[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 5-1-2017 ATM by Art. 48. Amendments noted where applicable.]
Non-stormwater discharges into the municipal storm drain system can harm water quality and create public health hazards. The purpose of Chapter 171 is to provide for the health, safety, and welfare of the citizens of the Town of Hopkinton through the regulation of non-stormwater discharges into the municipal storm drain system.
The provisions of Chapter 171 shall be administered so as to:
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Prevent pollutants from entering the municipal storm drain system;
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Prohibit illicit connections and illicit discharges into the municipal storm drain system;
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Comply with the requirements of the Town’s National Pollutant Discharge Elimination System (NPDES) permit for discharges from the municipal storm drain system; and
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Ensure compliance through inspection, monitoring, and enforcement.
Unless the context clearly indicates otherwise, the following words and terms, as used in Chapter 171, shall have the following meanings:
DPW
The Hopkinton Department of Public Works.
HAZARDOUS MATERIAL
Any solid or liquid substance or combination of substances, including any liquid petroleum product, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water. Any substance deemed to be a "hazardous waste" pursuant to M.G.L. Chapter 21C, or deemed to be a toxic or hazardous substance pursuant to M.G.L. Chapter 94B, shall be deemed to be a hazardous material.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the municipal storm drain system, regardless of whether the drain or connection was previously allowed, permitted or approved before the effective date of Chapter 171. An illicit connection shall include:
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Any conveyance that allows sewage, process wastewater, wash water or other non-stormwater discharge into the municipal storm drain system; and
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Any connection to the municipal storm drain system from indoor drains and sinks.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge, including dumping, into the municipal storm drain system, except that the following non-stormwater discharges shall not be considered illicit discharges:
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Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated groundwater infiltration (as defined by 40 CFR 35.2005(20)); uncontaminated pumped groundwater; discharges from potable water sources; foundation drains; air conditioning condensation; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual resident car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; residential building wash waters without detergents; and discharges or flow from firefighting; unless the DPW or the Planning Board determines that the discharge is a significant contributor of pollutants to the municipal storm drain system;
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Discharges associated with dye testing; provided, however, that the discharger shall notify the DPW before any such test; and
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Discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger under the authority of the U.S. 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 that written approval has been granted by the DPW for any discharge to the municipal storm drain system.
MUNICIPAL STORM DRAIN SYSTEM (or STORM DRAIN SYSTEM)
The system of conveyances owned by the Town (including roads, catch basins, curbs, gutters, ditches, man-made channels, pipes, and outfalls) by which stormwater is collected or conveyed.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and any other material that may cause or contribute to exceedance of water quality standards in the waters to which the storm drain system discharges.
STORMWATER
Any surface flow, runoff or drainage resulting entirely from any form of natural precipitation.
The DPW and Planning Board shall administer, implement, and enforce the provisions of Chapter 171. Any powers granted to the DPW or the Planning Board by this Chapter, except the power to hear appeals, may be delegated in writing by (respectively) the DPW Director or the Planning Board to other employees or agents of the Town.
A. 
Prohibition of illicit discharges. No person shall commence, allow, conduct or continue any illicit discharge.
B. 
Prohibition of illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
C. 
Prohibition of 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.
Any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, who has information of any known or suspected release of materials at that facility or operation that are resulting or may result in illicit discharges shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of a release of hazardous material, that person shall immediately notify the Hopkinton Fire Department and shall notify the DPW within two hours. In the event of a release not involving hazardous material, that person shall notify the DPW no later than the next business day. For all releases, the initial notification shall be confirmed by written notice addressed and mailed, or hand-delivered, to the DPW within two business days.
A. 
Enforcement orders. If any person violates or fails to comply with any of the requirements of Chapter 171, the DPW may order compliance by written notice to the responsible person via certified mail or hand delivery. The order shall include the name and address of the alleged violator, the address at which the violation is occurring or has occurred, a statement specifying the nature of the violation, a description of the actions needed to resolve the violation and come into compliance, the deadline within which such actions must be completed, and a statement that, if the violator fails to come into compliance by the specified deadline, the Town may do the work necessary to resolve the violation at the expense of the violator. In addition, said order may require:
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Elimination of illicit connections or illicit discharges;
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Performance of monitoring, analyses and reporting;
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Remediation of contamination caused by the illicit connection or illicit discharge; and
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The implementation of source control or treatment measures.
B. 
Appeals. Any person aggrieved by an enforcement order issued pursuant to Section 171-6A may request a hearing before the Planning Board by submitting to the DPW and Planning Board, within 30 days of such order, a letter explaining why the order was not justified. The Planning Board shall thereupon schedule and hold a hearing regarding such request and, upon the close of such hearing, may uphold, modify or rescind the order as the facts and applicable law may require. The Planning Board’s decision shall be deemed its final action with respect to the matters determined, and any further appeal shall be to a court of competent jurisdiction.
C. 
Action by the town to remedy a violation. If a violator fails to come into compliance by the deadline specified in an enforcement order, the DPW may do the work necessary to resolve the violation at the joint and several expense of the violator and property owner. For situations involving an immediate threat, the DPW may remove an illicit connection immediately and take such other action as is necessary to protect public health, safety or the environment. Written notice of any remediation action undertaken by the DPW shall be provided to the property owner by hand within 48 hours of the commencement thereof or by certified mail postmarked no later than the next business day.
D. 
Recovery of costs. If the DPW undertakes remediation work pursuant to Section 171-6C, it shall, within 30 days after completing the work, notify the violator and the property owner in writing of the costs incurred by the Town, including administrative costs, associated with that work. The violator and the property owner shall be jointly and severally liable to repay the Town for those costs within 30 days of receipt of that notice; provided, however, that the violator or the property owner may file a written protest objecting to the amount or basis of costs with the DPW and Planning Board within such 30 days. The Planning Board shall schedule and hold a hearing regarding such protest and, upon the close of such hearing, may uphold, modify or rescind the costs required to be repaid, as the facts and applicable law may require.
If the amount due is not received by the Town by the expiration of the time in which to file such a protest, or within 60 days after the final decision of the Planning Board or (if appealed to court) a court of competent jurisdiction resolving that protest, the amount of the Town’s costs shall constitute a lien on the property pursuant to M.G.L. Chapter 40, Section 58. Interest shall accrue on any unpaid costs at the statutory rate, as provided in M.G.L. Chapter 59, Section 57.
E. 
Civil relief. If a person violates any provision of Chapter 171 or an order issued thereunder, the Town may seek injunctive relief in a court of competent jurisdiction restraining the person from activities that would create further violations or compelling the person to abate or remedy the violation.
F. 
Criminal penalty. Any person who violates any provision of Chapter 171 or any order issued thereunder may be punished by a fine of not more than $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. A criminal complaint may be filed by the DPW or Planning Board, with the authorization of the Select Board.
G. 
Non-criminal disposition (ticketing). As an alternative to criminal prosecution, the DPW or Planning Board may elect to utilize the non-criminal disposition procedure set forth in Chapter 1, Section 1-4 of these Bylaws. The penalty for the first violation shall be $100.00. The penalty for each subsequent violation shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
H. 
Entry to perform duties under this bylaw. To the extent permitted by law, or if authorized by the owner or other party in control of the property, the Town and its agents, officers and employees may enter privately owned property for the purpose of performing their duties under Chapter 171 and may make or cause to be made such examinations, surveys, sampling, or remedial activities as the Town deems reasonably necessary.
I. 
Remedies not exclusive. The remedies listed in Chapter 171 are not exclusive of any other remedies available under any applicable federal, state or local law.