[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:
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:
The Highway Department, its employees or agents designated
to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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 from any source.
All water beneath the surface of the ground.
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]
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.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil.
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.
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.
Any discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
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:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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; soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Runoff from precipitation or snow melt.
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.
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, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, costal waters, and groundwater.
This bylaw shall apply to flows entering the municipally owned
storm drainage system.
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.
