SPECIAL TOWN MEETING

The Moderator declared the meeting opened at 7:00 p.m. and immediately recessed the meeting to the Senior Center, Wally Krueger Way due to lack of seating.

The Moderator reopened the meeting at 7:15 p.m. at the Senior Center. All postings of warrants was duly noted as required by town by-laws as voted. Total in attendance: 76

ARTICLE 1. It was unanimously voted that the Town adopt the provisions of Chapter 116, Acts of 2002 an Early Retirement Incentive Plan for Bridgewater Town employees within the Plymouth County Retirement System as enacted into law.

Unanimous

ARTICLE 2. It was unanimously voted that the Town transfer the sum of $600.00 from Account #1-241-103-5250, Computer Expenses to Account #1-241-102-5700, General Expenses to cover routine operating expenses in the Inspectional Services Department for the remainder of the fiscal year.

Unanimous

ARTICLE 3. It was unanimously voted that the Town appropriate and transfer the sum of $57,850.00 from Account #17-940-599-5961, Receipts Reserve – Insurance Recovery to Account #1-192-168-5874 Fire Department Lightning Damage.

Unanimous

ARTICLE 4. It was unanimously voted that the Town transfer the sum of $1,670.00 from Account #1-151-103-5324, Special Legal Expense to Account #1-151-101-5117, Assistant Department Head to cover the shortfall in this account.

Unanimous

ARTICLE 5. It was voted that the Town transfer the sum of $41,800.00 from Account #16-122-822-6, Capital Projects Fund to Account #1-300-168-5849, McElwain Roof Replacement & Associated Work.

Passed

ARTICLE 6. It was unanimously voted that the Town transfer the sum of $35,000.00 from Account # 1-300-165-5847, Repair & Maintenance of Williams Middle School Roof to Account #1-300-168-5850 - Eng/Consult Fees Williams Middle School Roof, Windows & Assoc Work.

Unanimous

ARTICLE 7. It was unanimously voted that the Town appropriate and transfer the sum of $250,000.00 from Account #16-122-822-6, Capital Projects Fund to Account #1-192-168-5889, Town Hall Structural Repairs.

Unanimous

ARTICLE 8. It was unanimously voted that the Town appropriate and transfer the sum of $7,000.00 from Account #17-220-712-5961, False Alarm Reserve Account to Account #1-220-102-5259, Vehicle Maintenance to cover the deficit in the account.

Unanimous

ARTICLE 9. It was unanimously voted that the Town appropriate and transfer the sum of $20,000.00 from Account #26-254-3590, Olde Scotland Links Enterprise Fund to Account #26-455-101-5186, Golf Maintenance Staff and $5,000.00 from Account #26-254-3590, Olde Scotland Links Enterprise Fund to Account #26-455-101-5187, Employee Benefits for the purpose of covering the deficit in these accounts.

Unanimous

ARTICLE 10. It was unanimously voted that the Town appropriate and transfer the sum of $15,000.00 from Account #26-254-3590, Olde Scotland Links Enterprise Fund to Account #26-455-102-5700, Other Charges & Expenses for the purpose of covering the deficit in this account.

Unanimous

ARTICLE 11. It was unanimously voted that the Town amend its vote under Article 9 of the Annual Town Meeting of May 6, 2002 as follows:

To amend the By-Laws of the Town of Bridgewater by adding thereto under the General By-Laws of the Town of Bridgewater Article XXXIX, Maintenance of Storm Water Drain Facilities: Section 5 as follows:

I. PREAMBLE

In partial fulfillment of the obligations of the Town under the Clean WaterAct(33 U.S.C. 1251 & seq.) (the "Act") and under the Town's National Pollutant Discharge Elimination System Storm Water Permit, the Town hereby establishes a comprehensive and fair system of regulation of Discharges to the Town's Municipal Separate Storm Sewer System (sometimes referred to herein as the "MS4").

II. PURPOSE

The purpose and intent of this By-Law is to:

1. Protect the waters of the U.S. as defined in the Act and implementing Regulations from uncontrolled Discharges of Storm Water or Discharges of Contaminated Water which have a negative impact on the receiving waters by changing the physical, biological and chemical composition of the water resulting in an unhealthy environment for aquatic organisms, wildlife and people, and
2. Reduce Discharges of Contaminated Water into the MS4 and resultant discharges from the MS4 into waters of the U.S. and improve surface water quality, and
3. Permit and manage reasonable access to the MS4 to facilitate proper drainage, and
4. Assure that the Town can continue to fairly and responsibly protect thepublic health, safety and welfare.

III. DEFINITIONS

CONTAMINATED WATER: Water that contains higher levels of Pollutants, Including without limitation implied, heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria greater than permitted in waters of the U.S. by the Act and implementing Regulations.

DIRECT CONNECTION: Any discernible, confined and discrete conveyance  including but not limited to any pipe, drain, channel, conduit, tunnel, or swale whether above ground or below ground which directs water into the MS4.

DIRECT CONNECTION LICENSE: A license granted by the Town for the continued maintenance by an Owner of a Direct Connection to the MS4.

DISCHARGE: Any non-naturally occurring addition of water or of Storm Water to the MS4.

DUMPING: An act or omission of any person or entity the proximate result of which is the introduction of a Pollutant into the MS4.

EXEMPTED DISCHARGES: Discharges from the following sources unless in any instance such Discharge would result in a substantial and continuing increase in the level of a Pollutant in the waters of the U.S.:

1. water line flushing
2. landscape irrigation
3. diverted stream flows
4. rising ground water
5. pumped ground water
6. discharges from potable water sources
7. foundation drains
8. air conditioning condensation
9. irrigation water
10. springs
11. water from crawl space pumps
12. footing drains
13. lawn watering
14. individual residential car washing
15. flows from riparian habitats and wetlands
16. de-chlorinated swimming pool discharges (e.g. where the Discharge contains less than 1ppm of chlorine.)
17. street wash water
18. rain run-off from roofs

EXISTING SOURCE: Any building, structure, facility or installation from which there is a flow of Storm Water or Exempted Discharge the construction of which building, structure, facility or installation occurred prior to the promulgation of this By-Law.

ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an Illegal Discharge to enter the MS4.

ILLICIT DISCHARGE: Any release into the MS4 of Contaminated Water, any Discharge of Storm Water from a Direct Connection for which a Direct Connection License is not in force and effect, any Discharge which is not an Exempted Discharge, or any Discharge from an Indirect Connection not in compliance with this By-Law.

INDIRECT CONNECTION: The natural drainage of Storm Water over or under the surface of the ground (whether instigated by human endeavor or not) via gravity into the MS4.

MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4: The Storm Water collection system which is made up of open water courses, swales, ditches, culverts, canals, streams, catch basins and pipes through which the storm water flows and the Town Public Ways over which it flows which is owned and operated by the Town for the purpose of collecting or conveying storm water to a discharge point.

NEW SOURCE: Any building, structure, facility or installation from which there is or may be a Discharge of Storm Water the construction of which building, structure, facility or installation commenced after adoption of this By-Law.

NPDES PERMIT: The National Pollution Discharge Elimination System Permit issued by the federal Environmental Protection Agency to the Town.

OWNER: The owner of a parcel of land recorded in the Assessor's Office of the Town.

POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter back-wash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, rock, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel.

PUBLIC WAYS: Any road (including such appurtenances such as berms, curbs, drains, catch basins, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper lay-out) to which the public has access and that the Town is responsible for maintaining.

REGULATORY AUTHORITY: The Board of Selectmen of the Town of Bridgewater has the authority to exercise the powers granted by this By-Law.

STORM WATER: Rainfall that exceeds the soil’s capacity contempo-raneously to absorb it and which, instead, runs across the surface of the ground as run-off.

IV. PROHIBITIONS

1. No person or entity shall do or suffer to be done any Dumping into the MS4, including without limitation implied, the placing or emptying into any catch basin or other portal to the MS4, of any Pollutant.
2. No Owner shall cause an Illicit Discharge to be made to the MS4 whether from a Direct or Indirect Connection.
3. No Direct Connections whether from a New or Existing Source shall be installed after the Effective Date of this By-Law.
4. Direct Connection from an Existing Source shall be allowed to continue after the Effective Date provided that:

(i) Owner must disclose the Direct Connection and must within 30 days of the effective date of this By-Law apply for and thereafter be granted a Direct Connection License, and

(ii) Owner must Discharge only Storm Water which is not Contaminated Water via the Direct Connection.

5. Indirect Connections from Existing Sources shall be allowed provided that:

6. Indirect Connections from New Sources shall be allowed pro-vided that:

V. PENALTIES FOR VIOLATIONS

1. Any person or entity which causes or suffers to occur a Dumping, shall be subject to a fine of up to $100.00 for the first offense; a fine of up to $200.00 for the second offense; and a fine of $300.00 for each offense thereafter.
2. Any Owner who causes or suffers to occur an Illicit Discharge to emanate from his property shall be subject to a fine of up to $100.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the first offense; a fine of up to $200.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the second offense; and, a fine of up to $300.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the third and each subsequent offense thereafter.
3. Any Owner who allows an Illicit Connection to be maintained on his property (whether or not it results in an Illicit Discharge) without applying for and receiving a Direct Connection License from the Town shall be subject to a fine of up to $100.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the first offense; a fine of up to $200.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the second offense; and, a fine of up to $300.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the third and each subsequent offense thereafter.

   In the alternative, to criminal prosecution, the Board of Selectmen may elect to utilize the non-criminal disposition procedure set forth in MGL, c.40, sec. 21D.

   The penalties set out herein may be assessed by the Board of Selectmen and are in addition to and not in substitution for any remedial action the Board of Selectmen may order under the ENFORCEMENT section of this By-Law.

VI. ENFORCEMENT

1. If an Illicit Discharge or a Dumping occurs, the Board of Selectmen shall give or cause to be given written notice directed to the Owner of the parcel from which the Illicit Discharge is emanating and or to any person or entity responsible for a Dumping, ordering an immediate cessation of any act or condition in violation of this By-Law. The Board of Selectmen may then or there-after assess a penalty in accordance with this By-Law.
2. The Board of Selectmen either with such notice or at any reasonable time thereafter may order the Owner or any such person or entity to begin and thereafter diligently prosecute to completion, such remediation efforts as the Selectmen in their reasonable discretion may deem appropriate. In such notice, the Selectmen shall also advise the Owner or such other person or entity of the opportunity to request a hearing before the Board of Selectmen and of the opportunity at the hearing to present evidence to refute such alleged violation or to dispute the reasonableness of any penalty assessed or the reasonableness of the exercise of discretion by the Board in ordering remediation.
3. If the Board of Selectmen determines that the Illicit Discharge resulted from a Direct Connection to the MS4, the Board shall revoke the Owner's Direct Connection License forthwith. After Owner has fully completed all remediation ordered by the Board, Owner may hereafter apply to the Board on the form and utilizing the procedures from time to time prescribed by the Board, for a new Direct Connection License which the Board shall consider in the same manner as any other new application.

VII. APPEALS

A person or Owner aggrieved by a Decision of the Board of Selectmen under this By-law may appeal such decision to the appropriate court of competent jurisdiction.

VIII. SEVERABILITY

If any clause, section, or other part of this By-Law shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this By-Law shall not be affected thereby but shall remain in full force and effect.

IX. EFFECTIVE DATE

This By-Law shall take effect 180 days following its adoption by Town Meeting.

Unanimous

A motion was made to adjourn and duly seconded.
Meeting adjourned 8:00 p.m.

Ronald R. Adams