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:
(a) 
Elimination of illicit connections or discharges to the MS4;
(b) 
Performance of monitoring, analyses, and reporting;
(c) 
That unlawful discharges, practices, or operations shall cease and desist; and
(d) 
Remediation of contamination in connection therewith.
(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.