[HISTORY: Adopted by the Town of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-2007 STM by Art. 5]
A.
The Town of Lancaster hereby determines that:
(1)
Land development projects and other land use conversions,
and their associated changes to land cover, permanently alter the
hydrologic response of local watersheds and increase stormwater runoff
rates and volumes, which in turn have led to increased flooding, stream
channel erosion, and sediment transport and deposition, and decreased
groundwater recharge.
(2)
As the area of house and building roofs, parking lots
and road surfaces increase, the rate of stormwater runoff from these
surfaces increases, along with the preponderance of greater flooding.
Unregulated stormwater runoff from historic development has led to
the flooding we see today.
(3)
Land development projects and other land use conversions
also contribute to increased nonpoint source pollution and degradation
of receiving waters.
(4)
The impacts of post-development stormwater runoff
quantity and quality can adversely affect public safety, public and
private property, drinking water supplies, groundwater resources,
recreation, aquatic habitats, fish and other aquatic life, property
values and other uses of lands and waters.
(5)
These adverse impacts can be controlled and minimized
through the regulation of stormwater runoff quantity and quality from
new development and redevelopment, by the use of both structural and
nonstructural best management practices.
(6)
Localities in the Commonwealth of Massachusetts are
required to comply with a number of both state and federal laws, regulations
and permits which require a locality to address the impacts of post-development
stormwater runoff quality and nonpoint source pollution.
(7)
The United States Environmental Protection Agency
has determined that it is in the public interest to regulate post-development
stormwater runoff discharges in order to control and minimize increases
in stormwater runoff rates and volumes, flooding, post-construction
soil erosion and sedimentation, stream channel erosion, and nonpoint
source pollution associated with post-development stormwater runoff.
B.
Therefore, the Town of Lancaster has established this
Stormwater Management Bylaw to provide reasonable guidance for the
regulation of post-development stormwater runoff for the purpose of
protecting local water resources from degradation. This bylaw regulates
the post-construction stormwater controls for both new and redevelopment
projects.
A.
The purpose of the bylaw is to protect, maintain and
enhance the public health, safety, environment and general welfare
by establishing minimum requirements and procedures to control the
adverse effects of increased post-development stormwater runoff, flooding
and nonpoint source pollution associated with new development and
redevelopment and to comply with Phase II NPDES stormwater requirements.
It has been determined that proper management of post-development
stormwater runoff will minimize flood damage to the public and private
property and infrastructure, safeguard the public health, safety,
environment and general welfare of the public, protect water and aquatic
resources, and promote groundwater recharge to protect surface and
groundwater drinking supplies.
B.
The objectives of this bylaw are:
(1)
Establish decisionmaking processes surrounding land
development activities that protect the integrity of the watershed
and preserve the health of water resources;
(2)
Require that new development, redevelopment and all
land conversion activities result in after-development runoff characteristics
that are equal to or less than the predevelopment runoff characteristics
in order to reduce flooding, stream bank erosion, siltation, nonpoint
source pollution, property damage, and to maintain the integrity of
stream channels and aquatic habitats;
(3)
Establish minimum post-development stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality; establish minimum design criteria for
the protection of properties and aquatic resources downstream from
land development and land conversion activities from damages due to
increases in volume, velocity, frequency, duration, and peak flow
rate of stormwater runoff; and establish minimum design criteria for
measures to minimize nonpoint source pollution from stormwater runoff
which would otherwise degrade water quality;
(4)
Establish design and application criteria for the
construction and use of structural stormwater control facilities that
can be used to meet the minimum post-development stormwater management
standards;
(5)
Encourage the use of nonstructural stormwater management
measures and better site design practices or "low-impact development
practices," such as reducing impervious cover and the preservation
of green space and other natural areas, to the maximum extent practicable;
and coordinate site design plans, including green space, with the
Town of Lancaster's design guidelines;
(6)
Establish provisions for the long-term responsibility
for and maintenance of structural stormwater control facilities and
nonstructural stormwater management practices to ensure that they
continue to function as designed, are maintained, and post no threat
to public safety;
(7)
Establish provisions to ensure there is an adequate
funding mechanism, including financial security or surety, for the
proper review, inspection and long-term maintenance of stormwater
facilities implemented under this bylaw;
(8)
Establish administrative procedures and fees for the
submission, review, approval or disapproval of stormwater management
plans, the inspection of approved active development projects, and
for long-term follow-up inspection to ensure ongoing care of approved
facilities.
(9)
Establish the Town of Lancaster's legal authority
to ensure compliance with the provisions of this bylaw through inspection,
monitoring and enforcement.
C.
Nothing in the bylaw is intended to replace the requirements of Chapter 215, Wetlands Protection, of the Code of the Town of Lancaster or any other bylaw or regulations that may be adopted by the Town of Lancaster, or any state or federal requirement, law, regulation or policy. Any activity subject to the provisions of this bylaw must comply with the requirements of all other applicable laws and regulations.
The definitions contained herein apply to issuance
of a stormwater management permit (SMP) established by the Town of
Lancaster Stormwater Management Bylaw. Terms not defined in this section
shall be construed according to their customary and usual meaning
unless the context indicates a special or technical meaning.
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage patterns. Alteration may be similarly represented as "alteration
of drainage characteristics" and "conducting land disturbance activities."
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" shall refer to a property owner or agent of a
property owner who has filed a stormwater management plan.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce increases in stormwater volumes and flows, reduce point
source and nonpoint source pollution, and promote stormwater quality
and protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs are natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
A building shall refer to any structure, either temporary
or permanent, having walls and a roof, designed for the shelter of
any person, animal or property, and occupying more than 100 square
feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and as it is amended from time to time.
Any activity that removes the vegetative surface cover. Clearing
activities generally include grubbing activity as defined below.
The temporary storage of storm runoff in a stormwater management
facility, with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
A person who undertakes land disturbance activities.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the storm drain or into waters of the United States
or commonwealth from any source.
Any action, including clearing and grubbing, that causes
a change in the position, location, or arrangement of soil, sand,
rock, gravel or similar earth material.
Any channel that conveys surface runoff throughout the site.
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.
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbance activities.
A measure that prevents erosion.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
Any material or structure on or above the ground that prevents
water infiltration to the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, rooftops,
compacted soils, hard-packed gravel driveways and similar surfaces.
The process of percolating stormwater into the subsoil.
Any activity which changes the volume or peak flow discharge
rate of rainfall from the land surface. This may include the grading,
digging, cutting, scraping, or excavating of soil, placement of fill
materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
property rights in the land.
An approach to environmentally friendly land use planning.
It includes a suite of landscaping and design techniques designed
to maintain the natural, predeveloped ability of a site to manage
rainfall. LID techniques capture water on site, filter it through
vegetation, and allow seeping into the ground rather than being lost
as surface runoff so that the local water table can recharge. An important
LID principle embodies the concept that rainwater is a resource and
not merely a superfluous waste product.
The policy issued by the Department of Environmental Protection,
as amended, that coordinates 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 to 56. The policy addresses
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.
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 Lancaster.
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and human-made pollutants, finally
depositing them into water resource areas.
Discharge to the storm drain not comprised entirely of stormwater.
A plan describing 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.
The point at which stormwater flows out from a discernible,
confined point source or discrete conveyance into waters of the commonwealth.
An individual, partnership, association, firm, company, rust,
corporation, agency, authority, department or political subdivision
of the commonwealth or federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
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.
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.
Pollutants shall include, without limitation:
Paints, varnishes and solvents;
Oil, antifreeze and other automotive fluids;
Nonhazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes, sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to conditions after
culmination of a new development or redevelopment project and does
not depict conditions during the construction phases of a project.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Stormwater
Authority. Where phased development or phased plan approval occurs
(preliminary grading, roads, utilities, etc.), the existing conditions
at the time prior to the first plan submission shall establish predevelopment
conditions.
The replenishment of underground water reserves.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
Measures that prevent eroded sediment from leaving the site
or entering off-site drainage structures.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The use, singly or in combination, of mechanical, structural
or vegetative methods to prevent or retard erosion.
The first land-disturbing activity associated with a development,
including but not limited to, land preparation such as clearing, grading
and filling; installation of streets and walkways; excavation for
basements, footings, piers or foundations; erection of temporary forms;
and installation of accessory buildings such as garages.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
An order issues which requires that all construction activity
on a site will be stopped.
The Stormwater Authority for Town of Lancaster shall be the
Planning Board or its authorized agent(s). The Stormwater Authority
is responsible for coordinating the review, approval and permit process
as defined in this bylaw. Boards and/or departments may participate
in the review process as defined in this bylaw or the Stormwater Regulations
adopted by the Planning Board of the Town of Lancaster. The Conservation
Agent and the Building Commissioner are authorized to act as agents
of the Planning Board in enforcing this bylaw.
A permit issued by the Stormwater Authority, after review
of an application, plans, calculations and other supporting documents,
that is designed to protect the Town from deleterious effects of uncontrolled
or untreated stormwater runoff.
A document containing narrative, drawings and details prepared
by a qualified professional engineer (PE), a professional public land
surveyor (PLS), or a certified professional in erosion and sedimentation
control (CPESC), that includes structural and nonstructural best management
practices (BMPs) to manage and treat stormwater runoff generated from
regulated development activity. A stormwater management plan also
includes an operation and maintenance plan describing maintenance
requirements for structural BMPs.
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.
Any body of water, including but not limited to, lakes, ponds,
rivers and streams.
[1]
Editor's Note: See MGL c. 131, § 40.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rules statutes, and pursuant to the regulations of the Federal
Clean Water Act found at 40 CFR 122.34, and as authorized by the residents
of the Town of Lancaster at Town Meeting, dated October 15, 2007.
No person shall undertake a regulated construction
activity, as described below, without a stormwater management permit
from the Planning Board.
A.
Regulated activities shall include any of the following:
(1)
Land disturbance of greater than one acre (43,560
square feet), associated with construction or reconstruction of structures.
(2)
Development or redevelopment involving multiple, separate
activities in discontinuous locations or on different schedules if
the activities are part of a larger common plan of development that
together disturbs one acre or more.
(3)
Paving or other change in surface material over an
area of one acre or more causing a significant reduction of permeability
or increase in runoff.
(4)
Construction of a new drainage system or alteration
of an existing drainage system or conveyance serving a drainage area
of more than one acre.
(5)
Any other activity altering the surface of an area
exceeding one acre that will, or may, result in increased stormwater
runoff flowing from the property into a public way, the municipal
storm drain system, or to a watercourse or wetland. An exception is
the removal of tree cover when the stumps are left in place.
B.
Exempt activities:
(2)
Normal maintenance of existing landscaping, gardens
or lawn areas associated with a single-family dwelling, provided such
maintenance does not include the addition of more than 30 cubic yards
of soil material, construction of walls, alteration of existing grades
by more than one foot in elevation, or alteration of drainage patterns.
(3)
The construction of fencing, irrespective of materials
used, that will not alter existing terrain or drainage patterns.
(4)
Construction, maintenance and operation of utilities
(gas, water, sewer, electric, telephone, etc.) other than drainage
that will not alter terrain or drainage patterns.
(5)
Those activities that are subject to the jurisdiction
under the Wetlands Protection Act and demonstrate compliance with
the Massachusetts Stormwater Management Policy as reflected in an
order of conditions issued by the Lancaster Conservation Commission,
are exempt from compliance of this bylaw.
(6)
Agriculture, horticulture, floriculture and viticulture
exempted from prohibition by MGL c. 40A, § 3, on parcels
of property of five acres in size and larger.
The Lancaster Planning Board shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Planning Board may be delegated in writing by the
Planning Board to its employees or agents (who may include the Conservation
Agent and the Building Commissioner).
A.
The Lancaster Planning Board may adopt and periodically
amend stormwater rules and regulations relating to receipt and content
of stormwater management applications, review time periods, permit
terms, conditions, additional definitions, enforcement, fees (including
application, inspection, and/or consultant fees), procedures, administration
and enforcement of this bylaw subsequent to a majority vote of a meeting
of the Planning Board and after conducting a public hearing to receive
comments on the proposed regulations and/or any proposed revisions.
Such hearing dates shall be advertised in a newspaper of general local
circulation at least seven calendar days before a hearing date.
B.
Failure by the Planning Board to promulgate such rules
and regulations shall not have the effect of suspending or invalidating
this bylaw.
Permit procedures and requirements shall be defined and included as part of any rules and regulations promulgated as permitted under § 170-7 of this bylaw.
A.
Filing an application for a stormwater management
permit grants the Planning Board, or its agent, permission to enter
the site of the land-disturbing activity, as permitted by law, to
verify the information in the application and to inspect for compliance
with permit conditions.
B.
The Planning Board, in its discretion, may conduct
an inspection at any stage of land-disturbing activity to ensure compliance
with the terms of this bylaw and any permit. The Planning Board also
may require the applicant to submit self-inspection reports at any
stage of development or post-development. The Planning Board may inspect
sites before construction, weekly during construction, and within
24 hours of a rainstorm of two inches or greater.
A.
The Planning Board by regulation shall promulgate
an application fee schedule for stormwater management permit applications
and completion certificates. The fee schedule shall be reasonably
related to the costs of processing, reviewing and acting upon the
application, including review of the application by a professional
engineer or other consultant retained by the Board to advise it on
technical, legal, economic, or other aspects of the proposed work.
The fee specified in such a fee schedule shall be made payable to
the Town of Lancaster and shall accompany the permit application or
request for certificate of completion. The Planning Board may require
an additional fee for review of any change in or alteration from an
approved permit.
B.
Said fee shall be paid into a revolving account set
up by the Town Treasurer and may be expended by the Planning Board
for the purpose allocated without further appropriation in accordance
with the provisions of MGL c. 44, § 53E 1/2.
A.
The Planning Board may waive strict compliance with
any requirement of this bylaw or the rules and regulations promulgated
hereunder, where such action:
B.
Any applicant may submit a written request to be granted
such a waiver. Such a waiver request shall be accompanied by an explanation
or documentation supporting the waiver request and demonstrating that
strict application of this bylaw does not further the purposes or
objectives of this bylaw.
C.
All waiver requests shall be discussed by the Planning
Board and a decision will be made by the Planning Board within 30
days of receiving the waiver request.
D.
If, in the Planning Board's opinion, additional time
or information is required for review of a waiver request, the Planning
Board may continue consideration of the waiver request to a date certain
announced at the meeting. In the event the applicant objects to a
continuance, or fails to provide the requested information, the waiver
request shall be denied.
The Planning Board, or an authorized agent of
the Planning Board, shall enforce this bylaw, its 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 this bylaw, regulations, permit, notice or order issued thereunder,
the Planning Board 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 Planning Board, or its authorized agent, may issue
a written order to enforce the provisions of this bylaw, or the regulations
thereof, which may include:
(a)
A requirement to cease and desist from the land-disturbing
activity until there is compliance with the bylaw or provisions of
the stormwater management permit;
(b)
Maintenance, installation or performance of
additional erosion and sediment control measures;
(c)
Monitoring, analyses, and reporting;
(d)
Remediation of erosion and sedimentation resulting
directly or indirectly from the land-disturbing activity;
(e)
Compliance with the stormwater management plan
and permit;
(f)
Repair, maintenance or replacement of the stormwater
management system or portions thereof in accordance with the operation
and maintenance plan.
(g)
Remediation of adverse impact resulting directly
or indirectly from malfunction of the stormwater management system.
(2)
If the enforcing person determines that abatement
or remediation of erosion and sedimentation is required, the order
shall set forth a deadline by which such abatement or remediation
must be completed.
C.
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than the amount set forth in Chapter 1, General Provisions, Article II, Fines, of the Code of the Town of Lancaster. Each day or part thereunder 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, which has been adopted by the Town in the Code of the Town of Lancaster Chapter 1, Article I, Noncriminal Disposition, in which case the Planning Board or authorized agent shall be the enforcing person. The penalty for each violation shall be fines in the amounts set forth in Chapter 1, General Provisions, Article II, Fines, of the Town Code. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-5-2008 ATM by Art. 13]
E.
Appeals. The decision or orders of the Planning Board
shall be final. Further relief shall be to a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The Planning Board, within its available resources,
shall provide education programs on soil erosion, sediment control
and stormwater management to the general public and persons regulated
by this bylaw. The Planning Board shall provide guidelines and advice
to ease the permit application process and foster acceptance of good
erosion control and stormwater management practices.
If any provision, paragraph, sentence, or clause
of this bylaw is held invalid for any reason by a court of competent
jurisdiction, all other provisions shall continue in full force and
effect.
This bylaw shall take effect upon approval of
the Attorney General, and after the bylaw has been posted, in accordance
with MGL c. 40, § 32.
[Adopted 10-15-2007 STM by Art. 6]
A.
The purpose of this bylaw is to eliminate nonstormwater
discharges to the Town of Lancaster's municipal storm drain system.
Nonstormwater discharges contain contaminants and supply additional
flows to the Town's storm drain system. Nonstormwater discharges are
major causes of:
B.
Regulation of illicit connections and discharges to
the municipal storm drain system is necessary for the protection of
the Town's natural resources, municipal facilities, general public
health and safety, and the environment.
C.
The objects of this bylaw are:
(1)
To prevent pollutants from entering the municipal
storm drain system;
(2)
To prohibit illicit connections and unauthorized discharges
to the storm drain system;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations
relating to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring and
enforcement.
The definitions contained herein apply to the
administration and enforcement of this Illicit Discharge Bylaw. Terms
not defined in this section shall be construed according to their
customary and usual meaning unless the context indicates a special
or technical meaning.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and as it is amended from time to time.
The temporary storage of storm runoff in a stormwater management
facility, with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into waters
of the United States or commonwealth from any source.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
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 this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 170-19 of this Lancaster Illicit Discharge Bylaw. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from fire fighting activities that are exempted.
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 Lancaster.
Discharge to the storm drain not comprised entirely of stormwater.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the commonwealth or federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
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.
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.
Pollutants shall include, without limitation:
Paints, varnishes and solvents;
Oil, antifreeze and other automotive fluids;
Nonhazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes, sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
Any body of water, including but not limited to, lakes, ponds,
rivers and streams.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to the regulations of the Federal
Clean Water Act found at 40 CFR 122.34 and as authorized by the residents
of the Town of Lancaster at Town Meeting, dated October 15, 2007.
A.
Prohibited activities shall include, but not be limited
to:
(1)
Illicit discharges. No person shall dump, discharge,
cause or allow to be discharged any pollutant or nonstormwater discharge
into the municipal storm drain system, into a watercourse, or into
waters of the United States and/or commonwealth.
(2)
Illicit connections. No person shall construct, use,
allow, maintain or continue any illicit connection to the municipal
storm drain system, regardless of whether the connection was permissible
under applicable law, regulation or custom at the time of connection.
(3)
Obstruction of the municipal storm drain system. No
person shall obstruct or interfere with the normal flow of stormwater
into or out of the municipal storm drain system without prior approval
from the Stormwater Authority.
B.
Exempt activities. The following nonstormwater discharges
or flows are considered exempt from the prohibition of nonstormwater
discharges, provided that the source is not a significant contributor
of pollution to the municipal storm drain 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; also water from sump pumps
and other pumps that remove uncontaminated floodwaters from basements
(NOTE: Sump pumps that connect to the municipal storm drain system
must file an application with the Board of Public Works);
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Water from individual residences used for washing
walkways, patios, house siding, windows, or similar house-related
activities;
(12)
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;
(13)
Dye testing, providing verbal notification is
given to the Board of Public Works prior to the time of the test;
(14)
Nonstormwater discharge permitted under an NPDES
permit, waiver, or waste discharge order administered under the authority
of the United States Environmental Protection Agency, provided that
the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations;
(15)
Discharge for which advanced written approval
is received from the Stormwater Authority as necessary to protect
public health, safety, welfare and the environment;
(16)
Discharge resulting from municipal street sweeping
activities; and
(17)
Any other source of nonstormwater discharges
or flows that has applied for, and received, a written determination
from the Board of Public Works that the source is not likely to be
a significant contributor of pollution to the municipal storm drain
system.
The Lancaster Board of Public Works shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Board of Public Works may be delegated in writing
by the Board of Public Works to its employees or agents.
The Board of Public Works may adopt and periodically
amend regulations relating to additional definitions, enforcement,
fees (including inspections, costs of chemical and/or biological analyses,
and/or consultant fees), procedures, administration and enforcement
of this bylaw subsequent to a majority vote of a meeting of the Board
of Public Works and after conducting a public hearing to receive comments
on the proposed regulations and/or any proposed revisions. Such hearing
dates shall be advertised in a newspaper of general local circulation
at least seven calendar days before a hearing date. After public notice
and hearing, the Board of Public Works may promulgate rules and regulations
to effectuate the purposes of this bylaw. Failure by the Board of
Public Works to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
The Board of Public Works may suspend municipal
storm drain 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 public
health, safety, welfare or the environment. In the event any person
fails to comply with an emergency suspension order, the Authority
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
A.
Any spills or releases that require notification under
local, state or federal law will be the responsibility of the person
responsible for a facility or operation, or for an emergency response
for a facility or operation (i.e., construction). In the event of
a spill or release which may result in a discharge of pollutants or
nonstormwater discharge to the municipal storm drain system, waters
of the United States and/or waters of the commonwealth, the responsible
parties, potentially responsible parties or any person or persons
managing a site or facility shall take all necessary steps to ensure
containment, and remediate any municipal storm drains that have been
impacted. However, if in the opinion of the Board of Public Works
there is an excessive amount of pollutants in the storm drain system,
the Authority can require remediation by the responsible party, regardless
of other state or federal regulations.
B.
In the event of a release of oil or hazardous materials,
the person shall immediately notify the Municipal Fire and Police
Departments and the Department of Public Works. In the event of a
release of nonhazardous material, the reporting person shall notify
the Board of Public Works no later than the next business day. The
reporting person shall provide the Board of Public Works 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 Board of Public Works, or an authorized
agent of the Board of Public Works, shall enforce this bylaw, its
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 this bylaw, regulations, permit, notice or order issued thereunder,
the Board of Public Works 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 Board of Public Works, or an authorized agent
of the Board of Public Works, may issue a written order to enforce
the provisions of this bylaw, which may include:
(2)
If the enforcing person determines that abatement
or remediation of contaminations is required and is the responsibility
of the property owner, the order shall set forth a deadline by which
such abatement or remediation must be completed.
C.
Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than the amount set forth in Chapter 1, General Provisions, Article II, Fines, of the Code of the Town of Lancaster. Each day or part thereunder 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, which has been adopted by the Town in the Code of the Town of Lancaster Chapter 1, Article I, Noncriminal Disposition, in which case the Board of Public Works or authorized agent shall be the enforcing person. The penalty for each violation shall be fines in the amounts set forth in Chapter 1, General Provisions, Article II, Fines, of the Town Code. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 5-5-2008 ATM by Art. 13]
E.
Entry to perform duties under this bylaw. To the extent
permitted by state law, or if authorized by the owner or other party
in control of the property, the Board of Public Works, 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 Board of Public
Works deems reasonably necessary.
F.
Appeals. The decision or orders of the Board of Public
Works shall be final. Further relief shall be to a court of competent
jurisdiction.
G.
Remedies not exclusive. The remedies listed are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The Board of Public Works, within its available
resources, shall provide educational programs on illicit discharge
to the municipal storm drain system to the general public and persons
regulated by this bylaw.
If any provision, paragraph, sentence, or clause
of this bylaw is held invalid for any reason by a court of competent
jurisdiction, all other provisions shall continue in full force and
effect.
Residential property owners shall have 60 days
from the effective date of the bylaw to comply with its provisions
provided good cause is shown for the failure to comply with the bylaw
during that period.
This bylaw shall take effect upon approval of
the Attorney General, and after the bylaw has been posted, in accordance
with MGL c. 40, § 32.
