Article
II of this chapter shall apply to all water entering the municipal storm drain system or going, directly or indirectly, into a watercourse, or into the waters of the commonwealth or the Town of Norwell, that is generated on any developed or undeveloped lands except as explicitly exempted in this chapter or where the Stormwater Authority has issued a waiver in accordance with Article
I, §
65-5.
The following activities shall be exempt from the requirements
and provisions of this chapter:
A. Discharge or flow resulting from firefighting activities.
B. The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwater, provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system or,
directly or indirectly, into a watercourse, or into the waters of
the commonwealth:
(2) Natural flow from springs;
(3) Natural flow from riparian habitats and wetlands;
(5) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater (e.g., sump pump), provided that
where a pump intake exists inside a structure, the operator seeks
a drainage connection permit from the Highway Surveyor prior to discharge
and thereafter discharges in accordance with the requirements of the
approved permit and applicable laws and regulations to be issued by
the Stormwater Authority. Connections to the municipal storm drain
system shall require a gas trap or equivalent device/method, approved
by the Highway surveyor and incorporated into the drainage connection
permit, to prevent gasses from migrating into buildings;
(6) Discharge from street sweeping;
(7) Dye testing, provided verbal notification is given to the Stormwater
Authority prior to the time of the test;
(8) Nonstormwater discharge permitted under an NPDES permit, waiver,
or waste discharge order administered under the authority of the United
States Environmental Protection Agency and the Town of Norwell Conservation
Commission, provided that the discharge is in full compliance with
the requirements of the permit, waiver, or order and applicable laws
and regulations;
(9) Discharge for which advanced written approval has been received from
the Stormwater Authority as necessary to protect public health, safety,
general welfare, or the environment; and
(10)
Discharge or flow that results from exigent conditions and occurs
during a public health emergency declared by an agency of the federal
or state government, or by the Town Administrator, Board of Selectmen,
or Board of Health.
Pet waste: Dog feces are a major component of stormwater pollution. It shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland, or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a service dog or other service animal registered as such. Persons walking dogs must carry with them a device designed to dispose of dog feces including, but not limited to, a plastic bag or "pooper scooper." For specific requirements and penalties for violations, see Norwell Town Code Chapter
45, Article
II, Animal Control.
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 presents imminent risk of harm to the public health,
safety, general 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, general 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 the facility
or operation resulting in or which may result in discharge of pollutants
to the municipal storm drain 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 municipal fire
and police departments, the Town Administrator, the Board of Health,
Conservation Commission, and the Water Superintendent. In the event
of a release of non-hazardous material, the reporting person shall
notify the Town Administrator and the Conservation Commission no later
than the next business day. The reporting person shall provide to
the Town Administrator 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 facility operator shall also retain
on site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for a least
three years.
The Stormwater Authority or its authorized agents, employees,
or designees shall enforce this chapter, and any associated regulations,
orders, violation notices, and enforcement orders, and may pursue
all civil and criminal remedies for such violations. The Town may
enforce this chapter or enjoin violations thereof through any lawful
process, and the election of one remedy by the Town shall not preclude
enforcement through any other lawful means.
A. Civil relief: If a person violates the provisions of this chapter,
or any associated rules and regulations, permit, notice, or order
issued thereunder, the Stormwater Authority may seek injunctive relief
in a court of competent jurisdiction restraining the person from activities
which would create further violations, and/or compelling the person
to perform abatement or remediation of the violation.
B. Orders.
(1) The Stormwater Authority or its authorized agents, employees, or
designees may issue a written order to enforce the provisions of this
chapter or any rules and regulations thereunder, which may include,
but are not limited to:
(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;
(d)
That measures shall be taken to minimize the discharge of pollutants
until such time as the illicit connection shall be eliminated; and
(e)
Remediation of contamination in connection therewith.
(2) Said orders shall specify a deadline by which the required action
shall be completed. The order shall further advise that, should the
violator or property owner fail to abate or perform remediation within
the specified deadline, the Town may, at its option, undertake such
work, that it deems necessary to protect public health, safety, general
welfare, and environment, and all costs incurred by the Town shall
be charged to the violator or property owner, to be recouped through
all available means, including the placement of liens on the property.
(3) 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 Stormwater
Authority 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 Stormwater Authority 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 and shall constitute
a lien on the owner's property title 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 thirty-first
day at which the costs first become due.
C. Criminal penalty: Any person who violates any provision of this chapter,
regulation, order, or permit issued thereunder may be penalized by
indictment or on complaint brought in a court of competent jurisdiction.
Except as may be otherwise provided by law and as the court may see
fit to impose, the penalty for each violation or offense shall be
$300. Each day or part thereof that such violation occurs or continues
shall constitute a separate offense. If more than one, each condition
violated shall constitute a separate offense.
D. Noncriminal disposition: As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure pursuant to MGL c. 40, § 21D, in which case the
Town Administrator or their authorized agent 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.
E. Right of entry: To the extent permitted by law, or if authorized
by the owner or other party in control of the property, the Stormwater
Authority, its authorized agents, employees, or designees may enter
upon private property for the purpose of performing their duties under
this chapter and regulations and may make or cause to be made such
examinations, surveys, or sampling as the Stormwater Authority deems
reasonably necessary.
F. Appeals: The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be to a court of competent jurisdiction.
G. Remedies not exclusive: The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law.
Property owners with illicit discharges, connections, and/or obstructions to the municipal storm drain system shall have a period of 180 days from the effective date of this chapter to comply with its provisions and remove such discharges, connections, and/or obstructions, unless immediate removal is required for the protection of public health, safety, general welfare, and the environment. On petition of the owner, the Stormwater Authority may extend the time for compliance by regulation or by waiver in accordance with §
65-14 of this chapter.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this chapter 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 chapter.