Stormwater Management

Rutland By-law Governing Stormwater Management
(Illicit Connections And Discharges to the Storm Drain System)

Section 1. Purpose

  • The purpose of this by-law is to allow the town of Rutland to:
    • Establish rules and regulations.
    • Establish application and review procedures.
    • Establish a permitting process
    • Establish enforcement procedures and sanctions to allow it to comply with all applicable Federal and State statutes, Federal and State permits, Federal, State, and local by-laws, and regulations relative to the quantity and quality of stormwater runoff.
    • Protect against increased and untreated stormwater runoff and flooding.
    • Protect the town's lakes, ponds, rivers, streams, wetlands, and groundwater.
    • Prevent contamination of drinking water supplies.
    • Prevent alteration or destruction of aquatic and wildlife habitat.
    • Establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
  • Regulation of illicit connections and discharges to the municipal storm sewer system (MS4) is necessary for the protection of Rutland's water bodies and groundwater, and to safeguard the public health, safety, welfare, and the environment.
  • Nothing in this by-law is intended to replace the requirements of the Rutland General Wetlands Protection by-law, or any other by-law that may be adopted by the town of Rutland. Any activity subject to the provisions of the above-cited by-laws must comply with the specifications of each.

Section 2. Definitions

The following definitions shall apply in the interpretation and implementation of this bylaw:

  • The term "abutter" refers to the owner(s) of land abutting the activity.
  • The term "agriculture" refers to the normal maintenance or improvement of land for agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
  • The term "applicant" refers to any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth or the Federal government to the extent permitted by law requesting soil erosion and sediment control permit for proposed land-disturbance activity.
  • The term "alter" refers to any activity that will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns.
  • The term "Authorized Enforcement Agency" refers to the Rutland Department of Public Works, its employees, or agents designated to enforce this by-law.
  • The term "Best Management Practice" (BMP) refers to an activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
  • The term "Board of Public Works" refers to the Rutland Department of Public Works and Board of Selectmen.
  • The term "the Board" refers to the Board of Public Works
  • The term "Clean Water Act" refers to the Federal Water Pollution Control Act (33 USC. § 1251 et seq.) as hereafter amended.
  • The term "Department of Public Works (DPW)" refers to the Rutland Department of Public Works.
  • The term "discharge of pollutants" refers to the addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or Commonwealth from any source.
  • The term "emergency permit" refers to an interim Stormwater Management Permit which may be issued in cases where failure to perform work poses an imminent danger to public health and safety.
  • The term "groundwater" refers to the water beneath the surface of the ground.
  • The term "illicit connection" refers to a surface or subsurface drain or conveyance, that allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, wash water, and any connections from indoor drains, sinks, or toilets, regardless of whether the said connection was previously allowed, permitted, or approved before the effective date of this by-law.
  • The term "illicit discharge" refers to direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Section 8. The term does not include a discharge in compliance with an NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to Section 8 of this bylaw.
  • The term "impervious surface" refers to any material or structure on or above the ground that prevents water from infiltrating the underlying soil. The impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
  • The term "infiltration" refers to the act of conveying surface water into the ground for the purpose of groundwater recharge and reduction of stormwater runoff from a project site.
  • The term "Massachusetts Stormwater Management Policy" refers to the Policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act MGL c. 131 s. 40 and Massachusetts Clean Waters Act MGL c. 21, §. 23-56. The Policy addresses stormwater impacts through the implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
  • The term "Municipal Separate Storm Sewer System (MS4) or Municipal Storm Drain System" refers to a 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 structures that together comprise the storm drainage system owned or operated by the town of Rutland.
  • The term "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" refers to a permit issued by the United States Environmental Protection Agency or jointly with the State that authorizes the discharge of pollutants into waters of the United States.
  • The term "Non-Stormwater Discharge" refers to discharge to the municipal storm drain system not composed entirely of stormwater.
  • The term "outfall" refers to the point at which stormwater flows out from a point source discernible, confined, and discrete conveyance into the Waters of the Commonwealth.
  • The term "owner" refers to a person with a legal or equitable interest in the property.
  • The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth, or political subdivision thereof to the extent subject to town by laws, or administrative agency. public or quasi-public
  • Corporation or body, the town of Rutland, and any other legal entity, its legal representatives, agents, or assigns.
  • The term "Pollutant" shall include any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth. Pollutants shall include without limitation:
    • Paints, varnishes, and solvents.
    • Oil and other automotive fluids.
    • Non-hazardous liquid and solid wastes and yard wastes.
    • Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations, and floatables.
    • Pesticides, herbicides, and fertilizers.
    • Hazardous materials and wastes, sewage, fecal coliform, and pathogens.
    • Dissolved and particulate metals.
    • Animal wastes.
    • Rock, sand, salt, soils.
    • Construction wastes and residues.
    • Noxious or offensive matter of any kind.
  • The term "process wastewater" refers to water, that, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.
  • The term "recharge" refers to the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
  • The term "runoff" refers to rainfall, snowmelt, or irrigation water flowing over the ground surface.
  • The term "stormwater" refers to stormwater runoff, snowmelt runoff, and surface water runoff and drainage.
  • The term "Stormwater Officer" refers to the Department of Public Works Superintendent or other person(s) designated by the Department of Public Works to review Stormwater Management Permit Applications, hold public meetings on SMP applications, and advise the Rutland Department of Public Works on Stormwater Permit Applications as outlined in this by-law.
  • The term "Stormwater Management Permit" refers to a permit issued by the Department of Public Works, after a review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the town from the deleterious effects of uncontrolled and untreated stormwater runoff.
  • The term "Stormwater Management Compliance Certificate (SMCC)" refers to a document issued by the Department of Public Works that states that all conditions of a previously issued Stormwater Management Permit have been met and that a project has been completed in compliance with the conditions set forth in a SMP.
  • The term "Surface Water Discharge Permit" refers to a permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 3 that authorizes the discharge of pollutants into waters of the Commonwealth of Massachusetts.
  • The term "Toxic or Hazardous Material or Waste" refers to any material, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious, or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid, and alkali, and any substance defined as Toxic or Hazardous under G.L. Ch.21C and Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
  • The term "watercourse" refers to a natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream.
  • The term "waters of the Commonwealth" refers to all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
  • The term "wastewater" refers to any sanitary waste, sludge, septic tank or cesspool overflow, and water that during manufacturing, cleaning, or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

Section 3. Applicability

This by-law shall apply to flows entering the municipally owned storm drainage system.

Section 4. Authority

This by-law 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 of the federal Clean Water Act found at 40 CFR 122.34.6

Section 5. Responsibility for Administration

  • The Select Board shall administer, implement, and enforce this by-law. Any powers granted to or duties imposed upon the Select Board may be delegated in writing by the Select Board to employees or agents of the Select Board.
  • The Select Board, with input and guidance from the Stormwater Officer and public comment, shall be empowered to promulgate regulations, establish standards and specifications, issue Stormwater Management Permits with conditions, impose operation and maintenance covenants on real property and review and approve stormwater management plans for the development or redevelopment of any parcel of land in the town and/or the improvement of any building or structure. Such regulations shall be known as the "Rutland Stormwater Management Rules and Regulations."
  • After public notice and public hearing, the Rutland Department of Public Works may promulgate rules and regulations to effectuate the purposes of this by-law. Failure by the Department of Public Works to promulgate such rules and regulations or a legal declaration of their invalidity by a court shall not act to suspend or invalidate the effect of this by-law.

Section 6. Regulations

The Select Board may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this by-law, by majority vote of the Select Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven days prior to the hearing date.

Section 7. Prohibited Activities

  • Illicit Discharges. No person shall dump, discharge, cause, or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the Commonwealth.
  • 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.
  • 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 Board of Selectmen or its agents.

Section 8. Exemptions

  • Discharge or flow resulting from fire fighting activities.
  • The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters provided that the source is not a significant contributor of a pollutant to the municipal storm drain system:
    • Waterline flushing.
    • Flows from potable water sources.
    • Springs.
    • Natural flows from riparian habitats and wetlands.
    • Diverted stream flows.
    • Rising groundwater.
    • Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater.
    • Uncontaminated groundwater discharge from a residential sump pump, which existed at the time of adoption of this by-law.
    • Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air conditioning condensation.
    • Discharges from landscape irrigation or lawn watering;
    • Water from individual residential car washing and temporary fund-raising car wash events.
    • Discharges from dechlorinated swimming pool water (less than one ppm chlorine) provided it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining, and the pool is drained in such a way as not to cause a nuisance.
    • Discharges from street sweepers of minor amounts of water during operations.
    • Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test.
    • Non-stormwater discharges are 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.
    • Discharges for which advanced written approval is received from the Department of Public Works if necessary to protect public health, safety, welfare or the environment

Section 9. Emergency Suspension of Storm Drainage System Access

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 an 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 Authorized Enforcement Agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare, or the environment.

Section 10. Notification of Spills

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 the 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 Rutland fire and police departments and Department of Public Works, and Conservation Commission. In the event of a release of non-hazardous material, the reporting person shall notify the Department of Public Works no later than the next business day. The reporting person shall provide to the Authorized Enforcement Agency 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.

Section 11. Enforcement

  • The Select Board shall have the authority to enforce this by-law, its regulations, and permits issued by violation notices, administrative orders, and civil and criminal court actions.
  • Upon request of the Department of Public Works, the Select Board and the Town Counsel shall take legal action for the enforcement under civil law. Upon request of the Select Board, the Chief of Police shall take legal action for enforcement under criminal law.
  • Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Select Board in enforcement.
  • Non-Criminal Disposition: As an alternative to criminal prosecution, the town of Rutland may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, Sec. 21 D, or as it may be amended from time to time, in which case the Superintendent of Public Works shall be the enforcing person. The penalty for the 1st violation shall be $50. The penalty for the 2nd violation shall be $100. The penalty for the 3rd and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
  • Orders
    • The Select Board or an authorized agent of the Select Board may issue a written order to enforce the provisions of this by-law or the regulations thereunder, which may include:
      • Elimination of illicit connections or discharges to the MS4.
      • Performance of monitoring, analyses, and reporting.
      • That unlawful discharges, practices, or operations shall cease and desist.
      • Remediation of contamination in connection therewith.
      • If the enforcing person 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 of Rutland may, at its option, undertake such work, and expenses thereof shall be charged to the violator.
      • Within thirty (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 of Rutland, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Department of Public Works within thirty (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 thirty (30) days following a decision of the Department of Public Works 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 G.L. Ch. 59, 57 after the thirty-first day at which the costs first become due.
      • Appeals
    • The decisions or orders of the Select Board shall be final. Further relief shall be to a court of competent jurisdiction.
    • Remedies Not Exclusive
    • The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state, or local law.

Section 12. Liability Insurance

The Superintendent may decline to issue or reissue a stormwater discharge permit to any user who has failed to comply with any provision of this by-law, a previous stormwater discharge permit, or order issued hereunder, or any other applicable State or Federal standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the MS4 caused by its discharge.

Section 13. Severability

The provisions of this by-law are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this by-law 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 by-law.

Section 14. Grandfather Provision

This by-law shall not apply to any work or projects for which all necessary approvals and permits have been issued at the effective date of this by-law. Such previously approved projects shall be exempt from the requirements of this by-law.

Section 15. Transitional Provisions

Residential property owners shall have 60 days from the effective date of the by-law to comply with its provisions provided good cause is shown for the failure to comply with the by-law during that period.

Adopted November 19, 2018 - Article 18 Approved by Atty General February 28, 2019 Posted March 1, 2019