[HISTORY: Adopted by the Annual Town Meeting 5-2-2006
by Art. 53. Amendments noted where applicable.]
GENERAL REFERENCES
Cross-connection control — See Ch. 88.
Gas, plumbing and wiring — See Ch. 113.
Sewers — See Ch. 161.
Wells — See Ch. 200.
Groundwater monitoring and soil testing — See Ch. 241.
Sewage disposal — See Ch. 245.
Toxic and hazardous wastes — See Ch. 251.
Water supplies — See Ch. 254.
Wells, private and semipublic — See Ch. 255.
The purpose of this chapter is to provide for the health, safety, and
general welfare of the citizens of Westminster through the regulation of nonstormwater
discharges to the storm drainage system to the maximum extent practicable,
as required by federal and state law. This bylaw establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this chapter
are:
A.
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any user;
B.
To prohibit illicit connections and discharges to the
municipal separate storm sewer system; and
C.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this chapter.
For the purposes of this chapter the following shall mean:
Employees or designees of the director of the municipal agency designated
to enforce this bylaw.
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently these
include construction projects resulting in land disturbance of five acres
or more. Beginning in March 2003, NPDES Storm Water Phase II permits will
be required for construction projects resulting in land disturbance of one
acre or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 123-7 of this bylaw.
An illicit connection is defined as either of the following: Any
drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including but not limited
to any conveyances which allow any nonstormwater discharge including sewage,
process wastewater, and washwater to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency or, any drain or conveyance
connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved
by an authorized enforcement agency.
Activities subject to NPDES Industrial Permits as defined in 40 CFR,
Section 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated pursuant
to 33 USC § 1342(b)] that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis.
Any discharge to the storm drain system that is not composed entirely
of stormwater.
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
Anything which causes or contributes to pollution. Pollutants may
include, but are not 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,
bylaws, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
A document which describes the best management practices and activities
to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This bylaw shall apply to all flows entering the municipally owned storm
drain system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
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 Public Works Commission (PWC) shall administer, implement, and enforce
the provisions of this bylaw. Any powers granted or duties imposed upon the
PWC may be delegated in writing by the PWC to employees or agents of the PWC.
The PWC may adopt rules and regulations to effectuate the purposes of this
bylaw, however, failure to adopt 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 nonstormwater discharge into
the municipal storm drain system (MS4), into a watercourse, or into the waters
of the commonwealth.
B.
Prohibition of 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
PWC.
A.
Discharge or flow resulting from fire-fighting activities.
B.
The following non-stormwater discharges or flow are exempt
from the prohibition of nonstormwaters 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)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in
40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains
(not including active groundwater dewatering systems), crawl space pumps,
or air-conditioning condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less
than one ppm chlorine), provided that 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;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided verbal notification is given to
the PWC prior to the time of the test;
(14)
Non-stormwater discharge permitted under an NPDES permit
or a surface water discharge permit, waiver, or waste discharge order administered
under the authority or 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
(15)
Discharge for which advanced written approval is received
from the PWC as necessary to protect public health, safety, welfare or the
environment.
The PWC 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
authorized enforcement agency may take all reasonable steps to prevent or
minimize harm to 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 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 municipal
Fire and Police Departments. In the event of a release of nonhazardous material,
the reporting person shall provide to the authorized enforcement agency 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 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.
A.
The PWC or authorized agent of the PWC 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 PWC
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. The PWC or an authorized agent of the PWC may
issue a written order to enforce the provisions of this bylaw or the regulations
thereunder, which may include:
D.
If the enforcement agent determines that abatement of
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 is option,
undertake such work, and expenses thereof shall be charged to the violator.
E.
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 cost with the PWC 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 PWC affirming or reducing the costs, or from a final decision
of a court of competent jurisdiction, the costs 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.
F.
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 $100. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
G.
Entry to perform duties under this chapter. To the extent
permitted by state law, or if authorized by the owner or other party in control
of the property, the PWC or its agents, performing their duties under this
bylaw and regulations and may make or cause to be made such examinations,
surveys or sampling as the PWC deems reasonably necessary.
H.
Appeals. The decision or orders of the PWC shall be final.
Further relief shall be to a court of competent jurisdiction.
I.
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, clause, sentence, or paragraph 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.
