[HISTORY: Adopted by the Select Board of the Town of Nantucket 3-15-2023. Amendments noted where applicable.]
A. 
As undeveloped areas are converted to urban uses, the natural vegetation is removed, land slopes may be excavated or filled, ground surfaces are paved over, and stream channels are modified. The result is an increase in runoff and a reduction in the ability of the land to provide natural treatment to the runoff. Land is disturbed and exposed to erosion by wind and water during this period of conversion. Soil displaced by erosion contributes to both on-site and off-site damages. A portion of the soil reaches the state's streams, lakes, and coastal waters as sediment.
B. 
Unregulated water flows can cause major impairment of water quality within harbors, ponds, streams, wetlands, and groundwater. Additionally, unregulated water flows have negative impacts to wildlife habitat, contamination of public water supplies, damage to public infrastructure, exacerbate flooding, and cause damage to public and private property. The purpose of these regulations is to:
(1) 
Prevent illicit discharges and connections to the Town's stormwater systems;
(2) 
Regulate discharges from swimming pools;
(3) 
Regulate land disturbance, development, or construction; and
(4) 
Regulate generally the discharge of water to surface water bodies, Island-wide.
C. 
These programs are intended to positively impact the controllable load to the Town's stormwater systems, surface water bodies, protect public or private water supply, protect groundwater resources, and increase overall resiliency to storm and flooding events. These regulations are also intended to promote maintenance of existing native vegetation, prevention of soil erosion and sedimentation associated with new development or redevelopment, and reduce public expenditures in removing sediment from municipal infrastructure.
These Surface Water and Groundwater Protection Regulations (the "regulations") have been adopted by the Town of Nantucket Select Board. These regulations are enacted pursuant to MGL c. 83, § 10 and Chapter 396 of the Acts of 2008.
As used in these regulations, the following terms shall have the meanings indicated:
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, rainwater, groundwater 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 these regulations.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system, public or private roadway or into a watercourse or the waters of the commonwealth that is not composed entirely of stormwater. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit or resulting from fire-fighting activities.
SWIMMING POOL
Includes every artificial pool of water used for swimming or bathing, located indoors or outdoors, together with the bathhouses, equipment, and appurtenances used in connection with the pool. This includes any special purpose pool or residential pool designed for recreational and therapeutic use which is shallow in depth and not meant for swimming or diving. These pools are not drained, cleaned or refilled for each user. It may include, but not be limited to, hydro jet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination thereof. Industry terminology for such a pool includes but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, hot tub, float tank, splash pool, plunge pool, lap pool, or any other water feature that holds over 100 gallons.
A. 
Illicit discharges and illicit connections.
(1) 
No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into any area, including but not limited to the municipal storm sewer, into a watercourse, or into the waters of the commonwealth.
(2) 
No person shall construct, use or allow, maintain or continue any illicit connection to the municipal sewer system or storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
(3) 
Any existing system utilizing the Town of Nantucket sanitary sewer shall be removed or brought into compliance with these regulations within 180 days of notification, with all associated fees to be incurred by the property owner.
(4) 
All property owners having existing discharges shall provide documentation of their existing discharge within one year of the effective date of these regulations and shall be subject to inspection to ensure compliance with Town standards. Documentation of these systems shall include, at a minimum:
(a) 
Map and parcel.
(b) 
Street address.
(c) 
Type of discharge.
(d) 
Sketch of the start of the system and discharge point.
(e) 
Photographs of the system.
(5) 
All existing discharges utilizing the Town of Nantucket stormwater system shall be allowed to remain, with the property owner charged a capacity fee as set by the Board of Health.
(6) 
No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval as described within § 361-4D(1)(a) of these regulations.
(7) 
Exemptions: fire-fighting activities, natural springs, natural flow from riparian habitats and wetlands, stream flow, landscape irrigation, residential vehicle washing, street sweeping activities, and agriculture.
B. 
Discharges from swimming pools.
(1) 
All pool drainage shall be in compliance with the most current pool draining best management practices set forth by the National Swimming Pool Foundation.
(2) 
Pool drainage, filter backwash or filter discharge must not be directly discharged into a storm drain, sewer main, potable water well, or within 100 feet of a wetland.
(3) 
Any subsurface on-site drainage facility servicing the pool must comply with these regulations.
(4) 
No pool or pool equipment, bathroom or kitchen appliances shall be connected to an on-site sewage disposal system.
(5) 
All pool drainage or surface runoff related to the pool and its hardscaping shall be contained on-site.
(6) 
All pools must be dechlorinated at least 48 hours before any draining.
(7) 
Notification of pool drainage shall be provided to the Health Department and the Natural Resources Department a minimum of 72 hours before drainage commencement.
(8) 
A statement of dechlorination and drainage shall be provided to the Health Department within 10 calendar days of drainage, along with the appropriate filing fee as determined by the Select Board. No pool draining or discharge activities are allowed without the approval of the Health Department and the Natural Resources Department.
(9) 
All pool draining processes are subject to inspection by Town enforcement personnel as identified in § 361-5 of these regulations.
(10) 
All pool drainage must comply with the requirements within 105 CMR 435.00.
C. 
Land disturbance, development or construction. Persons conducting any land disturbance, development or construction exceeding 120 square feet on any site must meet the following minimum standards:
(1) 
All loose sediments must be contained on-site.
(2) 
Any catch basins within 100 feet of the project area must have a sediment barrier during the project period.
(3) 
No water discharge shall cause significant soil erosion.
(4) 
All water discharge shall be kept on-site, unless allowed by permit condition.
(5) 
Any soil stockpiled on sites shall be vegetated, covered by erosion control blankets, or a siltation barrier shall be installed around the base of the stockpile.
(6) 
All work shall meet the standards set forth by the Executive Office of Environmental Affairs in its best management practice guide called "Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas."
D. 
Discharges to surface water and groundwater. No person shall discharge or cause to discharge any water to surface water and groundwater, including sump pumps, without a permit issued by the Town of Nantucket.
(1) 
Temporary discharges.
(a) 
No person shall discharge or cause to be discharged to surface water or groundwater on a temporary basis without a permit issued by Town Administration. All temporary surface and groundwater discharge permit applications shall be reviewed for the following criteria and by the following departments:
[1] 
Location of discharge and collection point: Department of Public Works.
[2] 
Public health impacts: Health Department.
[3] 
Environmental impacts: Natural Resources Department.
(b) 
All temporary discharge permits shall pay a fee as set by the Select Board.
(c) 
All temporary discharges shall meet federal water quality testing standards prior to activation.
(d) 
No unfiltered discharges shall be permitted.
(2) 
Permanent discharges.
(a) 
No person shall discharge or cause to be discharged to surface water or groundwater on a permanent basis without a permit issued by the Board of Health.
(b) 
The installation of a sump pump shall require a plumbing permit and inspection as required by the Plumbing Code.
(c) 
All permanent discharges shall be required to be contained on-site and infiltrated through either a bioretention area or subsurface infiltration.
(d) 
All subsurface infiltration shall be required to maintain a six-foot separation to groundwater. If six-foot separation cannot be attained, bioretention is required.
(e) 
A fee for permanent discharge or a sump pump shall be determined by the Board of Health.
A. 
Whoever violates any provision of these regulations shall be subject to a fine of $300, each day constituting a separate offense. The Board of Health and other officers assigned by the Board of Health, including but not limited to agents of the Board of Health, Natural Resources Department, Conservation Agents, Department of Public Works and Nantucket Police Department, to enforce these regulations may, as an alternative to initiating criminal proceedings, proceed to a noncriminal disposition of any violation of these regulations pursuant to the procedures set forth in MGL c. 40, § 21D.
B. 
In addition to fines, any violation of these regulations may result in the assessment of a civil penalty not exceeding $5,000 for each violation. Each day a violation continues shall constitute a separate violation.
C. 
These regulations may be enforced through injunctive relief and other equitable remedies.
Discharge Permits
Fee
Temporary discharge permit
$50
Permanent discharge permit
$250
Unpermitted discharge
4x permit fee per day