The purpose of these rules and regulations is to establish stormwater
management rules and regulations for the Town of Falmouth.
The Falmouth Select Board, under the authority of the Falmouth Home Rule Charter §
C3-7, Subsection
H, of the Code of the Town of Falmouth, and after holding a duly called public hearing on August 9, 2021, August 30, 2021, and September 27, 2021, adopts these Stormwater Management Rules and Regulations.
For the purposes of these rules and regulations, the following
shall mean:
ABUTTER
The owner(s) of land abutting the site on which the activity
occurs.
AGRICULTURAL USE
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and its implementing regulations.
APPLICANT
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a stormwater management permit
for proposed land-disturbance activity.
ASSESSOR
Town of Falmouth Assessor's office and/or Director of
Assessing.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps reduce the quantity or improve the quality of stormwater
runoff.
CERTIFICATE OF COMPLETION
Document issued by the Department of Public Works upon receipt
of a final inspection report and acknowledgement that all conditions
of the stormwater management permit have been satisfactorily completed.
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.
CERTIFIED VERNAL POOLS
Temporary bodies of freshwater that provide critical habitat
for a number of vertebrate and invertebrate wildlife species, certified
by the Massachusetts Natural Heritage and Endangered Species Program
(NHESP).
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
CLEARING
Any activity that removes vegetative surface cover.
CONSTRUCTION WASTE AND MATERIALS
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
DISCHARGE OF POLLUTANTS
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 of Massachusetts from any source.
DISTURBANCE OF LAND
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
ENFORCEMENT ORDER
A written order issued by the Department of Public Works
or reviewing agent to enforce the provisions of these rules and regulations.
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 CPESC, which includes
BMPs or equivalent measures designed to control surface runoff, erosion,
and sedimentation during preconstruction and construction-related
land disturbance activities.
ESTIMATED HABITAT OF RARE WILDLIFE
Habitats delineated by the NHESP for state-protected rare
wildlife and certified vernal pools for use with the Wetlands Protection
Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (304 CMR 11.00).
GRADING
Changing the level or shape of the ground surface.
GROUNDWATER
Water beneath the surface of the ground, including confined
or unconfined aquifers.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain 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 these rules and regulations.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
277-13 of Article
II of these rules and regulations. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to §
277-13 of Article
II of these rules and regulations.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
or delays water from infiltrating the underlying soil, or causes water
to runoff in greater quantities or at an increased rate of flow. Impervious
surfaces include, but are not limited to, roads, driveways, parking
lots, sidewalks, rooftops, patios, storage areas, concrete or asphalt
paving, and gravel/dense-graded crushed stone areas.
LOW-IMPACT DEVELOPMENT (LID)
An approach to land development design and stormwater management
that attempts to mimic the natural hydrology of the site by avoiding,
reducing, and mitigating impacts with natural, nonstructural and structural
measures.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
MGL c. 131A and its implementing regulations at 321 CMR 10.00.
This Act prohibits the taking of any rare plant or animal species
listed as "endangered," "threatened," or of "special concern."
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS (THE STANDARDS)
The Stormwater Management Standards promulgated by the Massachusetts
Department of Environmental Protection (DEP) under the authority of
the Massachusetts Wetlands Protection Act MGL c. 131, § 40
and Massachusetts Clean Waters Act MGL c. 21, §§ 23
through 56, and further described in the Wetlands Protection Act Regulations
(310 CMR 10.00) and the 401 Water Quality Certification Regulations
(314 CMR 9.00). The Stormwater Management Standards address stormwater
impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and to control the
quantity of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
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 of Falmouth.
NEW DEVELOPMENT
Any construction, land alteration, or addition of impervious
surfaces on previously undeveloped sites resulting in total disturbance
of land equal to or greater than one (1) acre [or activities that
are part of a larger common plan of development disturbing greater
than one (1) acre] that does not meet the definition of "redevelopment."
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 ensure that it continues to function as designed.
OUTFALL
The point where stormwater flows out from a point source
which is a discernible, confined and discrete conveyance into waters
of the Commonwealth of Massachusetts.
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 of Massachusetts or the federal government, 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 stormwater is 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 nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth
of Massachusetts. Pollutants shall include, but are not limited to:
A.
Chemicals, 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, ordinances, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes, sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
I.
Rock, sand, salt, and soils;
L.
Construction wastes, demolition debris, and discarded building
materials; and/or
M.
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.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through soil.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites. Any construction, land alteration,
or improvement of impervious surfaces resulting in total disturbance
of land equal to or greater than one (1) acre [or activities that
are part of a larger common plan of redevelopment disturbing greater
than one (1) acre] that does not meet the definition of "new development."
REVIEWING AGENT
The Department of Public Works or person designated by the
Department of Public Works as responsible for enforcing these rules
and regulations.
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, parcel of land, or area of property where land-disturbing
activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or minimize erosion.
STORMWATER
Stormwater, snowmelt, and surface water runoff and drainage.
STORMWATER MANAGEMENT PERMIT
The written approval granted by the Department of Public
Works to undertake a construction activity pursuant to a stormwater
management permit application.
STRIP
Any activity that removes the vegetative ground surface cover,
including tree removal, clearing, grubbing, and storage or removal
of topsoil.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material, which 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 or organic chemical, petroleum product,
heavy metal, radioactive, biological, or infectious waste, acid and
alkali, and any substance defined as "toxic" or "hazardous" under
MGL c. 21C and 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-man 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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
WETLAND RESOURCE AREAS
Areas specified in the Massachusetts Wetlands Protection
Act Regulations, 310 CMR 10.00, as amended, and in the Town of Falmouth
Wetland Bylaw, as amended.
The Select Board may adopt, and periodically amend, these Stormwater
Management Rules and Regulations by majority vote of the Select Board,
after conducting a minimum of one (1) advertised public hearing to
receive comments on any proposed revisions. The hearings shall be
duly advertised in a paper of general circulation in the Town of Falmouth
no less than fourteen (14) days prior to the date of the public hearing.
To the extent permitted by Massachusetts law, or if authorized
by the owner or other party in control of the property, the Town of
Falmouth, its agents, officers, and employees may enter upon privately
owned property for the purpose of performing their duties and may
make or cause to be made such examinations, surveys, or sampling as
the Department of Public Works or reviewing agent deems reasonably
necessary.
The remedies listed in these rules and regulations are not exclusive
of any other remedies available under any applicable federal, state
or local law.
If any provision, paragraph, sentence, or clause of these rules
and regulations shall be held invalid for any reason, all other provisions
shall continue in full force and effect.