[HISTORY: Adopted by the Town Council of the Town of Braintree 5-29-2018 by Ord. No. 18-026(5). Amendments noted where applicable.]
Stormwater enterprise fee — See Ch. 3.130.
The purpose of this chapter is to implement the requirements of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems issued by the United States Environmental Protection Agency, and the Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection; protect the public health, safety, and welfare of Braintree residents; protect the natural resources, water bodies, groundwater resources, environment, and municipal facilities of the Town; satisfy the appropriate water quality requirements of the Federal Clean Water Act and State Clean Water Act; eliminate and prohibit illicit connections and discharges to the municipal storm drain system of the Town; eliminate or reduce the adverse effects of soil erosion and sedimentation as a result of land disturbance activities; and manage stormwater runoff to minimize adverse impacts to the Town, its citizens, and the environment.
The Department of Public Works is authorized to administer and enforce this chapter, and may promulgate rules and regulations to effectuate the purpose of this chapter.
The provisions of this chapter shall apply to all properties in the Town.
Unless otherwise defined in this section, the terms in this chapter correspond to definitions found in the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems issued by the United States Environmental Protection Agency.
The following definitions apply to this chapter:
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as it is amended from time to time.
- GENERAL PERMIT
- The National Pollutant Discharge Elimination System General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems issued by the United States Environmental Protection Agency.
- ILLICIT CONNECTION
- A surface or subsurface drain or conveyance which allows an illicit discharge into a storm drain, 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 constructed, permitted, or approved before the effective date of this chapter.
- ILLICIT DISCHARGE
- The dumping or discharging of any pollutant or nonstormwater discharge into the municipal storm drain system, into a watercourse, or into waters of the United States and/or the commonwealth, except as exempted in § 13.14.030.
- LAND DISTURBANCE
- Any activity that removes the surface cover from land, changes the grade, or exposes soil to the potential influence of stormwater.
- MASSACHUSETTS STORMWATER STANDARDS
- The performance standards issued by the Massachusetts Department of Environmental Protection (DEP), codified in regulations at 310 CMR 10.05(6)(k)-(q), and further defined and specified in the Massachusetts Stormwater Handbook issued by the DEP.
- MUNICIPAL STORM DRAIN SYSTEM
- 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.
- A person who alone or jointly or severally with others has the legal title to any premises or has care, charge or control of any premises as agent, executor, administrator, trust, lessee or guardian of the estate of the holder of legal title.
- 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.
- STATE CLEAN WATER ACT
- Massachusetts General Laws Chapter 21.
- Stormwater runoff, snow melt runoff, and drainage of any water resulting from rainfall or other precipitation that runs off surfaces during or after a storm.
This chapter applies to all owners that discharge or propose to discharge stormwater off their property, directly or indirectly, into the municipal storm drain system of the Town of Braintree.
Illicit discharge. No person shall dump, discharge, cause or allow to be discharged any contaminated water or nonstormwater discharge (except as exempted in § 13.14.030C) into the municipal storm drain system, into a watercourse, or into the waters of the commonwealth.
Illicit connection. 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.
Exempt discharges. The following discharges are exempt from this chapter:
Department of Public Works ice and snow control operations;
Flow resulting from firefighting activities;
Street and pavement wash waters;
Natural flow from riparian habitats and wetlands;
Diverted tide, river or stream flows;
Water main, hydrant flushing and other discharges from potable water sources associated with routine maintenance of the water distribution system;
Uncontaminated groundwater or infiltration of groundwater;
Uncontaminated water from sump pumps and other pumps that remove floodwaters from basements;
Water discharge from irrigation or watering of lawns, trees, landscaping, and gardens;
Noncommercial car washing;
Waters from residential property management activities, including washing walkways, patios, house siding, and windows, provided the wash water does not contain detergents; and
Swimming pool discharges that have been de-chlorinated;
Regulations adopted by the Department of Public Works pursuant to this chapter may include, but are not limited to, the following:
Implementation of stormwater runoff pollution reduction requirements for new development and redevelopment consistent with the General Permit, including requirements for stormwater management permits to be issued by the DPW;
Limitations on the types of discharges allowed to the municipal storm drain system, including exempt activities;
Provisions to require the removal of illicit connections;
A permitting program to regulate connections to the municipal storm drain system;
Requirements for the design, construction, and ongoing maintenance of privately owned stormwater facilities; and
Provisions for inspections, reporting requirements, and enforcement actions necessary to insure compliance with the General Permit, the Massachusetts Stormwater Standards, this chapter, and the regulations.
The regulations may provide for different permitting requirements among projects and facilities, based upon differences in the nature and extent of land disturbance, the effect upon stormwater runoff, and the impacts upon the municipal storm drain system. The regulations may also exempt projects from the requirement for a DPW permit where the projects are otherwise subject to permitting requirements of the Planning Board, the Conservation Commission, or another municipal board, if such requirements are determined by the DPW to ensure compliance with the standards established the DPW permitting requirements.
The DPW shall have authority to enforce this chapter, its regulations, and permits issued thereunder by violation notices, administrative orders, and civil and criminal court actions pursuant to MGL c. 83, § 10, or any other applicable statute or regulation, including actions for injunctive relief and the imposition of civil penalties. The Town may seek to recover from each violator any additional cost for any expense, loss, or damage to the Town occasioned by such violation.
To the extent permitted by law, or if authorized by the owner or other person in control of the property, the DPW, its officers, agents, and employees may enter upon privately owned property for the purpose of performing their duties, and may make such inspections and sampling as is reasonably necessary.
The decisions and orders of the DPW are final. Any appeal shall be to a court of competent jurisdiction.
Any person who violates any provision of this chapter, the regulations, or a permit issued pursuant to this chapter or the regulations may be punished by a criminal fine, not to exceed $300, in the manner prescribed by § 1.08.010 of the Town Ordinances. Each day on which any violation exists shall be deemed a separate violation.
As an alternative to criminal prosecution, the DPW may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and § 1.08.020 of the Town Ordinances, in which case the Director or the Director's designee, and any Town police officer, shall be the enforcing person. 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 on which any violation exists shall be deemed a separate violation.
The provisions of this chapter are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this chapter or the application thereof to any owner, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of said Chapter to the extent permitted by law.