Town of North Reading, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the October Town Meeting of the Town of North Reading 10-16-2006 by Art. 3, approved 2-13-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 62.
Soil removal — See Ch. 152.
Wetlands — See Ch. 196.
Zoning — See Ch. 200.
A. 
Increased and contaminated storm water runoff is a major cause of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding.
B. 
Regulation of illicit connections and discharges to the municipal storm drainage system is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.
C. 
The objectives of Chapter 156, Article I are:
(1) 
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4);
(2) 
To prohibit illicit connections and unauthorized discharges to the MS4;
(3) 
To require the removal of all such illicit connections;
(4) 
To comply with state and federal statutes and regulations relating to storm water discharges; and
(5) 
To establish the legal authority to ensure compliance with the provisions of Chapter 156, Article I through inspection, monitoring, and enforcement.
AUTHORIZED ENFORCEMENT AGENCY — The Director of the Department of Public Works, its employees, officers, or agents are designated to enforce Article I Non-Storm Water Discharges.
BYLAW
Refers to Chapter 156, Storm Water Management Bylaw of the "Bylaws of the Town of North Reading."
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 or Commonwealth of Massachusetts from any source.
GROUNDWATER
Water beneath the surface of the ground.
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 storm water, except as exempted in § 156-8. The term does not include a discharge in compliance with a NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 156-8.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAINAGE SYSTEM
The system of conveyances designed or used for collecting or conveying storm water, 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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT
A permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.
NON-STORM WATER DISCHARGE
Discharge to the municipal storm drainage system not composed entirely of storm water.
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.
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 without limitation:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Non-hazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock, sand, salt, soils;
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.
STORM WATER
Storm water 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 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 organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as toxic or hazardous under G.L. Ch. 21C and Ch. 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, byproduct 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 OF MASSACHUSETTS
All waters within the jurisdiction of the Commonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, costal waters, and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes, swamps, and bogs, as defined and determined pursuant to G.L. c. 131, § 40 and 310 CMR 10.00 et seq.
Chapter 156, Article I shall apply to flows entering the municipal storm drainage system.
Chapter 156, 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 G.L. c. 83, §§ 1, 10, and 16, as amended by St. 2004, c. 149, §§ 135-140, and the regulations of the federal Clean Water Act found at 40 CFR 122.34
The Authorized Enforcement Agency shall administer, implement and enforce Chapter 156, Article I, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the Authorized Enforcement Agency may be delegated in writing by the Authorized Enforcement Agency to employees or agents of the Authorized Enforcement Agency.
The Authorized Enforcement Agency may promulgate rules and regulations to effectuate the purposes of Chapter 156, Article I. Failure by the Authorized Enforcement Agency to promulgate such rules and regulations shall not have the effect of suspending or invalidating Chapter 156, Article I.
A. 
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-storm water discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the Commonwealth of Massachusetts.
B. 
Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drainage system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
C. 
Obstruction of municipal storm drainage system. No person shall obstruct or interfere with the normal flow of storm water into or out of the municipal storm drainage system without prior written approval from the Authorized Enforcement Agency.
A. 
Discharge or flow resulting from fire fighting activities.
B. 
The following non-storm water discharges or flows are exempt from the prohibition of non-storm waters provided that the source is not a significant contributor of a pollutant to the municipal storm drainage system:
(1) 
Waterline flushing;
(2) 
Flow from potable water sources;
(3) 
Springs;
(4) 
Natural flow from riparian habitats and wetlands;
(5) 
Diverted stream flow;
(6) 
Rising groundwater;
(7) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(8) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation;
(9) 
Discharge from landscape irrigation or lawn watering;
(10) 
Water from individual residential car washing;
(11) 
Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;
(12) 
Discharge from street sweeping;
(13) 
Dye testing, provided verbal notification is given to the Authorized Enforcement Agency prior to the time of the test;
(14) 
Non-storm water discharge permitted under a NPDES permit or a Surface Water Discharge Permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
(15) 
Discharge for which advanced written approval is received from the Authorized Enforcement Agency as necessary to protect public health, safety, welfare or the environment.
The Authorized Enforcement Agency 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, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the Authorized Enforcement Agency may take all reasonable steps to prevent or minimize harm to the public health, safety, 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 or waters of the Commonwealth of Massachusetts, 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 non-hazardous material, the reporting person shall notify the Authorized Enforcement Agency no later than the next business day. The reporting person shall provide to the Authorized Enforcement Agency 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 of the facility 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 appointed designee shall enforce Chapter 156, Article I, regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of Chapter 156, Article I, regulations, permit, notice, or order issued there under, the Authorized Enforcement Agency 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 Agency or an authorized agent of the Authorized Enforcement Agency may issue a written order to enforce the provisions of Chapter 156, Article I or the regulations there under, 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 Agency 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 thirty (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 Agency within thirty (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 thirty (30) days following a decision of the Authorized Enforcement Agency 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 G.L. Ch. 59, 57 after the thirty-first day at which the costs first become due.
C. 
Criminal penalty. Any person who violates any provision of Chapter 156, Article I, regulation, order or permit issued there under, shall be punished by a fine of not more than $200. 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 G.L. Ch. 40, § 21D and adopted by the Town as a general bylaw[1] in which case the Authorized Enforcement Agency of the Town shall be the enforcing person. The penalty for the 1st violation shall be a written warning. The penalty for the 2nd violation shall be $50. The penalty for the 3rd violation shall be shall be $100. The penalty for the 4th and subsequent offenses shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[1]
Editor's Note: See Ch. 1, General Provisions, § 1-5B, Noncriminal disposition.
E. 
Entry to perform duties under Chapter 156, 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 Agency, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Authorized Enforcement Agency deems reasonably necessary.
F. 
Appeals. The decisions or orders of the Authorized Enforcement Agency shall be final. Further relief shall be to a court of competent jurisdiction.
G. 
Remedies not exclusive. The remedies listed in Chapter 156, 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.
Residential property owners shall have 90 days from the effective date of Chapter 156, Article I of this bylaw to comply with its provisions provided good cause is shown for the failure to comply with Chapter 156, Article I during that period.
A. 
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated storm water runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater. In addition, land disturbances can cause harmful impacts due to:
(1) 
Soil erosion and sedimentation.
(2) 
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater.
(3) 
Contamination of drinking water supplies.
(4) 
Erosion of stream channels.
(5) 
Alteration or destruction of aquatic and wildlife habitat.
(6) 
Flooding.
(7) 
Overloading or clogging of municipal catch basins and municipal storm drainage systems.
B. 
Therefore, Chapter 156, Article II establishes storm water management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts offsite and downstream which would be born by abutters, townspeople, and the general public. In addition, Chapter 156, Article II establishes storm water management standards for land disturbances that have harmful impacts of soil erosion and sedimentation.
C. 
The objectives of Chapter 156, Article II are:
(1) 
To require practices to control the flow of storm water from new and redeveloped sites into the municipal storm drainage system in order to prevent flooding and erosion.
(2) 
To protect groundwater and surface water from degradation.
(3) 
To promote groundwater recharge and infiltration.
(4) 
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4.
(5) 
To ensure adequate long-term operation and maintenance of structural storm water best management practices (BMPs) so that they work as designed.
(6) 
To require practices that eliminate soil erosion and sedimentation and control the volume and rate of storm water runoff resulting from land disturbances.
(7) 
To ensure that soil erosion and sediment control measures and storm water runoff control practices are incorporated into the site planning and design process and are implemented and maintained.
(8) 
To require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
(9) 
To comply with state and federal statutes and regulations relating to storm water discharges.
(10) 
To establish the Town's legal authority to ensure compliance with the provisions of Chapter 156, Article II through inspection, monitoring, and enforcement.
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 on the area.
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 Storm Water 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 storm water requirements.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of storm water runoff.
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 or Commonwealth of Massachusetts from any source.
ENFORCEMENT OFFICER
Town's authorized agent to enforce construction and post construction runoff controls as specified in Chapter 156, Article II and the Storm Water Management Rules and Regulations. The Building Inspector is designated as the Enforcement Officer.
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 Storm Water 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 roof tops.
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 POLICY
The policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21, § 23-56. The policy addresses storm water impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM DRAINAGE SYSTEM
The system of conveyances designed or used for collecting or conveying storm water, 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.
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial, and organizational mechanisms for the ongoing operation and maintenance of a storm water 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 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 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 nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth of Massachusetts. Pollutants shall include without limitation:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Non-hazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock, sand, salt, soils;
J. 
Construction wastes and residues; and
K. 
Noxious or offensive matter of any kind.
PRE-CONSTRUCTION
All activity in preparation for construction.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.
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.
SEDIMENTATION
The process or act of deposition of sediment.
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.
STORM WATER
Storm water runoff, snowmelt runoff, and surface water runoff and drainage.
STORM WATER MANAGEMENT PLAN
A plan required as part of the application for a Storm Water Management Permit.
STORM WATER UTILITY
A special assessment district set up to generate funding specifically for storm water management. Users within the district pay a storm water fee and the revenue generated directly supports operation, maintenance, and upgrade of existing storm drain systems; development of drainage plans, flood control measures, and water-quality programs; administrative costs; and construction of capital improvement projects.
STREAM
A body of running water, including brooks, creeks, and other water courses, which moves in a definite channel in the ground due to a hydraulic gradient. A portion of a stream may flow through a culvert, is naturally obscured, or beneath a bridge. A stream's flow may be intermittent (i.e., does not flow throughout the year), or perennial.
WATERS OF THE COMMONWEALTH OF MASSACHUSETTS
All waters within the jurisdiction of the Commonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, costal waters, and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes, swamps, and bogs, as defined and determined pursuant to G.L. 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 G.L. c. 83, §§ 1, 10, and 16, as amended by St. 2004, c. 149, §§ 135-140, and the regulations of the federal Clean Water Act found at 40 CFR 122.34.
A. 
No person may undertake a construction activity, including clearing, grading, and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land draining to the Town MS4 without a Storm Water Management Permit from the Enforcement Officer. After the initial common plan construction activity is completed for a particular parcel, any subsequent development or redevelopment of that parcel would be regarded as a new plan of development. For example, after a house is built and occupied, any future construction on that lot (e.g., reconstructing after fire, adding a pool or parking area, etc.), would stand alone as a new common plan for purposes of calculating acreage disturbed to determine if a Storm Water Management Permit is required. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or the original purpose of the site.
B. 
Exemptions.
(1) 
Construction activities waived from permit coverage under the NPDES General Permit for Storm Water Discharges from Construction Activities.
(2) 
Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(3) 
Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling;
(4) 
The construction of fencing that will not substantially alter existing terrain or drainage patterns;
(5) 
Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;
(6) 
As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in § 156-17B that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with Chapter 156, Article II.
(7) 
Emergency work to protect life, limb, or property.
A. 
The Enforcement Officer, shall administer, implement, and enforce Chapter 156, Article II. Any powers granted to or duties imposed upon the Enforcement Officer may be delegated in writing by the Enforcement Officer to its employees and agents.
B. 
Rules and regulations. The Enforcement Officer may adopt, and periodically amend, rules and regulations relating to the procedures and administration of Chapter 156, Article II after public notice and public hearing. Failure by the Enforcement Officer to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of Chapter 156, Article II.
C. 
Storm Water Utility. The Select Board may adopt, through rules and regulations authorized by this Storm Water Management Bylaw, a Storm Water Utility pursuant to MGL c. 83, § 16 MGL and c. 40, § 1A. The Select Board shall administer, implement and enforce this Utility. Failure by the Select Board to promulgate such a Storm Water Utility through rules and regulations or a legal declaration of its invalidity by a court shall not act to suspend or invalidate the effect of this Bylaw.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
Permits and procedures shall be defined and included as part of any rules and regulations promulgated as permitted in § 156-18B.
Fee structure. The Enforcement Officer shall obtain with each submission an application and review fee fixed by the Enforcement Officer to cover expenses connected with the application review of the Storm Water Management Permit. Authority for the Enforcement Officer is granted pursuant to MGL c. 40, § 22F and adopted by the Town as part of a general bylaw.[1] The applicant must hire a registered professional engineer (P.E.) to certify that the plans are in accordance with the Town's standards. The Enforcement Officer is authorized to retain professional consultation from applicable Town departments to advise the Enforcement Officer on any or all aspects of these plans.
[1]
Editor's Note: See Chapter 500, Acts Accepted By Town, MGL c. 40, § 22F.
A. 
The Enforcement Officer may waive strict compliance with any requirement of Chapter 156, Article II or the rules and regulations promulgated hereunder, where:
(1) 
Such action is allowed by federal, state and local statutes and/or regulations,
(2) 
Is in the public interest, and
(3) 
Is not inconsistent with the purpose and intent of Chapter 156, Article II.
B. 
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of Chapter 156, Article II does not further the purposes or objectives of Chapter 156, Article II.
C. 
All waiver requests shall be reviewed by the Enforcement Officer and if necessary, discussed with other Town departments.
D. 
If in the Enforcement Officer's opinion, additional time or information is required for review of a waiver request, the Enforcement Officer may continue a hearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.
A. 
The Enforcement Officer or an authorized agent of the Enforcement Officer shall enforce Chapter 156, Article II, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violation.
B. 
Orders.
(1) 
The Enforcement Officer or an authorized agent of the Enforcement Officer may issue a written order to enforce the provisions of Chapter 156, Article II or the regulations there under, which may include requirements to:
(a) 
Cease and desist from construction or land disturbance until there is compliance with Chapter 156, Article II, and an approved Storm Water Management Permit, including the storm water management plan and the erosion and sediment control plan;
(b) 
Repair, maintain; or replace the storm water management system or portions thereof in accordance with the operation and maintenance plan;
(c) 
Perform monitoring, analyses, and reporting; and
(d) 
Remediate adverse impact resulting directly or indirectly from malfunction of the storm water management system.
(2) 
If the enforcing person determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed by the violator or property owner. 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 the property owner shall reimburse the Town's expenses.
(3) 
Within thirty (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 shall 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 Enforcement Officer within thirty (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 thirty (30) days following a decision of the Enforcement Officer 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 thirty-first day at which the costs first become due.
C. 
Criminal penalty. Any person who violates any provision of Chapter 156, Article II, or regulation, order or permit issued there under, shall be punished by a fine of not more than $200. 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 a general bylaw[1] in which case the Enforcement Officer of the Town shall be the enforcing person. The penalty for the 1st violation shall be a written warning. The penalty for the 2nd violation shall be $50. The penalty for the 3rd violation shall be shall be $100. The penalty for the 4th and subsequent offenses shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[1]
Editor's Note: See Ch. 1, General Provisions, § 1-5B, Noncriminal disposition.
E. 
Appeals. The decisions or orders of the Enforcement Officer shall be final. Further relief shall be to a court of competent jurisdiction.
F. 
Remedies not exclusive. The remedies listed in Chapter 156, Article II are not exclusive of any other remedies available under any applicable federal, state, or local law.
If any provision, paragraph, sentence, or clause of Chapter 156, Article II shall be held invalid for any reason, all other provisions shall continue in full force and effect.