[Adopted 6-22-2020 by
Art. 20]
For the purposes of this bylaw, the following terms shall mean:
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits that result
in a land disturbance of greater than or equal to one acre. This shall
also include disturbances less than one acre if that disturbance is
part of a larger common plan of development or sale that would disturb
one or more acres. This would include any land disturbance resulting
from, but not limited to, clearing and grubbing, grading, excavating,
and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
254-7 of this bylaw.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the MS4, including, but not limited to,
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.
INDUSTRIAL ACTIVITY
Activities and facilities subject to NPDES industrial permits
as defined in 40 CFR 122.26(b)(14).
MS4
Municipal separate storm sewer systems, also known as the
municipal storm drain system.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to:
A.
Paints, varnishes, and solvents.
B.
Oil, gasoline, and other automotive fluids.
C.
Nonhazardous liquid and solid wastes and yard wastes.
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnance, and accumulations.
[Amended 5-24-2021 by Art. 8]
F.
Pesticides, herbicides, and fertilizers.
G.
Hazardous substances and wastes.
H.
Sewage, fecal coliform and pathogens.
I.
Dissolved and particulate metals.
K.
Wastes and residues that result from constructing a building
or structure.
L.
Noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
PROCESS WASTEWATER
Water that comes into direct contact with or results from
the production or use of any material, intermediate product, finished
product, or waste product in manufacturing or processing.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
VIOLATOR
Any person who has been issued a notice of violation of this
bylaw.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
A man-made or natural channel through which water flows,
such as a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal rivers, and groundwater.
This bylaw shall apply to all water entering the municipal storm
drainage system generated on any developed and undeveloped lands unless
explicitly exempted by the Planning Board. The provisions in this
bylaw shall take precedence over any conflicting provisions from previous
bylaws.
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 set forth in the federal
Clean Water Act found at 40 CFR 122.34.
The Conservation Commission shall administer, implement, and
enforce the provisions of this bylaw. The Chairman of the Conservation
Commission may delegate, in writing, any powers granted or duties
of the Conservation Commission to its employees or agents.
The following discharges are exempt from discharge prohibitions
established by this bylaw, unless the discharge is determined by the
Conservation Commission or the United States Environmental Protection
Agency (USEPA) to be a significant contributor of a pollutant to the
MS4, in which case the following discharges may be subject to the
terms of this bylaw:
A. Water line
and hydrant flushing;
B. Flow from
potable water sources;
C. Flow from
landscape irrigation or lawn watering;
D. Wastewater
from noncommercial washing of vehicles;
E. Flow resulting
from firefighting activities;
F. Dechlorinated
water from swimming pools (if dechlorinated to less than one part
per million chlorine);
G. Uncontaminated
water originating from residential pumping, including air-conditioning
condensation and water from exterior foundation or footing drains
(not including active groundwater dewatering systems);
[Amended 5-24-2021 by Art. 9]
H. Diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, springs, or natural flow from riparian habitats or wetlands;
I. Dye testing,
given a verbal notification to the Conservation Commission prior to
the time of testing;
J. Discharges
specified in writing by the Conservation Commission as being necessary
to protect public health and safety; and
K. Any nonstormwater
discharge that is permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the
authority of the U.S. Environmental Protection Agency, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Conservation Commission prior to the allowing
of discharges to the MS4.
The Conservation Commission 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 MS4, or waters of the Commonwealth. 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 MS4 or watercourses through the
use of these structural and nonstructural BMPs. 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. 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.
Every person owning property through which a watercourse passes,
or such person's lessee, shall not place trash, debris, yard waste,
vegetation, or other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
Notwithstanding other requirements of local, state, or federal
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging
into stormwater, the MS4, or waters of the Commonwealth, said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release in accordance with this bylaw and any
regulations promulgated pursuant to this bylaw. In the event of release
of hazardous materials from the sanitary sewer, said person shall
immediately notify the Board of Health. In the event of release of
any other hazardous material, said person shall immediately notify
the Fire Department which shall then notify the Conservation Commission.
In the event of a release of nonhazardous materials, said person shall
notify the Conservation Commission no later than the next business
day. Notification of a release to the Conservation Commission shall
include all pertinent information regarding the release, including
proof of notification to the Massachusetts Department of Environmental
Protection, if such notification was required.
The provisions of this bylaw are hereby declared to be severable.
If any provision, clause, sentence, or paragraph 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.
The Conservation Commission or selected designee may promulgate
after due notice and public hearing rules and regulations to effectuate
the purposes of this bylaw. Failure by the Conservation Commission
or selected designee to promulgate such rules and regulations or a
legal declaration of their invalidity by a court of law shall not
act to suspend or invalidate the effect of this bylaw.
Property owners shall have 60 days from the effective date of
the bylaw to comply with its provisions or petition the Conservation
Commission for an extension.