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.
For the purposes of this bylaw, the following
shall mean:
The Town of Wakefield Advisory Board of Public Works, 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 Town of Wakefield Advisory Board of Public Works.
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 § 170-8. 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 § 170-8, Subsection B(4), of this bylaw.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
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 Wakefield.
A permit issued by the 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 or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include without limitation:
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, 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 process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Stormwater runoff, snowmelt 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 MGL
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
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 of any raw
material, intermediate product, finished product, by-product 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, coastal waters, and groundwater.
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.
B.
Regulation of illicit connections and discharges to
the municipal storm drain system is necessary for the protection of
the Wakefield water bodies and groundwater, and to safeguard the public
health, safety, welfare and the environment.
C.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Wakefield
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.
The Board 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.
This bylaw shall apply to flows entering the
municipally owned storm drainage system.
The Board may 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,
or cause or allow to be discharged any pollutant or non-stormwater
discharge into the municipal separate storm sewer system (MS4), 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 approval
from the Board.
A.
Discharge or flow resulting from fire-fighting activities
shall be exempt from the terms of this bylaw.
B.
The following non-stormwater discharges or flows 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 that does not
include herbicides and pesticides;
[Amended 11-5-2018 RTM by Art. 24]
(10)
Discharge from individual residential car washing that does
not contain surfactants;
[Amended 11-5-2018 RTM by Art. 24]
(11)
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;
(12)
Discharge from street sweeping (not including
the flushing of machines into or near stormwater basins);
(13)
Non-toxic dye testing, provided verbal notification
is given to the Board 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 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
(15)
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 authorized
enforcement agency 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. In the event of a release
of oil or hazardous materials, the person shall immediately notify
the Wakefield Fire and Police Departments, the Department of Public
Works and the Board of Health. In the event of a release of nonhazardous
material, the reporting person shall notify the authorized enforcement
agency no later than the next business day. 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 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.
Civil relief. If a person violates the provisions
of this bylaw, regulations, permit, notice, or order issued thereunder,
the Board 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. 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 thirty (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 thirty (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 thirty (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 thirty-first day at which the costs first become due.
C.
Criminal penalty. Any person who violates any provision
of this bylaw, regulation, order or permit issued thereunder, shall
be punished by a fine. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and in § 1-7 of the Code of the Town of Wakefield, in which case the Town Engineer of the Town of Wakefield or other authorized agent of the Town shall be the enforcing person. The penalty for the 1st violation shall be $100. The penalty for the 2nd violation shall be $200. The penalty for the 3rd and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
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.
F.
Appeals. The decisions or orders of the Board shall
be final. Further relief shall be to a court of competent jurisdiction.
G.
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 ninety
(90) 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.
