[HISTORY: Adopted by the Town Meeting of the Town of Plymouth 4-6-2019 STM by Art. 16 (Ch. 159 of the 1999 Code). Amendments noted where applicable.]
A. 
Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flows in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding.
B. 
Regulation of illicit connections and discharges to the municipal storm drain system and watercourses is necessary for the protection of the Town of Plymouth's water bodies and groundwater, and to safeguard the public health, safety, welfare, and the environment.
C. 
The objectives of this bylaw are:
(1) 
To prevent pollutants from entering the Town of Plymouth municipal separate storm sewer system (MS4) or watercourses;
(2) 
To prohibit illicit connections and unauthorized discharges to the MS4 and watercourses;
(3) 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
(4) 
To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement through the Department of Public Works Engineering Division.
For the purposes of this bylaw, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Plymouth Department of Public Works, its employees or any agents designated by the Plymouth Department of Public Works 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.
GROUNDWATER
Water beneath the surface of the ground.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drain system or a watercourse, 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 or a watercourse that is not composed entirely of stormwater, except as exempted in § 265-4 of this bylaw.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water from infiltrating the underlying soil. The term "impervious surface" includes without limitation roads, paved parking lots, sidewalks, and rooftops.
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 Plymouth.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the 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
Discharge to the municipal storm drain system not composed entirely of stormwater.
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. 
Non-hazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, 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
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.
STORMWATER
Runoff from precipitation or snow melt, and surface water runoff and drainage which does not contain pollutants or wastewater.
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.
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 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 all liquid and other matters entering the municipal storm drain system or going, directly or indirectly, into a watercourse or waters of the commonwealth, that will be generated on any developed or undeveloped lands except as explicitly exempted in this bylaw.
[Amended 10-18-2025 ATM by Art. 10]
A. 
Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), onto an impervious surface directly connected to the MS4, or, directly or indirectly, into a watercourse or waters of 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 the 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 consent from the authorized enforcement agency.
D. 
Exemptions. The following are exempt from the restrictions and prohibitions of this bylaw:
(1) 
Discharge or flow resulting from fire-fighting activities;
(2) 
The following non-stormwater discharges or flows are exempt from the prohibitions of non-stormwater, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, to a watercourse or waters of the commonwealth:
(a) 
Water line flushing;
(b) 
Flow from potable water sources;
(c) 
Springs;
(d) 
Natural flow from riparian habitats and wetlands;
(e) 
Diverted stream flow;
(f) 
Rising groundwater;
(g) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20), or uncontaminated pumped groundwater (e.g., sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit from the authorized enforcement agency prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the authorized enforcement agency;
(h) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems - separate discharge permit required), crawl space pumps, or air-conditioning condensation;
(i) 
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;
(j) 
Discharge from street sweeping;
(k) 
Dye testing, provided verbal notification is given to the authorized enforcement agency prior to the time of the test;
(l) 
Non-stormwater discharge permitted under an NPDES permit (including the latest The Dewatering General Permit and Construction General Permit for the Commonwealth of Massachusetts), 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 that a copy of such permit is provided to the Town at least seven workings days prior to the discharge; and
(m) 
Discharge for which advanced written approval is received from the authorized enforcement agency as necessary to protect public health, safety, welfare or the environment.
The authorized enforcement agency 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 an 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 authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, 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 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. In the event of a release of nonhazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide 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.
[Amended 10-18-2025 ATM by Art. 10]
The authorized enforcement agency shall enforce this bylaw, and any associated regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, the authorized enforcement agency may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. 
Orders.
(1) 
The authorized enforcement agency may issue a written order to enforce the provisions of this bylaw or any regulations thereunder, which may include:
(a) 
Elimination of illicit connections or discharges to the MS4;
(b) 
Elimination of discharges to the MS4 or, directly or indirectly, into a watercourse or into the waters of the commonwealth;
(c) 
Performance of monitoring, analyses, and reporting;
(d) 
That unlawful discharges, practices, or operations shall cease and desist;
(e) 
That measures shall be taken to minimize the discharge of pollutants until the illicit connection shall be eliminated; and
(f) 
Remediation of contamination in connection therewith.
(2) 
If the authorized enforcement agency determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said 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, and expenses thereof shall be charged to the violator.
(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 authorized enforcement agency 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 authorized enforcement agency 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. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and Chapter 1, General Provisions, Article II, § 1-4 and § 1-5, of the Code of the Town of Plymouth, in which case the authorized enforcement agency shall be the enforcing person. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. 
Entry to perform duties under this bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the authorized enforcement agency, 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 authorized enforcement agency deems reasonably necessary.
E. 
Appeals. The decisions or orders of the authorized enforcement agency shall be final. Further relief shall be to a court of competent jurisdiction.
F. 
Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.
[Amended 10-18-2025 ATM by Art. 10]
The authorized enforcement agency may promulgate rules and regulations to effectuate the purposes of this bylaw after conducting a public hearing to receive comments. Such hearing shall be advertised on the Town website at least 14 days prior to the hearing date. Failure by the authorized enforcement agency to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.
Residential property owners shall have 90 days from the effective date of this bylaw to comply with its provisions, provided good cause is shown for the failure to comply with the bylaw during that period.
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.