[HISTORY: Adopted by the Town Meeting of the Town of Freetown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-20-2006 STM; amended 5-7-2007 ATM (Art. 27 of the 1956 Bylaws Compilation)]
A. 
The objective of this bylaw is to prevent nonstormwater discharges to the Town of Freetown's municipal storm drain system through the regulation of nonstormwater discharges to the storm drain system to the maximum extent practicable as required by federal and state law. Nonstormwater discharges are a major concern because they can impair the water quality of fresh water bodies, including streams, rivers and wetlands; contaminate drinking water supplies; alter or destroy aquatic habitant; and increase flooding.
B. 
This bylaw seeks to prevent the introduction of pollutants into the municipal storm drain system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process by:
(1) 
Regulating the contribution of pollutants to the municipal storm drainage system from stormwater discharges by any user;
(2) 
Prohibiting illicit connections and discharges to the municipal storm drainage system;
(3) 
Establishing legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this bylaw.
C. 
Prohibiting discharges into the municipal storm drainage system that may or can create a condition that is harmful to public safety and welfare.
For the purposes of this bylaw, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Building Commissioner and the employees and designees of the Town's Building Department are the authorized enforcement agency designated to enforce this bylaw.
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five acres or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 244-7 of this bylaw.
ILLICIT CONNECTIONS
Any surface or subsurface drain or conveyance which allows an illegal discharge to enter the municipal storm drain system, including, but not limited to, any conveyances which allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains, sinks or toilets, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by EPA [or by the Commonwealth of Massachusetts under authority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NONSTORMWATER DISCHARGE
Any discharge to the municipal storm drain system that is not composed entirely of stormwater.
PERSON
Any 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 storm drain system, waters of the commonwealth and/or waters of the United States. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, by-laws,[1] and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; rock, sand, salt and soils; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
A system used to collect and/or convey stormwater, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures owned or operated by the Town of Freetown.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
WASTEWATER
Any sanitary waste, sludge, septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing comes in direct contact with or results from the production or use of any raw material, intermediate product, by-product or waste product.
WATERCOURSE
A natural or man-made channel through which water flows or a stream of water, including a brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the Commonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and groundwater.
[1]
Editor's Note: So in original; should be "ordnances."
This bylaw shall apply to all water entering the storm drainage system owned or operated by the Town of Freetown unless explicitly exempted by the Building Commissioner.
This bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and MGL c. 83, §§ 1 and 10, as amended by St.2004, c. 149, §§ 135 to 140, and the Federal Clean Water Act, 40 CFR 122.34.
The Building Commissioner as the authorized enforcement agency shall administer, implement, and enforce the provisions of this bylaw. Any powers granted or duties imposed upon the Building Commissioner may be delegated, in writing, by the Building Commissioner to persons or entities acting in the beneficial interest of or in the employ of the Town under the Building Commissioner.
The provisions of this bylaw are hereby declared to be severable. If any provision, clause, sentence, or paragraph 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.
A. 
Prohibition of illegal discharges.
(1) 
No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
(2) 
The commencement, conduct or continuance of any illegal discharge to the storm drainage system is prohibited except as provided as follows, and further provided that the exempt source is not a significant contributor of a pollutant to the storm drainage system; not withstanding the last previous phrase, all firefighting activities are exempt:
(3) 
The following discharges are exempt from discharge prohibitions established by this bylaw: water-line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated), firefighting activities, and any other water source not containing pollutants.
(4) 
Discharges specified, in writing, by the Building Commissioner, as the authorized enforcement agency, as being necessary to protect public health, safety, welfare or the environment.
(5) 
Dye testing is an allowable discharge, but requires a written notification to the Building Commissioner prior to the time of the test.
(6) 
The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this bylaw if the person connects a line conveying sewage to the storm drainage system or allows such a connection to continue.
C. 
Time for compliance. 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.
A. 
Suspension due to illegal discharges in emergency situations. The Building Commissioner, as the authorized enforcement agency, may, without prior notice, suspend municipal storm drainage system discharge access to any person or property when such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent risk of harm to public health, safety or welfare; to the environment; to the municipal storm drainage system or waters of the commonwealth or the United States. If the violator fails to comply with an emergency suspension order, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the municipal storm drainage system or waters of the commonwealth or the United States, and/or to minimize risk of harm to public health, safety or welfare or to the environment.
B. 
Suspension due to the detection of illegal discharge.
(1) 
Any person discharging to the Town's storm drainage system in violation of this bylaw may have their access terminated if such termination would abate or reduce an illegal discharge. The Building Commissioner, as the authorized enforcement agency, shall notify a violator of the proposed termination of its storm drainage system access. The violator may petition the Building Commissioner for reconsideration and a hearing regarding such notice of termination.
(2) 
A person commits an offense if the person reinstates municipal storm drainage system access to premises terminated pursuant to this section without the prior approval of the Building Commissioner.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Building Commissioner prior to the allowing of discharges to the municipal storm drainage system.
A. 
Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
B. 
Access to facilities.
(1) 
The Building Commissioner, as the authorized enforcement agency, shall be permitted to enter and inspect facilities subject to regulation under this bylaw as often as may be necessary to determine compliance with this bylaw. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Building Commissioner or his/her authorized representatives.
(2) 
Facility operators shall allow the Building Commissioner ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) 
The Building Commissioner shall have the right to set up on any permitted facility such devices as are necessary, in the opinion of the Building Commissioner, to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Building Commissioner has the right to require the discharger to install monitoring equipment as determined by the Building Commissioner. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
C. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Building Commissioner and shall not be replaced. The costs of clearing such access shall be borne by the operator.
D. 
Unreasonable delays in allowing the Building Commissioner access to a permitted facility is a violation of a stormwater discharge permit and of this bylaw. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Building Commissioner reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this bylaw.
E. 
If the Building Commissioner has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate probable cause to believe that there may be a violation of this bylaw; or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this bylaw or any order issued hereunder; or to protect the overall public health, safety, and welfare of the community, then the Building Commissioner may seek issuance of a search warrant from any court of competent jurisdiction.
A. 
The Building Commissioner, as the authorized enforcement agency, shall adopt requirements identifying best management practices (BMPs) for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or waters of the commonwealth or the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and nonstructural BMPs.
B. 
Further, any person responsible for premises which is or may be the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal storm drainage system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
Every person owning premises through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
Notwithstanding 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 which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, or waters of the commonwealth and United States, said person shall take all necessary steps to ensure containment and cleanup of such release. In the event of such a release of oil or hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Building Commissioner, as the authorized enforcement agency, in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Building Commissioner within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
The Building Commissioner, as the authorized enforcement agency, shall enforce this bylaw, regulations, order, violation notices, and may pursue all criminal and civil remedies for such violations.
A. 
Civil relief. If a person violates the provisions of the bylaw, regulations, permit, notice or order issued hereunder, the Building Commissioner 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. Civil penalties may be imposed to the maximum permitted by law, including up to $5,000 a day under MGL c. 83, § 10.
B. 
Orders. The Building Commissioner may issue a written order to enforce provisions of this bylaw or regulations thereunder, which may include (a) elimination of illicit connections or illegal discharges to the storm drainage system; (b) performance of monitoring, analyses and reporting; (c) an order to cease and desist illicit connections and/or illegal discharges, practices or operations; and (d) remediation of contamination in connection therewith. If the Building Commissioner 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 work may be done by a governmental agency or contractor, in which event such work and expenses thereof shall be charged to the violator.
C. 
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued hereunder shall be punished by a fine of not more than $300 per day. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. 
Noncriminal disposition.
(1) 
Whoever violates any provision of this bylaw may be penalized by a noncriminal disposition as provided in MGL 40, § 21D, and Chapter 1, Article II, of the Town's General Bylaws. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty. Without intending to limit the foregoing, it is the intention of this subsection that the following bylaws and regulations be included within the scope of this subsection, that the specific penalties, as listed herein, shall apply in such cases and that, in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this subsection, the municipal personnel listed for each subsection, if any, shall also be enforcing persons for such subsection. The Building Commissioner, Town of Freetown Police Department, or any designated agent of the Building Commissioner shall be considered an enforcing person for the purpose of this subsection.
(2) 
A violation of the bylaw and regulatory provisions may be dealt with in a noncriminal manner as provided by Subsection D(1) above. Each day on which any violations exist shall be deemed to be a separate offense.
(3) 
The fine schedule is: first offense, $100; second offense, $200; third and subsequent offenses, $300.
E. 
Appeals. The decision or order of the Building Commissioner, as the authorized enforcement agency, may be appealed to the Planning Board within 20 days of the date of the decision or order. The Planning Board shall consider the request at a meeting after written notice is given to abutters, paid for by the person appealing, at least seven calendar days prior to the said meeting.
F. 
Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under applicable federal, state or local law.