive. The remedies listed in these regulations
are not exclusive of any other remedies available under any applicable
federal, state or local law.
D.
If the property owner violates more than one provision of this bylaw,
each provision so violated 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 deems
reasonably necessary.
Any person who violates any provision of this bylaw may be punished
by fines of $300 per offense. Each day or portion thereof during which
a violation continues shall constitute a separate offense.
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 by a court of competent jurisdiction, such invalidity
shall not affect the other provisions or application of this bylaw.
