[HISTORY: Adopted by the Annual Town Meeting
of the Town of Groton 4-28-2008 by Art. 25. Amendments noted where applicable.]
A.
Increased volumes of stormwater and contaminated stormwater
runoff are major causes of: (1) impairment of water quality and reduced
flow in lakes, ponds, streams, rivers, wetlands and groundwater; (2)
contamination of drinking water supplies; (3) alteration or destruction
of aquatic and wildlife habitat; and (4) flooding. The United States
Environmental Protection Agency has identified land disturbance and
polluted stormwater runoff as major sources of water pollution. Regulation
of illicit connections and discharges to the municipal storm drain
system is necessary for the protection of the Town of Groton's water
bodies and groundwater resources and to safeguard the public health,
safety, and welfare and the natural resources of the Town.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Groton's
municipal storm drain system;
(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 bylaw through inspection, monitoring,
and enforcement.
For the purposes of this bylaw, the following
shall mean:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
Water beneath the surface of the ground, including confined
or unconfined aquifers.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 154-7. The term does not include a discharge in compliance with an NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 154-7, subsection B, of this bylaw.
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 Groton.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
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 considered
toxic to humans or the environment and may be introduced into any
sewage treatment works or waters of the Commonwealth. Pollutants shall
include, but not be 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, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock; sand; salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
Runoff from precipitation or snow melt.
A utility operation of the Town's stormwater drainage facilities within the Town's Department of Public Works together with a related special user fee assessment, Town-wide, as described in Groton Bylaw § 154-14.
[Added 6-13-2020 by Art.
No. 7]
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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 M.G.L. C. 21C and
C. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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, finished product, byproduct
or waste product.
A natural or man-made channel through which water flows,
or a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, costal waters, and groundwater.
This bylaw shall apply to flows entering the
municipal storm drainage system.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and in accordance with 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.
[Amended 4-26-2010 ATM, Art. 13]
The Director of Public Works and Earth Removal
Stormwater Advisory Committee shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Highway
Department may be delegated in writing by the Director of Public Works
to employees or agents of the Town of Groton.
[Amended 4-26-2010 ATM, Art. 13]
The Director of Public Works and Earth Removal
Stormwater Advisory Committee may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Director
of Public Works and Earth Removal Stormwater Advisory Committee to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this bylaw.
A.
Prohibited activities.
(1)
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.
(2)
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.
(3)
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 Director of Public Works.
[Amended 4-26-2010 ATM, Art. 13]
B.
Exemptions.
(1)
Discharge or flow resulting from fire-fighting activities;
(2)
The following non-stormwater discharges or flows are
exempt from this bylaw, provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system:
(a)
Waterline flushing;
(b)
Flow from potable water sources;
(c)
Springs;
(d)
Natural flow from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(h)
Discharge from landscape irrigation or lawn
watering;
(i)
Water from exterior foundation drains, footing
drains (not including active groundwater dewatering systems), crawl
space pumps, or air conditioning condensation;
(j)
Water from individual residential car washing;
(k)
Discharge from dechlorinated swimming pool water
(less than one ppm chlorine), provided test data is submitted to the
Town substantiating that the water meets the one ppm standard, and
the pool is drained in such a way as not to cause a nuisance or public
safety issue and complies with all applicable Town bylaws;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is
given to the Director of Public Works prior to the time of the test;
[Amended 4-26-2010 ATM, Art. 13]
(n)
Non-stormwater 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 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; and
(o)
Discharge for which advance written approval
is received from the Director of Public Works as necessary to protect
public health, safety, welfare or the environment.
[Amended 4-26-2010 ATM, Art. 13]
(3)
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 Select Board or Board of Health.
[Amended 10-1-2018 ATM
by Art. 14]
[Amended 4-26-2010 ATM, Art. 13]
The owner of a sump pump discharging to the municipal storm drain system shall register the discharge with the Director of Public Works and Earth Removal Stormwater Advisory Committee by January 1, 2009. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 154-6 of this bylaw.
[Amended 4-26-2010 ATM, Art. 13]
The Director of Public Works or Earth Removal
Stormwater Inspector 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 Director of Public Works and
Earth Removal Stormwater Inspector 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 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. Procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 154-6 of this bylaw.
[Amended 4-26-2010 ATM, Art. 13]
A.
Authorized agent. The Director of Public Works, Earth
Removal Stormwater Inspector, or an authorized agent of the Director
of Public Works shall enforce this bylaw, 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 bylaw, regulations, permit, notice, or order issued thereunder,
the Director of Public Works or Earth Removal Stormwater Advisory
Committee 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 Director of Public Works, Earth Removal Stormwater
Inspector, or an authorized agent of the Director of Public Works
may issue a written order to enforce the provisions of this bylaw
or the regulations thereunder, which may include:
(2)
If the enforcing person 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 of Groton may, at its option, undertake such work, and all
costs incurred by the Town shall be charged to the violator, to be
recouped through all available means, including the placement of liens
on the property.
(3)
Within 30 days after completing all measures necessary
to abate the violation or to perform remediation, the violator and
the property owner will be notified of the costs incurred by the Town,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Director of Public Works and Earth Removal Stormwater Advisory
Committee 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 Director of Public Works and Earth Removal Stormwater Advisory
Committee 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 M.G.L. C. 59, § 57 after the 31st day at which the costs
first become due.
D.
Criminal penalty. Any person who violates any provision
of this bylaw, regulation, order or permit issued thereunder shall
be punished by a fine of not more than $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
E.
Non-criminal disposition. As an alternative to criminal
prosecution or civil action, the Town of Groton may elect to utilize
the non-criminal disposition procedure set forth in M.G.L. C. 40,
§ 21D, in which case the Director of Public Works and Earth
Removal Stormwater Inspector, or an authorized agent of the Director
of Public Works, shall be the enforcing person. The penalty for each
violation 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 bylaw. To the extent
permitted by state law, or if authorized by the owner or other party
in control of the property, the Director of Public Works and Earth
Removal Stormwater Advisory Committee, Earth Removal Stormwater Inspector,
its agents, officers, and employees may enter upon privately owned
property for the purpose of performing their duties under this bylaw
and regulations and may make or cause to be made such examinations,
surveys or sampling as the Director of Public Works, Earth Removal
Stormwater Advisory Committee or Earth Removal Stormwater Inspector
deems reasonably necessary.
G.
Appeals. The decisions or orders of the Director of
Public Works and Earth Removal Stormwater Advisory Committee shall
be final. Further relief shall be to a court of competent jurisdiction.
H.
Remedies not exclusive. The remedies listed in this
bylaw are not exclusive of any other remedies available under any
applicable federal, state or local law.
The provisions of this bylaw are hereby declared
to be severable. If any provision, paragraph, sentence, or clause,
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.
[Amended 4-26-2010 ATM, Art. 13]
Residential property owners shall have 180 days
from the effective date of the bylaw to comply with its provisions
or petition the Director of Public Works and Earth Removal Stormwater
Advisory Committee for an extension.
[Added 6-13-2020 by Art. No. 7[1]]
There is hereby established a Stormwater Facilities Utility
as follows.
A.
The Stormwater Facilities Utility shall provide for the operation,
maintenance, and upgrade or expansion of existing storm drain systems
throughout the Town; development of drainage studies, plans, flood
control measures, and water-quality programs; administrative costs;
and construction of capital improvement projects, and purchase of
all equipment necessary for the installation, operation and maintenance
of the system; and the Town's compliance with requirements now
or hereafter contained in permits issued by the Commonwealth of Massachusetts
and The United States of America.
B.
The Stormwater Facilities Utility shall be managed and operated by
the Town Manager in consultation with the Groton Department of Public
Works and shall be within the Town's Department of Public Works.
C.
To generate funding specifically for stormwater management, a stormwater
facility user utility fee is hereby imposed upon all Users of the
Town's stormwater facilities throughout the town and the Select
Board is hereby authorized to establish such user fee sufficient to
meet the costs incurred by the Stormwater Facilities Utility and to
amend such fee from time to time as warranted by the circumstances
of costs and legal requirements.
D.
The revenue received by the Town from the payment of stormwater facilities
user fees shall be deposited in the Stormwater Facilities Utility
Enterprise Fund and the revenue generated shall be used by the Town
Manager, in consultation with the Director of Public Works, to directly
support the operation, maintenance, and upgrade or expansion of existing
storm drain systems; development of drainage studies, plans, flood
control measures, and water-quality programs; administrative costs;
and construction of capital improvement projects, and purchase of
all equipment necessary for the installation, operation and maintenance
of the system; and the town's compliance with requirements contained
in permits issued by the Commonwealth of Massachusetts and The United
States of America.
