As used in this article, the following terms shall have the
meanings indicated:
BYLAW
Refers to Chapter
213, Stormwater Management, of the Town of Lynnfield Charter and Bylaws.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States, the Commonwealth, or the Town of Lynnfield.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of stormwater, except as exempted in §
213-8. The term does not include a discharge in compliance with a NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to §
213-8.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
MS4
Municipal storm drainage system or municipal separate storm
sewer system.
MUNICIPAL STORM DRAINAGE SYSTEM (MS4)
The 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 structure that together comprise
the storm drainage system owned or operated by the Town.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth, the federal government, or the Town of Lynnfield
to the extent permitted by law, and any officer, employee, or agent
of such person.
POLLUTANT
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 waters of the commonwealth, or the Town of
Lynnfield. Pollutants shall include, without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Water which, 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.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the commonwealth.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which, because of its quantity, its concentration,
or its 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 or 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
MGL c. 21C and c. 21E, and the regulations at 310 CMR 30.000 and 310
CMR 40.0000.
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 of
any raw material, intermediate product, finished product, by-product
or waste product.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, and groundwater.
WATERS OF THE TOWN OF LYNNFIELD
All waters within the jurisdiction of the Town of Lynnfield,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40, and 310 CMR 10.00 et seq.
This Article
I shall apply to flows entering the municipal storm drainage system.
This Article
I is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to MGL c. 83, §§ 1, 10, and 16, and the regulations of the federal Clean Water Act found at 40 CFR 122.34
The authorized enforcement authority shall administer, implement and enforce this Article
I, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the authorized enforcement authority may be delegated in writing by the authorized enforcement authority to employees or agents of the authorized enforcement authority.
The authorized enforcement authority may promulgate rules and regulations to effectuate the purposes of this Article
I. Failure by the authorized enforcement authority to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Article
I.
The authorized enforcement authority may suspend municipal storm
drainage 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 or welfare or the environment. In the event
any person fails to comply with an emergency suspension order, the
authorized enforcement authority may take all reasonable steps to
prevent or minimize harm to the public health, safety or 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, waters of the commonwealth or the
waters of the Town of Lynnfield, 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 Fire and Police Departments, Board of Health, and the Department
of Public Works. In the event of a release of nonhazardous material,
the reporting person shall notify the authorized enforcement authority
no later than the next business day. The reporting person shall provide
to the authorized enforcement authority 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
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.
The Director of the Department of Public Works or his or her appointed designee shall enforce this Article
I and all regulations, orders, violation notices, and enforcement orders issued thereunder and may pursue all civil and criminal remedies for such violations.
A. Civil relief. If a person violates the provisions of this Article
I, or any regulation, permit, notice, or order issued thereunder, the authorized enforcement authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. Orders.
(1) The authorized enforcement authority may issue a written order to enforce the provisions of this Article
I or the regulations thereunder, which may include:
(a)
Elimination of illicit connections or discharges to the MS4;
(b)
Performance of monitoring, analyses, and reporting;
(c)
That unlawful discharges, practices, or operations shall cease
and desist; and
(d)
Remediation of contamination in connection therewith.
(2) If the authorized enforcement authority 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 may, at its option, undertake such work, and expenses thereof
shall be charged to the violator.
(3) Within 30 days after completion by the Town of 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,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the authorized enforcement authority within 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
30 days following a decision of the authorized enforcement authority
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 MGL c. 59, § 57,
after the 31st day at which the costs first become due.
C. Criminal penalty. Any person who violates any provision of this Article
I, regulation, order or permit issued thereunder shall be punished as set forth in Chapter
58, Penalties and Enforcement. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and adopted by the Town as Chapter
58, §
58-3, of the General Bylaws, in which case the authorized enforcement authority of the Town shall be the enforcing person. The penalty for the first violation shall be a written warning. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100. The penalty for the fourth and subsequent offenses shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 6-12-2021 ATM by Art. 20]
E. Entry to perform duties under this Article
I. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the authorized enforcement authority and its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations thereunder and may make or cause to be made such examinations, surveys or samplings as the authorized enforcement authority deems reasonably necessary.
F. Appeals. The decisions or orders of the authorized enforcement authority
shall be final. Further relief shall be to a court of competent jurisdiction.
G. Remedies not exclusive. The remedies listed in this Article
I are not exclusive of any other remedies available under any applicable federal, state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw 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 bylaw.
As used in this article, the following terms shall have the
meanings indicated:
ABUTTER
The owner(s) of land abutting the activity.
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater in the area.
APPLICANT
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 a stormwater management permit for proposed land
disturbances.
APPLICANT'S TECHNICAL REPRESENTATIVE
A registered professional engineer (P.E.) hired by the applicant
to certify that design and construction are completed in accordance
with the applicable local, state, and federal stormwater requirements.
AUTHORIZED ENFORCEMENT AUTHORITY
The Town's authorized agent to enforce construction and post-construction runoff controls as specified in this Article
II and the stormwater management rules and regulations. The Conservation Commission is designated as the authorized enforcement authority.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
BYLAW
Refers to Chapter
213, Stormwater Management, of the Town of Lynnfield Charter and Bylaws.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
CLEARING
Any activity that removes the vegetative surface cover.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States, the commonwealth, or the Town of Lynnfield.
EROSION
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENT CONTROL PLAN
A document containing narrative, drawings, and details developed
by a registered professional engineer (P.E.) or a certified professional
in erosion and sediment control (CPESC), which includes BMPs or equivalent
measures designed to control surface runoff, erosion and sedimentation
during pre-construction and construction-related land disturbances.
The plan is required as part of the application for a stormwater management
permit.
GRADING
Changing the level or shape of the ground surface.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
LAND DISTURBANCE
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Stormwater Standards as further defined by the Massachusetts
Stormwater Handbook both issued by the Department of Environmental
Protection, and as amended, that coordinate the requirements prescribed
by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56. The
Standards address stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
[Amended 6-12-2021 ATM by Art. 20]
MS4
Municipal storm drainage system or municipal separate storm
sewer system.
MUNICIPAL STORM DRAINAGE SYSTEM (MS4)
The 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 structure that together comprise
the storm drainage system owned or operated by the Town.
NEW DEVELOPMENT
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
[Added 6-12-2021 ATM by Art. 20]
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth, the federal government, or the Town of Lynnfield,
to the extent permitted by law, and any officer, employee, or agent
of such person.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
POLLUTANT
Any element or property of sewage; agricultural, industrial
or commercial waste; runoff; leachate; heated effluent; or other matter
whether originating at a point or non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth
or the Town of Lynnfield. Pollutants shall include, without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of new development.
[Amended 6-12-2021 ATM by Art. 20]
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
SITE
Any lot or parcel of land or area of property where land
disturbances are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STORMWATER
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
STREAM
A body of running water, including brooks, creeks, and other
watercourses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, be naturally obscured, or run beneath a bridge. A stream's
flow may be intermittent (i.e., does not flow throughout the year)
or perennial.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
[Amended 6-12-2021 ATM by Art. 20]
WATERS OF THE TOWN OF LYNNFIELD
All waters within the jurisdiction of the Town of Lynnfield,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
[Amended 6-12-2021 ATM by Art. 20]
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40, and 310 CMR 10.00 et seq.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to MGL c. 83, §§ 1, 10, and 16, and the
regulations of the federal Clean Water Act found at 40 CFR 122.34.
Permits and procedures shall be defined and included as part of any rules and regulations promulgated as permitted in this Article
II.
If any provision, paragraph, sentence, or clause of this Article
II shall be held invalid for any reason, all other provisions shall continue in full force and effect.