[HISTORY: Adopted by the Town Meeting of
the Town of Dalton 11-19-2007 STM by Art. 9, approved 1-3-2008. Amendments noted where applicable.]
A.
The purpose of this bylaw is to protect Dalton's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment through the regulation of nonstormwater
discharges to the storm drainage system to the maximum extent practicable
as required by federal and state law. 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.
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) general permit. The
objectives of this bylaw are:
(1)
Prevent pollutants from entering Dalton's municipal
separate storm sewer system (MS4);
(2)
Prohibit illicit connections and unauthorized discharges
to the MS4;
(3)
Require the removal of all such illicit connections;
(4)
Establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with state and federal statutes and regulations relating to stormwater
discharges; and
(5)
Establish the legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring,
and enforcement.
The following definitions shall apply in the
interpretation and implementation of this bylaw:
The Board of Health and its employees or agents are designated
to enforce this bylaw. For the purposes of this bylaw, agents of this
board include the Town Health Agent, the Superintendent of Public
Works, or the Town Building Inspector.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff. It also includes 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.
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 § 131-8. 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 § 131-8 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.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
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 Dalton.
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 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, ordnance, 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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved.
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, snow melt runoff, and surface water runoff
and drainage.
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.
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.
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, 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, costal waters, and groundwater.
This bylaw shall apply to all water entering
the municipally owned storm drainage system 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 Board of Health shall administer, implement
and enforce this bylaw. Any powers granted to or duties imposed upon
the Board of Health may be delegated in writing by the Board of Health
to employees or agents of the Board of Health.
The Board of Health is authorized to promulgate
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Board of Health to promulgate such rules and regulations shall
not have the effect of suspending or invalidating this bylaw.
A.
Prohibition of illicit discharges. No person shall
dump, discharge, cause or allow to be discharged any pollutant or
nonstormwater discharge into the 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 of Health.
A.
Discharge or flow from fire-fighting activities.
B.
The following nonstormwater discharges or flows are
exempt from the prohibition of nonstormwater, 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 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;
(13)
Dye testing, provided that verbal notification
is given to the Board of Health prior to the time of the test;
(14)
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
(15)
Discharge for which advanced written approval
is received from the Board of Health as necessary to protect public
health, safety, welfare or the environment.
A.
Suspension due to illicit discharges in emergency
situations. The Board of Health, its employees or agents designated
to enforce this bylaw may, without prior notice, suspend municipal
storm drain system access when such suspension is necessary to stop
an actual or threatened discharge of pollutants that presents or may
present 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 may take all reasonable
steps to prevent or minimize harm to the public health, safety, welfare
or the environment.
B.
Suspension due to the detection of illicit discharge. The Board of Health, its employees or agents designated to enforce this bylaw may terminate all access to the municipal storm drain system that is not in compliance with this bylaw. The Board of Health will notify a violator of the proposed termination. The violator may petition the Board of Health for a reconsideration and hearing as provided in § 131-12E. In the event any person fails to comply with a termination order, the Board of Health may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
Any person subject to an industrial or construction
activity NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Board of Health, its employees or agents
designated to enforce this bylaw prior to the allowing of discharges
to the municipal storm drain system.
A.
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.
B.
In the event of a release of oil or hazardous materials,
the person shall immediately notify the municipal Fire and Police
Departments and Board of Health. In the event of a release of nonhazardous
material, the reporting person shall notify the Board of Health 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 of Health, its employees or agents
shall enforce this bylaw, regulations, orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations as noted below:
A.
Civil relief. If a person violates the provisions
of this bylaw, regulations, permit, notice, or order issued thereunder,
the Board of Health 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 Board of Health, its employees or agents designated
to enforce this bylaw 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.
C.
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.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Dalton may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, which has been adopted by the Town in Chapter 1, Article II, Noncriminal Disposition, of the Code of the Town of Dalton, in which case the Town Health Agent, Town Environmental Engineer, Town Engineer, the Superintendent of Public Works, or the Town Building Inspector of the Town of Dalton shall be the enforcing persons. The penalty for the first violation shall be $100. The penalty for the second violation shall be $200. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Appeals. The enforcement decisions or orders of the
Board of Health, its employees or agents shall be final. Persons aggrieved
by an enforcement action by the Board of Health, its employees or
agents designated to enforce this bylaw may request a public hearing
with the Board of Health within 14 days of receipt of written enforcement
action to review the circumstances and decisions related to the enforcement
action. The Board of Health will hold a public hearing within 30 days
of receipt of a request for a public hearing. 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 bylaw.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.
Access to facilities. Access to facilities shall be
governed by the following:
(1)
To the extent permitted by state law, or if authorized
by the owner or other party in control of the property, the Board
of Health, 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 of Health deems reasonably necessary.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Board of Health.
(2)
The Board of Health, its employees or agents designated
to enforce this bylaw shall have the right to set up such devices
as are necessary in the opinion of the Board of Health to conduct
monitoring and/or sampling of the facility's stormwater discharge.
(3)
The Board of Health, its employees or agents designated
to enforce this bylaw have the right to require the discharger to
install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Board of Health, its agents, officers, and employees designated
to enforce this bylaw and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
(5)
If the Board of Health, its agents, officers, and
employees designated to enforce this bylaw have been refused access
to any part of the premises from which stormwater is discharged, and
he/she is able to demonstrate probable cause to believe that there
may be a violation of this bylaw, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this bylaw or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the Board of Health may seek issuance of a
search warrant from any court of competent jurisdiction.
A.
The Board of Health, its employees or agents designated
to enforce this bylaw may adopt requirements identifying best management
practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the United States. The owner or operator
of a commercial or industrial establishment shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and nonstructural
BMPs.
B.
Further, any person responsible for a property or
premises which is, or may be, the source of an illicit discharge,
may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to the municipal separate storm sewer system. Compliance
with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution
prevention plan (SWPP) as necessary for compliance with requirements
of the NPDES permit.
C.
Compliance with the requirements of the Board of Health
pursuant to this section shall not relieve a person of that person's
responsibility under this bylaw to prevent, abate, or remediate such
discharges or releases of pollutants into the municipal storm drain
system or watercourses that occur, notwithstanding the implementation
of BMPs.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this bylaw, the Board of Health, at its
discretion, may agree to allow the violator to undertake alternative
compensatory actions such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
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 60 days
from the effective date of the bylaw to comply with its provisions,
provided that good cause is shown for the failure to comply with the
bylaw during that period.
