stormwater.l) PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department orpolitical subdivision <strong>of</strong> the Commonwealth or the federal government, to the extent permitted by law, and any <strong>of</strong>ficer,employee, or agent <strong>of</strong> such person.m) POLLUTANT: Any element or property <strong>of</strong> sewage, agricultural, industrial or commercial waste, run<strong>of</strong>f, leachate, heatedeffluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewagetreatment works or waters <strong>of</strong> the Commonwealth. Pollutants may include but are not limited to: paints, varnishes, and solvents; oil andother automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded orabandoned 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 andresidues; noxious or <strong>of</strong>fensive matter <strong>of</strong> any kind.n) PROCESS WASTEWATER: Water which, during manufacturing or processing, comes into direct contact with or resultsfrom the production or use <strong>of</strong> any material, intermediate product, finished product, or waste product.o) RECHARGE: The process by which groundwater is replenished by precipitation through the percolation <strong>of</strong> run<strong>of</strong>f and surface waterthrough the soil.p) STORMWATER: Storm water run<strong>of</strong>f, snow melt run<strong>of</strong>f, and surface water run<strong>of</strong>f and drainage.q) SURFACE WATER DISCHARGE PERMIT. A permit issued by the Department <strong>of</strong> Environmental Protection (DEP) pursuant to 314CMR 3.00 that authorizes the discharge <strong>of</strong> pollutants to waters <strong>of</strong> the Commonwealth <strong>of</strong> Massachusetts.r) TOXIC OR HAZARDOUS MATERIAL or WASTE: Any material, which because <strong>of</strong> its quantity, concentration, chemical,corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with anysubstance 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 orinfectious waste, acid and alkali, and any substance defined as Toxic or Hazardous under G.L. Ch.21C and Ch.21E, and theregulations at 310 CMR 30.000 and 310 CMR 40.0000.s) WATERCOURSE: A natural or man-made channel through which water flows or a stream <strong>of</strong> water, including a river, brookor underground stream.t) WATERS OF THE COMMONWEALTH: All waters within the jurisdiction <strong>of</strong> the Commonwealth, including, withoutlimitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, and groundwater.u) WASTEWATER: Any sanitary waste, sludge, or 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 <strong>of</strong> any raw material, intermediateproduct, finished product, byproduct or waste product.6.8.3. Applicability6.8.3.1. This by-law shall apply to flows entering the municipally owned storm sewerage system and waters <strong>of</strong> the Commonwealth.6.8.4. Authority6.8.4.1. This bylaw is adopted pursuant to the regulation <strong>of</strong> the Federal Clean Water Act found at 40 CFR 122.34 and the Phase II rulingfrom the Environmental Protection Agency found in the December 8, 1999 Federal Register.6.8.5. Responsible for Administration6.8.5.1. The Planning Board in conjunction with the Conservation Commission, Department <strong>of</strong> Public Works Director and ZoningEnforcement Officer shall administer, implement and enforce this by-law. Any powers granted to or duties imposed upon the above maybe delegated in writing by the above to employees or agents <strong>of</strong> the above.6.8.6. Regulations6.8.6.1. The Planning Board may promulgate rules and regulations to effectuate the purposes <strong>of</strong> this by-law. Failure by the PlanningBoard to promulgate such rules and regulations shall not have the effect <strong>of</strong> suspending or invalidating this by-law.6.8.7. Prohibited Activities6.8.7.1. Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwaterdischarge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters <strong>of</strong> the Commonwealth.6.8.7.2. Illicit Connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm sewersystem, regardless <strong>of</strong> whether the connection was permissible under applicable law, regulation or custom at the time <strong>of</strong> connection.
6.8.7.3. Obstruction <strong>of</strong> Municipal Storm Sewer System. No person shall obstruct or interfere with the normal flow <strong>of</strong> stormwater into orout <strong>of</strong> the municipal storm sewer system without prior written approval from the Planning Board.6.8.8. Exemptions6.8.8.1. Discharge or flow resulting from fire fighting activities.6.8.8.2. The following non-stormwater discharges or flows are exempt from the prohibition <strong>of</strong> non-stormwaters provided that the sourceis not a significant contributor <strong>of</strong> a pollutant to the municipal storm sewer system:a) Waterline flushing;b) Flow from potable water sources;c) Springs;d) Natural flow from riparian habitats and wetlands;e) Diverted stream flow;f) Rising groundwater;g) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;h) Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawlspace pumps, or air conditioning condensation;i) Discharge from landscape irrigation or lawn watering;j) Water from individual residential car washing;k) Discharge from dechlorinated swimming pool water (less than one ppm chlorine provided the water is allowed to stand for one weekprior to draining and the pool is drained in such a way as not to cause a nuisance;l) Discharge from street sweeping;m) Dye testing, provided verbal notification is given to the Planning Board prior to the time <strong>of</strong> the test;n) Non-stormwater discharge permitted under an NPDES permit or a Surface Water Discharge permit, waiver, orwaste discharge order administered under the authority <strong>of</strong> the United States Environmental Protection Agency or theDepartment <strong>of</strong> Environmental Protection, provided that the discharge is in full compliance with the requirements <strong>of</strong> thepermit, waiver, or order and applicable laws and regulations.o) Discharge for which advanced written approval is received from the Planning Board as necessary to protect publichealth, safety, welfare or the environment.6.8.8.3. Discharge or flow that results from exigent conditions and occurs during a State <strong>of</strong> Emergency declared by any agency <strong>of</strong> thefederal or state government, or by the <strong>Town</strong> <strong>of</strong> <strong>Lunenburg</strong> Chief Administrative Financial Officer, the Planning Board or the Board <strong>of</strong>Health.6.8.9. Emergency Suspension <strong>of</strong> Storm Sewerage System Access6.8.9.1. The Planning Board may suspend municipal storm sewer system access to any person or property without prior written noticewhen such suspension is necessary to stop an actual or threatened discharge <strong>of</strong> pollutants that presents imminent risk <strong>of</strong> harm to thepublic health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, theAuthorized Enforcement Agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or theenvironment.6.8.10. Notification <strong>of</strong> Spills6.8.10.1. Notwithstanding other requirements <strong>of</strong> local, state or federal law, as soon as a person responsible for a facility or operation, orresponsible for emergency response for a facility or operation has information <strong>of</strong> or suspects a release <strong>of</strong> materials at that facility oroperation resulting in or which may result in discharge <strong>of</strong> pollutants to the municipal drainage system or waters <strong>of</strong> the Commonwealth,the person shall take all necessary steps to ensure containment, and cleanup <strong>of</strong> the release. In the event <strong>of</strong> a release <strong>of</strong> oil or hazardousmaterials, the person shall immediately notify the municipal fire and police departments and the Planning Board and the <strong>Lunenburg</strong>Board <strong>of</strong> Health. In the event <strong>of</strong> a release <strong>of</strong> non-hazardous material, the reporting person shall notify the Planning Board no later thanthe next business day. The reporting person shall provide to the Planning Board written confirmation <strong>of</strong> all telephone, facsimile or inpersonnotifications within three business days thereafter. If the discharge <strong>of</strong> prohibited materials is from a commercial or industrialfacility, the facility owner or operator <strong>of</strong> the facility shall retain on-site a written record <strong>of</strong> the discharge and the actions taken to preventits recurrence. Such records shall be retained for at least three years.6.8.11. Enforcement6.8.11.1. The Zoning Enforcement Officer in conjunction with the Planning Board, Conservation Commission and DPW Director shallenforce this by-law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies forsuch violations.6.8.11.2. Civil Relief6.8.11.2.1. If a person violates the provisions <strong>of</strong> this by-law, regulations, permit, notice, or order issued thereunder, the Planning Boardthrough the Zoning Enforcement Officer may seek injunctive relief in a court <strong>of</strong> competent jurisdiction restraining the person fromactivities which would create further violations or compelling the person to perform abatement or remediation <strong>of</strong> the violation.6.8.11.3. Orders6.8.11.3.1. The Planning Board in conjunction with the Conservation Commission and DPW Director may issue a written order to theZoning Enforcement <strong>of</strong>ficer enforce the provisions <strong>of</strong> this by-law or the regulations thereunder, which may include: (a) elimination <strong>of</strong> illicit
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I N D E XDEPARTMENTSPAGESAbout The
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‘MEETINGSAnnual Town Election 3rd
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APPOINTMENT LISTANIMAL CONTROL OFFI
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APPOINTMENT LIST CONT’DSENIOR CIT
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BUILDING DEPARTMENTThe Building Dep
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Nashoba, as agent for the local Boa
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CEMETERY DEPARTMENTThe Cemetery Com
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• ' Resident satisfaction survey:
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PLANNING BOARDThe Planning Board Ch
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LUNENBURG PUBLIC LIBRARYThe Lunenbu
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Vehicle MaintenanceThis division wi
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POLICE DEPARTMENTChief Daniel F. Bo
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SEWER COMMISSIONThe appointed five-
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MONTACHUSETT REGIONAL VOCATIONAL TE
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WOMEN IN TECHNOLOGYDuring the 2006-
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TECHNOLOGYThrough the continued sup
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SUPERINTENDENT’S MESSAGELoxi Jo C
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LUNENBURG HIGH SCHOOLMichael G. Bar
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HIGH SCHOOL FACULTY / STAFF ROSTERP
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Our students also participated in A
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THOMAS C. PASSIOS ELEMENTARY SCHOOL
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LUNENBURG PRIMARY SCHOOLThe Lunenbu
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