Article II of this bylaw shall apply to all water entering the municipally owned storm drainage system or going, directly or indirectly, into a watercourse, or into the waters of the commonwealth, that is generated on any developed or undeveloped lands except as explicitly exempted in this bylaw or where the Stormwater Authority has issued a waiver in accordance with Article I, § 232-105.
A.
Illicit discharges. No person shall dump, discharge, spill, cause
or allow to be discharged any pollutant or nonstormwater 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 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 consent from the
Stormwater Authority.
D.
Exemptions:
(1)
Discharge or flow resulting from firefighting activities.
(2)
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 or, directly or indirectly, into a watercourse, or into the
waters of the commonwealth:
(a)
Water line flushing;
(b)
Flow from potable water sources;
(c)
Springs;
(d)
Natural flow from riparian habitats and wetlands;
(e)
Diverted stream flow;
(f)
Rising groundwater;
(g)
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 Stormwater Authority prior to discharge and
thereafter discharges in accordance with the requirements of the permit
and applicable laws and regulations to be issued by the Stormwater
Authority;
(h)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(i)
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)
Discharge from street sweeping;
(k)
Dye testing, provided verbal notification is given to the Stormwater
Authority prior to the time of the test;
(l)
Nonstormwater 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)
Discharge for which advanced written approval has been received
from the Stormwater Authority as necessary to protect public health,
safety, welfare or the environment.
A.
Pet waste. Dog feces are a major component of stormwater pollution; it shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland, or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a service dog or other service animal registered as such. Persons walking dogs must carry with them a device designed to dispose of dog feces, including, but not limited to, a plastic bag or "pooper scooper." For specific requirements and penalties for violations, see the Code of the Town of Foxborough, Chapter 78, § 78-2.
B.
Pavement sealers. Coal-tar-based driveway and pavement sealers have
been identified as a primary source of poly-aromatic hydrocarbons
affecting streams in developed areas. Poly-aromatic hydrocarbons are
classified by the United States Environmental Protection Agency as
a probable human carcinogen and are highly toxic to aquatic life.
Asphalt-based driveway and pavement sealers contain low concentrations
of poly-aromatic hydrocarbons. Therefore, application of coal-tar-based
driveway and pavement sealers is prohibited for all paved areas directly
connected to the MS4.
The Stormwater Authority 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 Stormwater Authority
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
to the Stormwater Authority 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 Stormwater Authority or its authorized agent 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.
Civil relief. If a person violates the provisions of this bylaw,
or any associated regulations, permit, notice, or order issued thereunder,
the Stormwater Authority 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 Stormwater Authority or its authorized agent may issue a
written order to enforce the provisions of this bylaw or any 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;
(d)
That measures shall be taken to minimize the discharge of pollutants
until such time as the illicit connection shall be eliminated; and
(e)
Remediation of contamination in connection therewith.
(2)
If the Stormwater Authority 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)
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 Stormwater
Authority 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 Stormwater Authority 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 on
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 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 may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, § 1-5, of the Code of the Town of Foxborough, in which case the agent of the Stormwater Authority 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.
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 Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
F.
Appeals. The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be to a court of competent jurisdiction.
G.
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.
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.
