[HISTORY: Adopted ATM 5-2-2016, Art. 21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Groundwater protection districts — See Ch. 116.
Wetlands protection — See Ch. 181.
Zoning — See Ch. 185.
[1]
Editor's Note: This article was adopted as Ch. 117 but was
renumbered to fit into the alphabetical organization of the Code.
A.
The purpose of this bylaw is to provide for the health, safety, and
general welfare of the citizens of the Town of Dover through the regulation
of non-stormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law. The 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.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering Dover's municipal separate
storm sewer system;
(2)
To prohibit illicit connections and unauthorized discharges to the
MS4;
(3)
To require the removal of all such illicit discharges;
(4)
To comply with state and federal regulations relating to stormwater
discharges; and
(5)
To establish 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 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.
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.
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-stormwater discharge to the storm drain system, except as exempted in § 159-5 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 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.
Activities subject to NPDES Industrial Permits as defined
in 40 CFR Section 122.26(b)(14).
A permit issued by EPA 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, 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.
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.
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.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal separate storm sewer system (MS4)
or watercourses any materials, including but not limited to pollutants
or waters containing pollutants that cause or contribute to a violation
of applicable water quality standards, other than stormwater. The
commencement, conduct or continuance of any illegal discharge to the
storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this bylaw:
(a)
Water line flushing or other potable water sources.
(b)
Landscape irrigation or lawn watering.
(c)
Diverted stream flows.
(d)
Rising groundwater.
(e)
Uncontaminated groundwater infiltration from storm drains.
(f)
Uncontaminated pumped groundwater.
(g)
Foundation or footing drains.
(h)
Crawl space pumps.
(i)
Air conditioning condensation.
(j)
Springs.
(k)
Individual resident car washing.
(l)
Natural riparian habitat or wetland flows.
(m)
Dechlorinated swimming pools.
(n)
Street wash waters.
(o)
Residential building wash waters without detergents.
(p)
Firefighting activities.
(2)
Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
(4)
The prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Federal
Environmental Protection Agency, provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order
and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this bylaw if the person
connects a line conveying sewage to the MS4 or watercourse, or allows
such a connection to continue.
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:
(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.
