For the purposes of this bylaw, the following shall mean:
AUTHORIZED ENFORCEMENT AGENCY
The Town of Dover's Board of Selectmen shall administer
and implement this bylaw. The Town's Highway Department shall
enforce this bylaw. Any powers granted to or duties imposed must be
delegated in writing by the Board of Selectmen to the appropriate
agents of the Town, i.e. the employees of and agents of the Highway
Department, the Board of Health, the Conservation Commission, Building
Inspector, and Town Engineer.
BEST MANAGEMENT PRACTICES (BMPS)
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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
HAZARDOUS MATERIAL
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in §
159-5 of this bylaw.
ILLICIT CONNECTIONS
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 non-stormwater
discharge including sewage, process wastewater, and wastewater 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.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR Section 122.26(b)(14).
PERSON
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.
POLLUTANT
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, ordnance, 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.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAIN SYSTEM
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.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This bylaw shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Board of Selectmen shall administer and implement the provisions
of this bylaw. The Highway Department shall enforce this bylaw. Any
powers granted or duties imposed upon the authorized enforcement agency
may be delegated in writing by the Chairman of the Board of Selectmen
to persons or entities acting in the beneficial interest of the Town
of Dover.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
MS4 system, or water of the U.S., said person shall take all the necessary
steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of hazardous materials said person
shall immediately notify emergency response agencies and the Town
of Dover Highway Department. In the event of nonhazardous materials,
said person shall notify the Town of Dover Highway Department in person
or by phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed
and mailed to the Town of Dover Highway Department within three business
days of the phone notice. If the discharge of prohibited material
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
Inspectors authorized by the Board of Selectmen shall be permitted
to enter and inspect facilities subject to regulation under this bylaw
as often as may be necessary to determine compliance with this bylaw.
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 authorized inspectors.
The Board of Selectmen, through the Highway Department, 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
of Selectmen 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 Selectmen or another authorized agent 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.
(2) If the enforcing body 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
enforcing body may, at its option, undertake such work, and expenses
thereof shall be charged to the violator.
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 $250. 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 Board of Selectmen may elect to utilize the noncriminal
disposition procedure set forth in M.G.L. Ch. 40, § 21D,
in which case the Highway Department shall be the enforcing Town department.
The penalty for the 1st violation shall be $100. The penalty for the
2nd violation shall be $250. The penalty for the 3rd and subsequent
violation shall be $300. Each day or part thereof that such violations
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 Highway Department, its agents, officers, and
employees may enter upon privately owned property for the purpose
of performing their duties under the bylaw and regulations and may
make or cause to be made such examinations, surveys or sampling as
the Department deems reasonably necessary.
F. Appeals. The decisions or orders of the Board of Selectmen 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.