[HISTORY: Adopted by the Town Meeting of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. XXXVII of the General Bylaws]
A. 
Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of the Town of Southampton's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff are major causes of:
(1) 
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;
(2) 
Contamination of drinking water supplies;
(3) 
Alteration or destruction of aquatic and wildlife habitat; and
(4) 
Flooding.
B. 
The objectives of this bylaw are:
(1) 
To prevent pollutants from entering the Town of Southampton's municipal separate storm sewer system (MS4);
(2) 
To prohibit illicit connections and unauthorized discharges to the MS4;
(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 shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Highway Department, its employees or agents designated to enforce this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
DISCHARGE OF POLLUTANTS
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 from any source.
GROUNDWATER
All water beneath the surface of the ground.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the municipal storm drain system, except as specifically exempted in § 224-6D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 224-6D of this bylaw.
[Amended 5-9-2023 ATM by Art. 31]
ILLICIT CONNECTION
Any surface or subsurface drain or conveyance which allows an illegal discharge into the municipal storm drain system. Illicit connections include conveyances which allow a non-stormwater discharge to the municipal storm drain system, including 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.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water from infiltrating the underlying soil.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM
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 Southampton.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.
NON-STORMWATER DISCHARGE
Any discharge to the municipal storm drain system not composed entirely of stormwater.
PERSON
Any individual, partnership, association, firm, company, trust, corporation, and any agency, authority, department or political subdivision of the commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
POLLUTANT
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 or may be introduced into any sewage treatment works or waters of the commonwealth. Pollutants shall include:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock; sand; salt; soils;
J. 
Construction wastes and residues; and
K. 
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Any 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.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
STORMWATER
Runoff from precipitation or snow melt.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
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 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.
WASTEWATER
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.
WATERCOURSES
A natural or man-made channel through which water flows or a stream of water, including 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, costal waters, and groundwater.
The Highway Department shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the Highway Department may be delegated in writing by the Highway Department to employees or agents of the Highway Department.
The Highway Department may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Highway Department to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.
A. 
Illegal discharges. No person shall dump, discharge, or cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, watercourse, or into the waters of the commonwealth. Emergency pumping performed by the Fire Department must utilize appropriate best management practices (BMPs) and follow hazardous materials disposal guidelines to prevent contamination of the municipal storm drainage system with hazardous materials. If hazardous materials are observed within the flooded area or are suspected to be contained within the flooded area, a qualified hazmat technician must be consulted before pumping. If hazardous materials are observed at any point during pumping, cessation of pumping is required until a qualified hazmat technician can be consulted and BMPs put in place to prevent the contamination of nearby waterways and the municipal storm drainage system.
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 approval from the Highway Department.
D. 
Exemptions. This section shall not apply to any of the following non-stormwater discharges or flows, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
(1) 
Water line flushing;
(2) 
Flows from potable water sources;
(3) 
Springs;
(4) 
Flows from riparian habitats and wetland;
(5) 
Diverted stream flows;
(6) 
Rising groundwaters;
(7) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20), or uncontaminated pumped groundwater;
(8) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
(9) 
Discharges from landscape irrigation or lawn watering;
(10) 
Water from individual residential car washing;
(11) 
Discharges from dechlorinated swimming pool water (less than one ppm chlorine) provided it is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;
(12) 
Discharges from street sweeping;
(13) 
Discharges or flows resulting from firefighting activities;
(14) 
Dye testing provided written notification is given to the Highway Department prior to the time of the test;
(15) 
Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
(16) 
Discharges for which advanced written approval is received from the Highway Department if necessary to protect public health, safety, welfare or the environment.
The Highway Department 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 illegal discharge that presents or may 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 Highway Department may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
Notwithstanding any 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 at that facility or operation which is resulting or may result in illegal discharge of pollutants, that 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 and the Highway Department. In the event of a release of non-hazardous material, said person shall notify the Highway Department no later than the next business day. Written confirmation of all telephone, facsimile or in-person notifications shall be provided to the Highway Department 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.
A. 
Enforcement agent. The Highway Department or an authorized agent of the Highway Department shall enforce this bylaw, and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.
B. 
Orders.
(1) 
The Highway Department may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include: elimination of illicit connections or discharges to the storm drainage system; termination of access to the storm drainage system; performance of monitoring, analyses, and reporting; cessation of unlawful discharges, practices, or operations; and remediation of contamination in connection therewith. If the Highway Department determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. 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 Southampton may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner.
(2) 
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 of Southampton, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Highway Department 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 Highway Department 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.
C. 
Equitable remedy. If anyone violates the provisions of this bylaw, regulations, permit, notice, or order issued thereunder, the Highway Department may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities which would create further violations or compelling the person to abate or remediate the violation.
D. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Southampton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D. The enforcing person and penalty shall be as provided in Chapter 203, Noncriminal Disposition. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-9-2023 ATM by Art. 31]
E. 
Right-of-entry. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Highway Department, its agents, officers, and employees 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 Highway Department deems reasonably necessary.
F. 
Remedies not exclusive. 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.
[Amended 5-9-2023 ATM by Art. 31]
Residential property owners shall have 120 days from the effective date of the bylaw to comply with its provisions.