[HISTORY: Adopted by the Town Meeting of the Town of Rockport 9-11-2023 STM (Ch. 8C of the 1997 Code of By-laws). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTER
The owner(s) of land next to or sharing a common boundary with the land on which the activity is proposed to take place.
CLEAN WATER ACT
The Clean Water Act (33 U.S.C. § 1251 et seq.), as hereafter amended.
GROUNDWATER
Water beneath the surface of the ground.
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 21E, and the regulations at 310 CMR 30.00 and 310 CMR 40.00.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows an illicit discharge into the MS4 system of nonstormwater, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets.
MUNICIPAL SEPARATE STORM DRAIN SYSTEM or MS4
The municipal storm drain system. That is, 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 Rockport.
NONSTORMWATER DISCHARGE
Discharge to the municipal storm drain system not composed entirely of stormwater.
NPDES PERMIT
A National Pollutant Discharge Elimination System permit issued by the United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.
OWNER
A person with a legal or equitable interest in the property at issue.
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.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch channel, tunnel, conduit, well, discrete fissure, ground boring that produces the discharge of water, or container from which stormwater and/or pollutants are or may be discharged.
POLLUTANT
Any element or property of sewerage; 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;
H. 
Animal wastes;
I. 
Rock, sand, salt and soils, with the exception of winter salting and sanding in quantities that are necessary for public safety and are applied in accordance with best practices as outlined in the Stormwater Handbook;
J. 
Construction wastes and residues; and
K. 
Noxious or offensive material 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
Rainfall 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.
UNCONTAMINATED PUMPED GROUNDWATER
Pumped groundwater which has not come into contact with any pollutants as defined and which originates outside of a structure (residence, commercial building, etc.) or is specifically permitted by the Department of Public Works.
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, or finished product.
[Amended 9-8-2025 FTM by Art. G]
WATERCOURSE
A natural, 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 of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
This by-law is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act,[1] and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental Protection Agency found in the December 8, 1999 Federal Register.
[1]
Editor's Note: See MGL c. 43B.
The DPW Commissioners shall administer, implement and enforce this by-law, Chapter 290. Any powers granted to or duties imposed upon the DPW Commissioners may be delegated, in writing, by the DPW Commissioners to their employees and authorized agents.
The DPW Commissioners may promulgate rules and regulations to effect purposes of this by-law. Failure by the DPW Commissioners to promulgate such rules and regulations shall not have the effect of suspending or invalidating this by-law, Chapter 290.
A. 
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged, whether directly or indirectly, any pollutant or discharge not composed entirely of stormwater into the MS4, into a watercourse, or into the 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 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 written approval from the DPW Board of Commissioners.
The following nonstormwater discharges or flows are exempt from the prohibition set forth in § 290-6A, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
A. 
Discharge or flow resulting from firefighting activities except where they are identified as significant contributors of pollutants to surface waters or groundwater;
B. 
Water-line flushing;
C. 
Flow from potable water sources;
D. 
Natural flow from springs, watercourses; 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;
H. 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
I. 
Incidental discharge from landscape irrigation or lawn watering;
J. 
Water from individual residential car washing;
K. 
Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided the water is allowed to stand for one week prior to draining, the pool is drained in such a way as not to cause a nuisance and notification is provided to the Department of Public Works;
L. 
Discharge from street sweeping;
M. 
Dye testing, provided verbal notification is given to the DPW Board of Commissioners as far in advance as possible prior to the time of the test;
N. 
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 pursuant to 314 CMR 3.00 or the Massachusetts 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;
O. 
Discharge for which advanced written approval is received from the DPW Commissioners as necessary to protect public health, safety, welfare or the environment; and
P. 
Discharge or flow that results from urgent conditions and occurs during a state of emergency declared by any agency of the federal or state government, or by the Town Administrator, the Select Board or the Board of Health.
The DPW Commissioners 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 Commissioners may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
A. 
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 storm drain 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, the DPW Commissioners and the Select Board.
B. 
In the event of a release of nonhazardous material, the reporting person shall notify the Select Board, the DPW Commissioners and the Fire Department no later than the next business day. The reporting person shall provide to the Select Board, the DPW Board of Commissioners and the Fire Chief 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.
A. 
The DPW Commissioners, their employees and authorized agents (the "enforcing person") shall enforce this by-law, the stormwater rules and regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Civil relief. If a person violates the provisions of this by-law; the stormwater rules and regulations; or a permit, notice, or order issued thereunder, the DPW Commissioners 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.
C. 
Orders.
(1) 
The DPW Commissioners, their employees and authorized agents may issue a written order to enforce the provisions of this by-law or the regulations thereunder, which may include:
(a) 
Elimination of illicit connections or discharges to the MS4;
(b) 
Performance of monitoring, analyses, and reporting;
(c) 
Require that unlawful discharges, practices, or operations shall cease and desist; and
(d) 
Remediation of contamination in connection therewith.
(2) 
If the DPW Commissioners or their agent 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 of completing all measures necessary to abate the violation or to perform remediation, the violator and the owner will be notified of the costs incurred by the Town, including administrative costs. The violator or owner may file a written protest objecting to the amount or basis of costs with the Select Board 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 Select Board, 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.
(4) 
The DPW Commissioners may seek injunctive relief in a court of competent jurisdiction, restraining a person from activities that would create further violations of this by-law or an order issued under it or compelling that person to perform abatement or remediation of the violation.
D. 
Criminal penalty. Any person who violates any provision of this by-law, regulation, order or permit issued thereunder shall be punished by a fine of not more than $300 penalty. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Rockport may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and the Town of Rockport General By-laws, Chapter 1, Article III, § 1-10B. The DPW Board of Commissioners, or its authorized employees or agents, shall have authority to issues notices of violations. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
F. 
Entry to perform duties under this by-law. To the extent permitted by state law or, if authorized by the owner or other party in control of the property, the DPW Commissioners, their employees and authorized agents may enter upon privately owned property for the purpose of performing their duties under this by-law and related regulations and may make or cause to be made such examinations, surveys or sampling as the DPW Commissioners, their employees and their authorized agents deem reasonably necessary.
G. 
Appeals. The decisions or orders of the DPW Commissioners shall be final. Further relief shall be to a court of competent jurisdiction.
H. 
Remedies not exclusive. The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state or local law.