[Adopted 4-24-2017 ATM
by Art. 38]
A.Â
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.Â
Regulation of illicit connections and discharges to the municipal
storm drain system and watercourses is necessary for the protection
of the Town of Medfield's water bodies and groundwater, and to safeguard
the public health, safety, welfare and the environment.
C.Â
The objectives of this Bylaw are:
(1)Â
To prevent pollutants from entering the Town of Medfield municipal
separate storm sewer system (MS4) or watercourses;
(2)Â
To prohibit illicit connections and unauthorized discharges to the
MS4 and watercourses;
(3)Â
To require the removal of all such illicit connections;
(4)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)Â
To establish the 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 Medfield Department of Public Works, its employees or
any agents designated by the Medfield Department of Public Works to
enforce this Bylaw.
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 or a watercourse,
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 or a watercourse that is not composed entirely of stormwater, except as exempted in § 270-19.
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 Medfield.
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;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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.
Runoff from precipitation or snow melt, 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 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, coastal waters, and groundwater.
This Bylaw shall apply to all water entering the municipal storm
drain system or going, directly or indirectly, into a watercourse
or waters of the Commonwealth, that will be generated on any developed
or undeveloped lands except as explicitly exempted in this Bylaw.
A.Â
Illicit discharges. No person shall dump, discharge, spill, cause
or allow to be discharged any pollutant or non-stormwater discharge
into the municipal separate storm sewer system (MS4), onto an impervious
surface directly connected to the MS4, or, directly or indirectly,
into a watercourse or waters of the Commonwealth.
B.Â
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.Â
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 consent from the authorized
enforcement agency.
D.Â
Exemptions.
(1)Â
Discharge or flow resulting from fire-fighting activities;
(2)Â
The following non-stormwater discharges or flows are exempt from
the prohibitions of non-stormwater, provided that the source is not
a significant contributor of a pollutant to the municipal storm drain
system or, directly or indirectly, to a watercourse or waters of the
Commonwealth:
(a)Â
Waterline flushing;
(b)Â
Flow from potable water sources, with the exception of landscape
irrigation and lawn watering;
(c)Â
Springs;
(d)Â
Natural flow from riparian habitats and wetlands;
(e)Â
Diverted stream flow;
(f)Â
Rising groundwater;
(g)Â
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater (e.g., sump pump),
provided that where a pump intake exists inside a structure, the operator
seeks a permit from the authorized enforcement agency prior to discharge
and thereafter discharges in accordance with the requirements of the
permit and applicable laws and regulations to be issued by the authorized
enforcement agency;
(h)Â
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(i)Â
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;
(j)Â
Discharge from street sweeping;
(k)Â
Dye testing, provided verbal notification is given to the authorized
enforcement agency prior to the time of the test;
(l)Â
Non-stormwater discharge permitted under an NPDES permit, waiver,
or waste discharge order administered under the authority of the United
States Environmental Protection Agency, provided that the discharge
is in full compliance with the requirements of the permit, waiver,
or order and applicable laws and regulations; and
(m)Â
Discharge for which advanced written approval is received from
the authorized enforcement agency as necessary to protect public health,
safety, welfare or the environment.
The authorized enforcement agency 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 municipal Fire and Police
Departments. 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
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 authorized enforcement agency shall enforce this Bylaw,
and any associated regulations, orders, violation notices, and enforcement
orders and may pursue all civil and criminal remedies for such violations.
A.Â
Civil relief. If a person violates the provisions of this Bylaw,
or any associated regulations, permit, notice, or order issued thereunder,
the authorized enforcement agency 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.Â
Orders.
(1)Â
The authorized enforcement agency may issue a written order to enforce
the provisions of this Bylaw or any regulations thereunder, which
may include:
(a)Â
Elimination of illicit connections or discharges to the MS4;
(b)Â
Elimination of discharges to the MS4 or, directly or indirectly,
into a watercourse or into the waters of the Commonwealth.
(c)Â
Performance of monitoring, analyses, and reporting;
(d)Â
That unlawful discharges, practices, or operations shall cease
and desist;
(e)Â
That measures shall be taken to minimize the discharge of pollutants
until such time as the illicit connection shall be eliminated; and
(f)Â
Remediation of contamination in connection therewith.
(2)Â
If the authorized enforcement agency 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.
(3)Â
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 costs with the authorized
enforcement agency 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 authorized enforcement agency 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 31st day at which the costs first become due.
C.Â
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.Â
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 Code of the Town of Medfield Chapter 1, General Provisions, Article II, § 1-1, of the Town of Medfield General Bylaws, in which case the authorized enforcement agency shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. 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.Â
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 authorized enforcement agency, 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 authorized enforcement agency deems reasonably necessary.
F.Â
Appeals. The decisions or orders of the authorized enforcement agency
shall be final. Further relief shall be to a court of competent jurisdiction.
G.Â
Remedies not exclusive. The remedies listed in this section are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The authorized enforcement agency may promulgate rules and regulations
to effectuate the purposes of this Bylaw after conducting a public
hearing to receive comments. Such hearing shall be advertised in a
newspaper of general local circulation at least 14 days prior to the
hearing date. Failure by the authorized enforcement agency to promulgate
such rules and regulations shall not have the effect of suspending
or invalidating this Bylaw.
Residential property owners shall have 60 days from the effective
date of this Bylaw to comply with its provisions, provided good cause
is shown for the failure to comply with the bylaw during that period.
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.
