A.
The United States Environmental Protection Agency has identified
land disturbance and polluted stormwater runoff as major sources of
water pollution. Regulation of illicit connections and discharges
to the municipal storm drain system is necessary for the protection
of the Town of Falmouth's water bodies and groundwater resources
and to safeguard the public health, safety, and welfare and the natural
resources of the Town. Increased volumes of stormwater and contaminated
stormwater runoff are major causes of:
B.
The purpose of this article is to prohibit and eliminate illicit
connections and discharges; safeguard the public health, safety, environment,
and general welfare; protect aquatic resources and wildlife habitat;
and protect the quality and health of water resources.
C.
This article seeks to meet that purpose through the following objectives:
(1)
To prevent pollutants from entering the Town of Falmouth's municipal
storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges to the
municipal storm drain system;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this article through inspection, monitoring, and enforcement.
This article shall apply to the following prohibited activities
entering the municipal storm drainage system:
A.
Illicit discharges. No person shall dump, discharge, cause, or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal storm drain system, into a watercourse, or into the waters
of the Commonwealth of Massachusetts.
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 approval from the
Department of Public Works or reviewing agent.
The following activities are exempt from requirements under
this article:
A.
Discharge or flow resulting from firefighting activities;
B.
The following non-stormwater discharges or flows are exempt from
this article, provided that the source is not a significant contributor
of a pollutant to the municipal storm drain system:
(1)
Waterline flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
(8)
Discharge from landscape irrigation or lawn watering;
(9)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water (less than
one part per million chlorine), provided that test data is submitted
to the Town substantiating that the water meets the one part per million
standard, and the pool is drained in such a way as not to cause a
nuisance or public safety issue and complies with all applicable Town
bylaws;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided that verbal notification is given to the
Department of Public Works prior to the time of the test;
(14)
Non-stormwater discharge permitted under an NPDES permit or
a surface water discharge permit, waiver, or waste discharge order
administered under the authority of the United States Environmental
Protection Agency or the Department of Environmental Protection, provided
that the discharge is in full compliance with the requirements of
the permit, waiver, or order and applicable laws and regulations;
(15)
Discharge for which advance written approval is received from
the Board of Health or Conservation Commission as necessary to protect
public health, safety, welfare or the environment; and
C.
Discharge or flow that results from exigent conditions and occurs
during a state of emergency declared by any agency of the federal
or state government, or by the Falmouth Town Manager or Select Board.
A.
The Department of Public Works or reviewing agent may issue a written
order to enforce the provisions of this article which may include:
B.
The Department of Public Works 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 Department
of Public Works 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 of
Massachusetts, 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 Falmouth Department of Public Works, Fire Department, and Police
Department.
