Part 2 of this chapter shall apply to all discharges of water entering the municipally owned storm drainage system or going, directly or indirectly, into a watercourse, or into the waters of the commonwealth, that is generated on any developed or undeveloped lands except as explicitly exempted in this chapter or where the Stormwater Authority has issued a waiver in accordance with Part 1, § 194-5.
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 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 consent from the Stormwater Authority.
D.
Exemptions.
(1)
Discharge of flow resulting from firefighting activities.
(2)
The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, into a watercourse, or into the waters of the commonwealth:
(a)
Water line flushing;
(b)
Flow from other potable water sources, with the exception of landscape irrigation and lawn watering;
(c)
Diverted stream flows;
(d)
Rising groundwater;
(e)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005, Subdivision (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 Stormwater Authority prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Stormwater Authority;
(f)
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
(g)
Springs, natural flow from riparian habitat and wetlands;
(h)
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;
(i)
Discharge from street sweeping;
(j)
Dye testing provided verbal notification to the Board of Public Works Stormwater Authority prior to the time of the test;
(k)
Discharges for which advanced written approval has been received from the Stormwater Authority as being necessary to protect public health, safety, welfare, or the environment; and
(l)
Nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the Federal Environmental Protection Agency, provided that the discharge is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.
Pet waste: Dog feces is a major component of stormwater pollution; it shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland, or water body or on any paved or impervious surface. Persons walking dogs must carry with them a device designed to dispose of dog feces including, but not limited to, a plastic bag or "pooper scooper." For specific requirements and penalties for violations see General Bylaw Chapter 87, Animals, and Chapter 405, Animals.
The Stormwater Authority may suspend storm drain 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 present imminent risk of hard to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order the Stormwater Authority 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 any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects release of materials at that facility or operation resulting in or may result in discharges or pollutants to the municipal drainage system or water of the commonwealth, said person shall take all necessary steps to ensure the containment and cleanup of release. In the event of such a release of oil or hazardous materials, said person shall immediately notify the Municipal Fire and Police Departments. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the Stormwater Authority written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the facility owner or operator of the facility 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 Stormwater Authority or its authorized agent shall enforce this chapter and any regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. The Town may enforce this chapter or enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.
A.
Civil relief. If a person violates the provisions of this chapter, or any associated regulations, permit, notice, or order issued thereunder, the Stormwater Authority 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 Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this chapter or any regulations thereunder, which may include:
(a)
That unlawful discharges, practices or operations shall cease and desist.
(b)
That measures shall be taken to minimize the discharge of pollutants until such time as the illicit connection shall be eliminated.
(c)
Performance of monitoring, analyses, and reporting.
(d)
The elimination of illicit connections or discharges to the MS4.
(e)
The remediation of contamination in connection therewith.
(2)
Said orders shall specify a deadline by which the required action shall be completed and the Stormwater Authority or its designee may further advise that, should the violator or property owner fail to perform the required action or remediation within the specified deadline, the Town may, at its option, undertake such work, at the owner and/or violator's sole costs and expense, that it deems necessary to protect public health, safety and welfare.
(3)
Within 60 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the Town of Fairhaven, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority 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 Stormwater Authority 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.
Criminal penalty. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
D.
Noncriminal disposition. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder may be penalized by non-criminal disposition as set forth in MGL c. 40, § 21D. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
E.
Appeals. All decisions or orders of the Stormwater Authority shall be final. Further relief shall be to a court of competent jurisdiction.
F.
Entry to perform duties under this chapter. To the extent permitted by law, or if authorized by the owner or other party in control of the property, the Storm-water Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary.
A.
Residential property owners with illicit discharges, connections and/or obstructions to the MS4 shall have a period of 60 days from the effective date of this chapter to remove such discharges, connections and/or obstructions, unless immediate removal is required for the protection of public health, safety, welfare or the environment.