Article
II of this bylaw shall apply to all discharges of water entering the MS4 System or going, directly or indirectly, into a watercourse, or into the waters of the Commonwealth, that is generated on any developed or undeveloped lands except as explicitly exempted in this bylaw or where the Stormwater Authority has issued a waiver in accordance with Article
I §
354-5.
The Stormwater Authority 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 present 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 Stormwater Authority
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 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 Fire and Police 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 Stormwater
Authority 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. Nothing contained herein shall operate to excuse compliance
with all other applicable laws, rules and regulations.
Residential property owners with illicit discharges, connections
and/or obstructions to the MS4 shall have a period of 60 days from
the effective date of this bylaw to remove such discharges, connections
and/or obstructions, unless immediate removal is required for the
protection of public health, safety, welfare or the environment. The
Stormwater Authority may extend the time for compliance by decision,
regulation or by waiver in accordance with Section 6 of this Bylaw.