[HISTORY: Adopted by the Town Council of the Town of Braintree 5-29-2018 by Ord. No. 18-026(5). Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater enterprise fee — See Ch. 3.130.
A.
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.
B.
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.
C.
The provisions of this chapter shall apply to all properties in the
Town.
A.
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.
B.
CLEAN WATER ACT
GENERAL PERMIT
ILLICIT CONNECTION
ILLICIT DISCHARGE
LAND DISTURBANCE
MASSACHUSETTS STORMWATER STANDARDS
MUNICIPAL STORM DRAIN SYSTEM
OWNER
PERSON
STATE CLEAN WATER ACT
STORMWATER
The following definitions apply to this chapter:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as it is amended from time to time.
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.
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.
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.
Any activity that removes the surface cover from land, changes
the grade, or exposes soil to the potential influence of stormwater.
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.
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.
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.
A.
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.
B.
Prohibited activities.
(1)
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.
(2)
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.
C.
Exempt discharges. The following discharges are exempt from this
chapter:
(1)
Department of Public Works ice and snow control operations;
(2)
Flow resulting from firefighting activities;
(3)
Street and pavement wash waters;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted tide, river or stream flows;
(6)
Water main, hydrant flushing and other discharges from potable
water sources associated with routine maintenance of the water distribution
system;
(7)
Uncontaminated groundwater or infiltration of groundwater;
(8)
Uncontaminated springs;
(9)
Rising groundwater;
(10)
Uncontaminated water from sump pumps and other pumps that remove
floodwaters from basements;
(11)
Water discharge from irrigation or watering of lawns, trees,
landscaping, and gardens;
(12)
Noncommercial car washing;
(13)
Waters from residential property management activities, including
washing walkways, patios, house siding, and windows, provided the
wash water does not contain detergents; and
(14)
Swimming pool discharges that have been de-chlorinated;
A.
Regulations adopted by the Department of Public Works pursuant to
this chapter may include, but are not limited to, the following:
(1)
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;
(2)
Limitations on the types of discharges allowed to the municipal
storm drain system, including exempt activities;
(3)
Provisions to require the removal of illicit connections;
(4)
A permitting program to regulate connections to the municipal
storm drain system;
(5)
Requirements for the design, construction, and ongoing maintenance
of privately owned stormwater facilities; and
(6)
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.
B.
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.
A.
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.
B.
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.
C.
The decisions and orders of the DPW are final. Any appeal shall be
to a court of competent jurisdiction.
D.
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.
E.
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.
