This article provides authority to the Town to prohibit illicit discharges, connections and obstructions to the Town (MS4) stormwater management systems. It also provides a basis for regulating and authorizing private connection(s) to the Town MS4.
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.
A. 
Illicit discharges: No person shall dump, discharge, spill, cause or allow to be discharged, any pollutant or nonstormwater discharge, including, but not limited to: pumped groundwater, foundation drains, and swimming pool discharges, into the municipal storm drain system, onto an impervious surface directly connected to the municipal storm drain system, or, directly or indirectly, into a watercourse, or into the waters of the Town of Norwell or the commonwealth.
B. 
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.
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 consent from the Stormwater Authority.
A. 
No person shall connect a pipe or other appurtenance to the municipal storm drain system (including but not limited to roads, catch basins, drain pipes, manholes etc.,), or otherwise perform any modification, repair, rehabilitation, or replacement work on the storm drain system, without receiving an approved drainage connection permit from the Highway Department. If connections are granted, either the Town or the applicant shall, at the time of connection, add or upgrade to oil/water separators and sumps or other best management practices as required by the Highway Surveyor.
B. 
No person shall allow a pipe, swale, or other point source to discharge onto a public way pursuant to Norwell Town Code § 81-9.
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:
(1) 
Waterline flushing;
(2) 
Natural flow from springs;
(3) 
Natural flow from riparian habitats and wetlands;
(4) 
Rising groundwater;
(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.