[HISTORY: Adopted by the Town Meeting of
the Town of Southborough 4-10-2006 ATM by Art. 45. Amendments noted where applicable.]
A.
Increased and contaminated stormwater runoff is a
major cause of impairment of water quality and flow in lakes, ponds,
streams, rivers, wetlands and groundwater; contamination of drinking
water supplies; alteration or destruction of aquatic and wildlife
habitat; and flooding. Regulation of illicit connections and discharges
to the Town of Southborough municipal storm drain system is necessary
for the protection of the Town's water bodies and groundwater, and
to safeguard the public health, safety, welfare and the environment.
B.
The objectives of this bylaw are:
(1)
To prevent illicit discharge of pollutants from entering
Southborough's municipal separate storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges
to the MS4;
(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 Board of Health (hereafter the Board), its employees
or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
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.
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 § 225-7. 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 § 225-8 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 Southborough.
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.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Southborough, and any other legal entity, its legal representatives,
agents, or assigns.
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 or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, but not be limited to, the following:
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.
The replenishment of underground water reserves.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
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.
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 c.
21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
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.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This bylaw shall apply to flows entering the
municipally owned storm drainage system.
This bylaw is adopted under the authority granted
by the Home Rule Amendment of the Massachusetts Constitution and the
Home Rule Procedures Act, and pursuant to the regulations of the Federal
Clean Water Act found at 40 CFR 122.34.
The Board of Health shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Board may be delegated in writing by the Board to employees or
agents of the Board or the Town of Southborough.
The Board shall promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board to
promulgate such rules and regulations shall not have the effect of
suspending or invalidating this bylaw.
A.
Illicit discharges. No person shall dump, discharge,
cause or allow to be discharged any pollutant or non-stormwater discharge
into the municipal separate storm sewer system (MS4), into a watercourse,
into a wetland resource area, 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 Board.
Discharge or flow resulting from fire fighting
activities are exempt. The following non-stormwater discharges or
flows are also exempt from the prohibition of non-stormwaters, provided
that the source will not damage or threaten public health and the
environment:
A.
Waterline flushing and flow from potable water sources;
B.
Springs, natural flow from riparian habitats and wetlands,
diverted stream flow and rising groundwater;
C.
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
D.
Water from exterior foundation drains, footing drains
(not including active groundwater dewatering systems), crawl space
pumps, sump pumps or air conditioning condensation;
E.
Discharge from landscape irrigation or lawn watering;
F.
Water from noncommercial car washing;
G.
Discharge from dechlorinated swimming pool or hot
tub water (less than one ppm chlorine), provided the pool or hot tub
is drained in such a way as not to cause a nuisance;
H.
Discharge from street sweeping, discharge of sand
and deicers used for public safety purposes;
I.
Emergency repairs to the municipal storm drain system,
and any stormwater management structure or practice that poses a threat
to public health or safety, or as deemed necessary by the Board;
J.
Dye testing, provided verbal notification is given
to the Board prior to the time of the test;
K.
Nonstormwater 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
L.
Discharge for which advanced written approval is received
from the Board as necessary to protect public health, safety, welfare
or the environment.
The Board 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 Board
of Health and Health Agent 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 into the municipal drainage system, a wetland
resource area or the 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 Southborough Fire and Police
Departments and the Board of Health and Health Agent. In the event
of a release of nonhazardous material, the reporting person shall
notify the Board of Health and Health Agent no later than the next
business day. The reporting person shall provide to the Board of Health
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.
The Board or an authorized agent of the Board
shall enforce this bylaw, regulations, orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
A.
Orders. The Board or an authorized agent of the Board
may issue a written order to enforce the provisions of this bylaw
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) that unlawful discharges,
practices, or operations shall cease and desist; and (d) remediation
of contamination in connection therewith.
(1)
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 may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(2)
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 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 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.
B.
Penalties. Any person who violates any provision of
this bylaw, regulation, or permit issued hereunder, shall be subject
to fines, civil action, criminal prosecution, and tax liens, as appropriate
and as lawfully established by the Town of Southborough.
C.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the town may utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the Health Agent or other authorized agent of the town
shall be the enforcing person.
D.
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 Board, 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 Board deems
reasonably necessary.
E.
Appeals. Further relief shall be to a court of competent
jurisdiction.
F.
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.
Residential property owners shall have 120 days
from the effective date of the bylaw to comply with its provisions,
provided good cause is shown for the failure to comply with the bylaw
during that period.
