Document RpEY706L36ONRYknKZ4Mrr92z

Dated via electronic signature By Certified Mail - Return Receipt Required and Email (alevine@townofhatfield.org) ORDER FOR COMPLIANCE Andrew Levine Town Administrator Hatfield Memorial Town Hall 59 Main Street Hatfield, MA 01038-9702 Re: Order for Compliance under Section 309 of the Clean Water Act, In the Matter of the Town of Hatfield, Massachusetts (MAG580015) Docket No. CWA-AO-R01-FY25-46 Dear Mr. Levine: The 2016 National Pollutant Discharge Elimination System ("NPDES") General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (as modified) ("2016 MS4 Permit" or "Permit") requires communities to develop or modify, as appropriate, a postconstruction stormwater management ordinance, by-law, or other regulatory mechanism that contains provisions that are at least as stringent as the requirements set out in Part 2.3.6.a.ii of the Permit within three (3) years of its effective date (i.e., by July 1, 2021).1 The goal of the Permit's postconstruction stormwater management program is to reduce the discharge of pollutants found in stormwater through the retention or treatment of stormwater after construction on new or redeveloped sites. A post-construction stormwater management regulatory mechanism is a foundational element of such a program. The Permit requires annual reporting to EPA, including information on the development and implementation of an adequate post-construction stormwater management regulatory mechanism. Information submitted by the Town of Hatfield (Town) in their Year 5 and Year 6 Annual Reports indicates that the Town has not met the Permit's requirements. EPA and the Town held a conference 1 The Massachusetts Stormwater Handbook and Stormwater Standards (https://www.mass.gov/guides/massachusettshttps://www.mass.gov/guides/massachusetts-stormwater-handbook-andstormwater-standardsstormwater-handbook-and-stormwater-standards) do not meet the requirements of the 2016 MS4 Permit as set out at Part 2.3.6.a.ii, including, but not limited to, Parts 2.3.6.a.ii.3 and 2.3.6.a.ii.4. call on January 22, 2025, to discuss the Town's compliance issues. In subsequent correspondence with the EPA, the Town stated, in pertinent part, that: "Our priority will be to draft, finalize, and pass the Post Construction Bylaw and Regulations, and we can commit to completing this by January 31st, 2026." EPA has determined that the Town's existing regulations do not meet the post-construction stormwater management requirements set out in Part 2.3.6.a.ii of the Permit, including, but not limited to, Parts 2.3.6.a.ii.3 and 2.3.6.a.ii.4. Under Section 309(a)(3) of the Clean Water Act ("Act"), the Administrator of the U.S. Environmental Protection Agency ("EPA") has the authority to issue orders requiring persons to comply with Sections 301 and 308 of the Act and any permit condition or limitation implementing any NPDES permit. This authority has been delegated to the Director of the Enforcement and Compliance Assurance Division ("Director") in EPA Region 1. Pursuant to Section 309(a)(5)(A) of the Act, 33 U.S.C. 1319(a)(5)(A), the Order below sets forth a schedule for compliance that I have determined to be reasonable. The Town is hereby ordered, pursuant to Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), as follows: By February 2, 2026, the Town shall enact a post-construction stormwater management ordinance, by-law, or other regulatory mechanism that contains provisions that are at least as stringent as the requirements set out in Part 2.3.6.a.ii of the Permit. Within 7 days of the effective date of the Town's post-construction stormwater management ordinance, by-law, or other regulatory mechanism, notify Tom Calautti, EPA Region 1, at Calautti.Thomas@epa.gov, that such ordinance, by-law, or regulatory authority has become effective and provide a copy of such regulatory mechanism to Mr. Calautti at the email address provided above. This Order does not constitute a waiver or a modification of the terms and conditions of the Permit, which remain in full force and effect. Also, this Order only addresses the specific violations described above. Please review your obligations under the Permit and address any additional outstanding obligations as soon as possible. EPA reserves the right to seek any remedies available under Section 309 of the Act, 33 U.S.C. 1319 for any violation cited in this Order. The Town may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. This Order shall become effective upon receipt by the Town. As the Town undertakes efforts to comply with this Order, it may find the model post-construction stormwater management ordinances available at https://www.epa.gov/npdes-permits/stormwatertools-new-england#pcsm to be helpful. We are also available to answer any questions that you have related to these matters. 2 If you have any questions regarding your obligations under this Order or the Permit, please contact Thomas Calautti, EPA Region 1 at 617-918-1685 or at calautti.thomas@epa.gov. Please refer legal questions to Joshua Secunda, Senior Enforcement Counsel, EPA Region 1, at 617-918-1736 or at secunda.josh@epa.gov. Sincerely, JAMES CHOW Digitally signed by JAMES CHOW Date: 2025.04.07 12:24:26 -04'00' James Chow, Director Enforcement and Compliance Assurance Division cc: (via email) Anthony Lastowski, Water Superintendent, Town of Hatfield Newton Tedder, Manager, Water Compliance Section 1, EPA Region 1 Kevin Pechulis, Senior Enforcement Counsel, EPA Region 1 Joshua Secunda, Senior Enforcement Counsel, EPA Region 1 David Boyer, MassDEP Hem Pokharel, MassDEP 3