[HISTORY: Adopted by the Town Meeting of the Town of Dudley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-2020 by
Art. 20]
A.
Increased
volumes and contamination of stormwater lead to impaired water quality
and flow in lakes, streams, rivers, wetlands, and groundwater; contamination
of drinking water supplies; alteration or destruction of wildlife
habitat; and flooding.
B.
The purpose
of this bylaw is to safeguard the environment and the health and general
welfare of the citizens of the Town of Dudley through the regulation
of illicit connections and illicit discharges to the municipal separate
storm sewer system (MS4). The objectives of this bylaw are:
(1)
To
establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
bylaw;
(2)
To
comply with state and federal statutes and regulations related to
stormwater discharges;
(3)
To
prevent pollutants from entering the MS4 by stormwater discharges;
(4)
To
prohibit illicit connections and discharges to the MS4; and
(5)
To
require the removal of such illicit connections.
For the purposes of this bylaw, the following terms shall mean:
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.
Activities subject to NPDES construction permits that result
in a land disturbance of greater than or equal to one acre. This shall
also include disturbances less than one acre if that disturbance is
part of a larger common plan of development or sale that would disturb
one or more acres. This would include any land disturbance resulting
from, but not limited to, clearing and grubbing, grading, excavating,
and demolition.
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 nonstormwater discharge to the MS4, except as exempted in § 254-7 of this bylaw.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the MS4, including, but not limited to,
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.
Activities and facilities subject to NPDES industrial permits
as defined in 40 CFR 122.26(b)(14).
Municipal separate storm sewer systems, also known as the
municipal storm drain system.
A permit issued by the U.S. Environmental Protection Agency
or jointly with the State of Massachusetts under authority delegated
pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge
of pollutants to waters of the United States.
Any discharge to the MS4 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, gasoline, 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.
[Amended 5-24-2021 by Art. 8]
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.
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.
Water that comes into direct contact with or results from
the production or use of any material, intermediate product, finished
product, or waste product in manufacturing or processing.
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.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any person who has been issued a notice of violation of this
bylaw.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A man-made or natural channel through which water flows,
such as 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 rivers, and groundwater.
This bylaw shall apply to all water entering the municipal storm
drainage system generated on any developed and undeveloped lands unless
explicitly exempted by the Planning Board. The provisions in this
bylaw shall take precedence over any conflicting provisions from previous
bylaws.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act and pursuant to the regulations set forth in the federal
Clean Water Act found at 40 CFR 122.34.
The Conservation Commission shall administer, implement, and
enforce the provisions of this bylaw. The Chairman of the Conservation
Commission may delegate, in writing, any powers granted or duties
of the Conservation Commission to its employees or agents.
A.
Prohibition
of illegal discharges. No person shall discharge or cause to be discharged
into the MS4 or watercourses any materials, including, but not limited
to, pollutants or waters containing any pollutants set forth in this
bylaw.
B.
Prohibition
of illicit connections. No person shall construct, maintain, use,
or allow the continued existence of illicit connections to the MS4,
regardless of whether the illicit connection was permissible under
law, regulation, or custom at the time of connection.
C.
Obstruction
of MS4. No person shall obstruct or interfere with the normal flow
of stormwater into or out of the MS4 without prior written approval
from the Conservation Commission.
The following discharges are exempt from discharge prohibitions
established by this bylaw, unless the discharge is determined by the
Conservation Commission or the United States Environmental Protection
Agency (USEPA) to be a significant contributor of a pollutant to the
MS4, in which case the following discharges may be subject to the
terms of this bylaw:
A.
Water line
and hydrant flushing;
B.
Flow from
potable water sources;
C.
Flow from
landscape irrigation or lawn watering;
D.
Wastewater
from noncommercial washing of vehicles;
E.
Flow resulting
from firefighting activities;
F.
Dechlorinated
water from swimming pools (if dechlorinated to less than one part
per million chlorine);
G.
Uncontaminated
water originating from residential pumping, including air-conditioning
condensation and water from exterior foundation or footing drains
(not including active groundwater dewatering systems);
[Amended 5-24-2021 by Art. 9]
H.
Diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, springs, or natural flow from riparian habitats or wetlands;
I.
Dye testing,
given a verbal notification to the Conservation Commission prior to
the time of testing;
J.
Discharges
specified in writing by the Conservation Commission as being necessary
to protect public health and safety; and
K.
Any nonstormwater
discharge that is permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the
authority of the U.S. 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 MS4.
A.
Suspension
due to illicit discharges in emergency situations. The Conservation
Commission may, without prior notice, suspend MS4 discharge access
to a person if it is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4
or waters of the Commonwealth. If the person fails to comply with
a suspension order issued in an emergency, the Conservation Commission
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the Commonwealth or to minimize danger to
persons.
B.
Suspension
due to the detection of illicit discharge. Any person discharging
to the MS4 in violation of this bylaw may have their MS4 access terminated
if such termination would abate or reduce an illicit discharge. The
Conservation Commission will notify a violator of the proposed termination
of its MS4 access. The person may petition the Conservation Commission
for a reconsideration and hearing.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Conservation Commission prior to the allowing
of discharges to the MS4.
A.
Applicability.
This section applies to all facilities that have stormwater discharges
associated with industrial activity, including construction activity.
B.
Access
to facilities.
(1)
The
Conservation Commission may request 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 place 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 Conservation
Commission.
(2)
Facility
operators shall allow the Conservation Commission ready access to
all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of an NPDES permit to discharge stormwater, and the performance of
any additional duties as defined by state and federal law.
(3)
The
Conservation Commission shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the Conservation
Commission to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The
Conservation Commission has the right to require the discharger to
install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Conservation
Commission and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable
delay in allowing the Conservation Commission access to a permitted
facility is a violation of a stormwater discharge permit and of this
bylaw. A person who is the operator of a facility with an NPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the Conservation Commission reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this bylaw.
(7)
If
the Conservation Commission has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this bylaw, or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program designed to verify
compliance with this bylaw or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then
the Conservation Commission may seek issuance of a search warrant
from any court of competent jurisdiction.
The Conservation Commission will adopt requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the MS4, or waters of the Commonwealth. The owner or operator of a
commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the MS4 or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises which is, or may be, the source
of an illicit discharge may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
Every person owning property through which a watercourse passes,
or such person's lessee, shall not place trash, debris, yard waste,
vegetation, or other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
Notwithstanding other requirements of local, state, or federal
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, or waters of the Commonwealth, said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release in accordance with this bylaw and any
regulations promulgated pursuant to this bylaw. In the event of release
of hazardous materials from the sanitary sewer, said person shall
immediately notify the Board of Health. In the event of release of
any other hazardous material, said person shall immediately notify
the Fire Department which shall then notify the Conservation Commission.
In the event of a release of nonhazardous materials, said person shall
notify the Conservation Commission no later than the next business
day. Notification of a release to the Conservation Commission shall
include all pertinent information regarding the release, including
proof of notification to the Massachusetts Department of Environmental
Protection, if such notification was required.
A.
Authorized
agent. The Conservation Commission and any authorized agents shall
enforce the provisions of this bylaw, issue and prosecute violation
notices and enforcement orders, and may pursue all criminal and civil
remedies for such violations.
B.
Orders.
(1)
Whenever
the Conservation Commission or its authorized agent finds that a person
has violated a prohibition or failed to meet a requirement of this
bylaw, it may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease and
desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of source control or treatment BMPs.
(2)
If
abatement of a violation and/or restoration of affected property is
required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. If elimination of illicit
connections or discharges is required as abatement, such elimination
must be completed within 60 days from the identification of the illicit
connection or discharge. The Conservation Commission may, for good
cause, extend the time for compliance after written request. If an
extension beyond 60 days is necessary, the violator must submit to
the Conservation Commission a written schedule for expeditious elimination
of the illicit discharge at least 10 days prior to the sixty-day deadline.
The violator shall provide a monthly progress report to the Conservation
Commission summarizing the status of the elimination schedule. In
the interim period, the violator may be required to take reasonable
and prudent measures to minimize the discharge of pollutants to and
from the MS4.
(3)
Should
the violator fail to remediate or restore within a timeframe deemed
reasonable by the Conservation Commission the work will be done by
a designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
(4)
Within
30 days after abatement of the violation, the violator will be notified
of the cost of abatement, including administrative costs. The violator
may file a written protest objecting to the amount of the assessment
within 30 days of receipt of the notification of costs incurred. If
the amount due is not paid within a timely manner, as determined by
the decision of the Conservation Commission or its designated agent,
or by the expiration of the time in which to file an appeal, the Conservation
Commission may impose a municipal charges lien on the property pursuant
to MGL c. 40, § 58.
C.
Appeals.
The decisions or orders of the Conservation Commission or its designated
agent shall be final. Further relief shall be to a court of competent
jurisdiction.
D.
Civil
relief. If a person has violated or continues to violate the provisions
of this bylaw, the Conservation Commission may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
E.
Criminal
penalty. Any person that has violated or continues to violate this
bylaw shall be fined $300 per offense, the maximum allowable penalty
under MGL c. 40, § 21. Each day such violation continues
shall constitute a separate offense.
F.
Noncriminal
disposition. In lieu of enforcement proceedings, penalties, and remedies
authorized by this bylaw, the Conservation Commission may elect to
use the noncriminal disposition procedure set forth in MGL c. 40,
§ 21D, and the Town's General Bylaws.[1] The penalty shall be $300 per offense, with each day a
violation continues constituting a separate offense.
G.
Violations
deemed a public nuisance. In addition to the enforcement processes
and penalties provided, any condition caused or permitted to exist
in violation of any of the provisions of this bylaw is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
H.
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 and it is within the discretion of the Conservation Commission
to seek cumulative remedies.
The provisions of this bylaw are hereby declared to be severable.
If any provision, clause, sentence, or paragraph 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.
The Conservation Commission or selected designee may promulgate
after due notice and public hearing rules and regulations to effectuate
the purposes of this bylaw. Failure by the Conservation Commission
or selected designee to promulgate such rules and regulations or a
legal declaration of their invalidity by a court of law shall not
act to suspend or invalidate the effect of this bylaw.
Property owners shall have 60 days from the effective date of
the bylaw to comply with its provisions or petition the Conservation
Commission for an extension.
