[Adopted 4-6-2010 as
Art. XXXII of the General Bylaws]
For the purposes of this bylaw, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Department of Public Works, (hereafter "the DPW Director"),
its employees or agents designated to enforce this bylaw.
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.
ILLICIT CONNECTION
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.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
248-8. 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 and other exempt activities pursuant to §
248-8 of this bylaw.
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 Sudbury.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, 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, without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous 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;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
[Amended 10-23-2023 STM
by Art. 2]
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.
WATERCOURSE
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, coastal waters, and groundwater.
This bylaw shall apply to flows entering the municipally owned
storm drainage system.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act, and pursuant to the regulations of the Federal Clean Water
Act found at 40 CFR 122.34.
The DPW Director shall administer, implement and enforce this
bylaw. Any powers granted to or duties imposed upon the DPW Director
may be delegated, in writing, by the DPW Director to its employees
or agents.
The DPW Director may promulgate rules and regulations to effectuate
the purposes of this bylaw. Failure by the DPW Director to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this bylaw.
The following nonstormwater discharges or flows are exempt from
the prohibition of nonstormwater discharges, provided that the source
is not a significant contributor of a pollutant to the municipal storm
drain system:
B. Discharge or flow resulting from firefighting activities;
C. Flow from potable water sources;
E. Natural flow from riparian habitats and wetlands;
H. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20),
or uncontaminated pumped groundwater;
[Amended 10-23-2023 STM
by Art. 2]
I. Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
J. Discharge from landscape irrigation or lawn watering;
K. Water from individual residential car washing;
L. Discharge from dechlorinated swimming pool water (less than one ppm
chlorine), provided the water 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;
M. Discharge from street sweeping;
N. Dye testing, provided written notification is given to the DPW Director
prior to the time of the test;
O. 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
P. Discharge for which advanced written approval is received from the
DPW Director as necessary to protect public health, safety, welfare
or the environment.
The DPW Director 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 DPW Director may take all
reasonable steps to prevent or minimize harm to the public health,
safety, welfare or the environment.
Notwithstanding other requirements of local 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, 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,
and the DPW Director, Board of Health and Conservation Commission.
In the event of a release of nonhazardous material, the reporting
person shall notify the DPW Director no later than the next business
day. The reporting person shall provide to the DPW Director 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 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.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this bylaw 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 bylaw.
[Amended 10-23-2023 STM
by Art. 2]
Residential property owners shall have 180 days from the effective
date of the bylaw to comply with its provisions. An extension may
be granted, provided good cause is shown for the failure to comply
with the bylaw during that period.