[HISTORY: Adopted by the Town Meeting of the Town of Avon 6-29-2020 ATM by Art. 9. Amendments noted where applicable.]
A.
The United States Environmental Protection Agency has identified
land disturbance and polluted stormwater runoff as major sources of
water pollution. Regulation of illicit connections and discharges
to the municipal storm drain system is necessary for the protection
of the Town of Avon's water bodies and groundwater resources and to
safeguard the public health, safety, and welfare and the natural resources
of the Town. Increased volumes of stormwater and contaminated stormwater
runoff are major causes of:
B.
The purpose of this bylaw is to prohibit and eliminate illicit connections
and discharges; safeguard the public health, safety, environment,
and general welfare; protect aquatic resources and wildlife habitat;
protect the quality and health of water resources; conserve groundwater
supplies; and foster climate change resiliency.
C.
This bylaw seeks to meet that purpose through the following objectives:
(1)
To prevent pollutants from entering the Town of Avon's municipal
storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges to the
municipal storm drain system;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following terms shall have
the meanings indicated:
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 of Massachusetts from any source.
Water beneath the surface of the ground, including confined
or unconfined aquifers.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, including
without limitation 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.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 151-7. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to § 151-7B of this bylaw.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Avon, MA.
A permit issued by the United States Environmental Protection
Agency (EPA) or jointly with the Commonwealth of Massachusetts that
authorizes the discharge of stormwater 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 of Massachusetts 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 of Massachusetts.
Pollutants shall include, but not be limited to:
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, ordinances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform, and
pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, and 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.
Stormwater, snow melt, and surface water runoff and drainage.
A permit issued by the Department of Environmental Protection
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 or 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 MGL
c. 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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
This bylaw shall apply to flows entering the municipal storm
drainage system.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and in accordance with the regulations of the federal Clean Water
Act found at 40 CFR 122.34 and as authorized by the residents of the
Town of Avon at the spring 2020 Town Meeting and as amended.
[Amended 1-28-2023 STM by Art. 9]
A.
The Select Board shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Department may be
delegated in writing by the Town Administrator to employees or agents
of the Board of Health, Department of Public Works, Department of
Conservation, Building Department, or other Town Department.
B.
The decisions or orders of the Select Board shall be final. Further
relief shall be to a court of competent jurisdiction.
[Amended 1-28-2023 STM by Art. 9]
The Select Board may promulgate rules and regulations to effectuate
the purposes of this bylaw after conducting an advertised public hearing
to receive comments on any proposed revisions. The hearings shall
be duly advertised in a paper of general circulation in the Town of
Avon no less than 14 days prior to the date of the public hearing.
Failure by the Select Board to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
A.
Prohibited activities:
(1)
Illicit discharges. No person shall dump, discharge, cause, or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal storm drain system, into a watercourse, or into the waters
of the Commonwealth of Massachusetts.
(2)
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.
(3)
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.
(4)
Pumping of water. No owner or occupant shall direct, discharge, lead,
or pump water, clear or otherwise, including groundwater, onto any
public ways, streets, or adjacent property. Any pumping of groundwater
shall be done in such a way that the water does not create a public
nuisance to the Town or abutting properties. Any pumping of water
into or out of the municipal storm drain system is prohibited without
prior written approval from the Department of Public Works.
B.
Exemptions:
(1)
Discharge or flow resulting from firefighting activities;
(2)
The following nonstormwater discharges or flows are exempt from this
bylaw, 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;
(g)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater;
(h)
Discharge from landscape irrigation or lawn watering;
(i)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air
conditioning condensation;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated swimming pool water (less than
one ppm chlorine) provided 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 applicable Town bylaws;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is given to the Department
of Public Works prior to the time of the test;
(n)
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 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
(o)
Discharge for which advance written approval is received from
the Board of Health or Conservation Commission as necessary to protect
public health, safety, welfare or the environment; and
(3)
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government, or by the Avon Town Administrator, Select Board
or Board of Health.
[Amended 1-28-2023 STM by Art. 9]
[Amended 1-28-2023 STM by Art. 9]
The Select Board 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. In the event any person fails to comply
with an emergency suspension order, the Select 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 municipal drainage system or waters of the Commonwealth of
Massachusetts, 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 Avon Fire and Police Departments.
A.
The Select Board or an authorized agent of the Department of Public
Works or Board of Health shall enforce this bylaw, regulations, orders,
violation notices, and enforcement orders, and may pursue all civil
and criminal remedies for such violations.
[Amended 1-28-2023 STM by Art. 9]
B.
The Select Board or an authorized agent of the Department of Public
Works or Board of Health may issue a written order to enforce the
provisions of this bylaw or the regulations thereunder, which may
include:
[Amended 1-28-2023 STM by Art. 9]
C.
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. 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 Avon may, at its option, undertake such work, and all costs
incurred by the Town shall be charged to the violator, to be recouped
through all available means, including the placement of liens on the
property.
D.
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, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Select
Board 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 Select Board 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.
[Amended 1-28-2023 STM by Art. 9]
[Amended 1-28-2023 STM by Art. 9]
To the extent permitted by Massachusetts law, or if authorized
by the owner or other party in control of the property, the Select
Board or its agents 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 Select Board deems reasonably necessary.
[Amended 1-28-2023 STM by Art. 9]
If a person violates the provisions of this bylaw, regulations,
permit, notice, or order issued thereunder, the Select Board may seek
injunctive 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.
A.
Any person who violates any provision of this bylaw, regulation,
order or permit issued thereunder shall be punished by a fine of not
more than $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
B.
As an alternative to criminal prosecution or civil action, the Town
of Avon may elect to utilize the noncriminal disposition procedure
set forth in MGL c. 40, § 21D, in which case the Select
Board or an authorized agent of the Select Board shall be the enforcing
person. The penalty for each violation shall be $300. Each day or
part thereof that such violation occurs or continues shall constitute
a separate offense.
[Amended 1-28-2023 STM by Art. 9]
The remedies listed in this bylaw are not exclusive of any other
remedies available under any applicable federal, state or local law.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
