The purposes of this chapter are to protect water resources,
prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4), prohibit and remove illicit connections
and unauthorized discharges to the MS4, promote the infiltration and
recharge of groundwater, ensure that soil erosion and sedimentation
control measures and runoff control practices are incorporated into
the site planning and design process and are implemented and maintained,
comply with state and federal statutes and regulations relating to
discharges and establish the legal authority to ensure compliance
with the provisions of this chapter through inspection, monitoring,
and enforcement.
AGRICULTURE
The normal maintenance or improvement of land in agricultural
use, as defined by MGL c. 128, § 1A.
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.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE 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.
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 SEDIMENTATION CONTROL PLAN
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.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal separate storm sewer 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 chapter.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in §
110-4. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to §
110-4A(4), of this chapter.
IMPERVIOUS SURFACE
My material or structure on or above the ground that prevents
water from infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
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 MGL c. 131, § 40, and the Massachusetts Clean
Waters Act MGL c. 21, § 23 through 56. The policy addresses
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
DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying, 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 Blackstone.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
STORMWATER
Snowmelt runoff, surface water runoff and drainage.
STRIP
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
VERNAL POOLS
Temporary bodies of fresh water which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection
Act MGL c. 131, § 40 and in the Town's Wetland Bylaw.
This chapter 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.
This chapter shall apply to:
A. The Town's municipal separate stormwater sewer system as follows:
(1) Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nondischarge into the municipal
separate storm sewer system (MS4), into a watercourse, or into the
waters of the 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 municipal storm drain system. No person shall obstruct
or interfere with the normal flow into or out of the municipal storm
drain system without prior written approval from the Director of Public
Works.
(4) The following nondischarges or flows are exempt from the prohibition
of nondischarges, provided that the source is not a significant contributor
of a pollutant to the municipal storm drain system:
(b)
Flow from potable water sources;
(d)
Natural flow from riparian habitats and wetlands;
(g)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater;
(h)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(i)
Discharge from landscape irrigation or lawn watering;
(j)
Water from individual residential car washing;
(k)
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;
(l)
Discharge from street sweeping;
(m)
Dye testing, provided verbal notification is given to the Director
of Public Works prior to the time of the test;
(n)
Nondischarge permitted under an 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 Massachusetts 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
(o)
Discharge for which advanced written approval is received from
the Director of Public Works as necessary to protect public health,
safety, welfare or the environment.
B. Land disturbance activities as follows:
(1) All activities that result in the disturbance of land whose actual
dimensions of disturbance total 20,000 or more square feet, or are
part of a phased plan that will ultimately result in disturbance of
20,000 or more square feet and that are associated with a building
permit or driveway permit.
(2) Except as authorized by the Planning Board in a land disturbance
permit or as otherwise provided in this chapter, no person shall perform
any activity that results in disturbance of 20,000 square feet or
more of land. Disturbance shall be construed to mean the removal of
vegetation, mineral substances or other natural or man-made materials
that exposes loose soil, making it vulnerable to erosion.
C. The following activities are exempt from the requirement to obtain
a separate land disturbance permit:
(1) Normal maintenance and improvement of land in agricultural use, as
defined by MGL c. 128, § 1A.
(2) Stormwater discharges that demonstrate compliance with the Massachusetts
Stormwater Management Policy resulting from the above activities that
are subject to jurisdiction under:
(a)
The Wetlands Protection Act and an order of conditions issued
by the Conservation Commission;
(b)
A permit from the Board of Health for a new or replacement septic
system or well.
(3) For projects subject to site plan review, a Planning Board special
permit or approval under the Subdivision Control Law, a land disturbance permit shall be reviewed and issued
by the Planning Board simultaneously as part of those other review
and approval processes.
Prior to the start of land disturbance activity, the Planning Board may require the permittee to post a surety bond, irrevocable letter of credit, cash, or other acceptable form of performance security. The form of the security shall be approved by Town Counsel, and shall be in an amount deemed sufficient by the Planning Board to ensure that the work will be completed in accordance with the permit. If the project is phased, the Planning Board may release part of the security as each phase is completed in compliance with the permit, but the security shall not be fully released until the Planning Board has received the final report as required by §
110-10 and issued a certificate of completion.
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) from a professional
engineer (P.E.), surveyor, or certified professional in erosion and
sediment control (CPESC), certifying that all erosion and sediment
control devices, and approved changes and modifications, have been
completed in accordance with the conditions of the approved permit.
Any discrepancies should be noted in the cover letter. Based on the
scale, nature and location of the permitted activity, the Planning
Board may waive the requirement that a final report be submitted by
a professional and may authorize submission of a substitute affidavit
by the owner attesting that the work has been completed in accordance
with the conditions of the permit.
The Planning Board or its designated agent shall issue a letter
certifying completion upon receipt and approval of the final reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this chapter.
If any provision, paragraph, sentence, or clause of this chapter
shall be held invalid or unenforceable for any reason, all other provisions
shall continue in full force and effect.