A. 
The purpose of this article is to prohibit and eliminate illicit connections; discharge of pollutants; safeguard the public health, safety, environment, and general welfare; protect aquatic resources and wildlife habitat; protect the quality and health of water resources; conserve groundwater supplies; and foster climate change resiliency.
B. 
This article seeks to meet that purpose through the following objectives:
(1) 
To prevent pollutants from entering the Town of Barnstable's municipal storm drain system and waters of the commonwealth;
(2) 
To prohibit illicit connections and unauthorized discharges to the municipal storm drain system;
(3) 
To require the removal of all such illicit connections;
(4) 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
(5) 
To establish the legal authority to ensure compliance with the provisions of this article through inspection, monitoring, and enforcement.
The following are prohibited unless exempted by this article:
A. 
Illicit discharges. No person shall dump, discharge, cause, or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, 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 Department of Public Works.
The following activities are exempt from the requirements of this article:
A. 
Discharge or flow pursuant to a valid stormwater management permit issued by the Department.
B. 
Discharge or flow resulting from firefighting activities.
C. 
The following non-stormwater discharges or flows are exempt from this article, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
(1) 
Waterline flushing;
(2) 
Flow from potable water sources;
(3) 
Natural springs;
(4) 
Natural flow from riparian habitats and wetland resource areas;
(5) 
Lawfully diverted stream flow;
(6) 
Rising groundwater;
(7) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(b)(20) or uncontaminated pumped groundwater, unless otherwise regulated or prohibited by the Department pursuant to regulations hereunder;
(8) 
Landscape irrigation or lawn watering;
(9) 
Water from individual residential car washing;
(10) 
Discharge from street sweeping;
(11) 
Dye testing provided notification is given to the Department prior to the time of the test;
(12) 
Non-stormwater discharge permitted under a 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;
(13) 
Discharge for which advance written approval is received from the Board of Health or Conservation Commission as necessary to protect public health, safety, welfare or the environment; and
(14) 
Discharge or flow that results from exigent conditions and occurs during a state of emergency declared by any agency of the federal or state government, or by the Barnstable Town Manager, Town Council or Board of Health.
The Department may issue an enforcement order, or a verbal directive in an emergency to be followed by a written order, to suspend municipal storm drain system access to any person or property when such suspension is necessary to address or stop an actual or threatened discharge of pollutants that presents risk of harm to the public health, safety, welfare, or the environment. If any person fails to comply with the verbal directive or enforcement order, the Department may take all reasonable steps, at the expense of the owner, permittee or other person responsible for the discharge of pollutants, to prevent or minimize harm to the public health, safety, welfare or the environment, including without limitation entering private property to disconnect the property from the municipal storm drain system or abate a discharge of pollutants to waters of the commonwealth.
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 Department, local Fire District, and Barnstable Police Department.