[HISTORY: Adopted by the Town Meeting 10-15-2012 FATM, Art. 18. Amendments
noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 636.
The purpose of this bylaw is to manage land development in order
to protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures
to:
The following definitions shall apply in the interpretation
and implementation of this bylaw. Additional definitions may be adopted
by separate regulation:
Having a deleterious effect on waters or wetlands, including
their quality, quantity, surface area, species composition, aesthetics
or usefulness for human or natural uses, which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Any activity, which will change the ability of a ground surface
area to absorb water or will change existing surface drainage patterns.
Examples include, but are not limited to, earthmoving, paving, and
modification of existing vegetation.
Structural, non-structural 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 use natural measures to
reduce pollution levels, do not require extensive construction efforts,
and/or promote pollutant reduction by eliminating the pollutant source.
Any site where activity is proposed or occurs that involves
the alteration of more than 10,000 square feet of land.
Land uses with higher potential pollutant loads as defined
in Standard 5 of the Massachusetts Stormwater Handbook, 310 CMR 10.04
and 314 CMR 9.02 to include the following land uses identified in
310 CMR 22.20B(2), 310 CMR 22.20C(2)(a) through (k) and (m), 310 CMR
22.21(2)(a)1. through 8., and 310 CMR 22.21(2)(b)1. through 6.; areas
within a site that are the location of activities that are subject
to an individual National Pollutant Discharge Elimination System (NPDES)
permit or the NPDES Multi-sector General Permit; auto fueling facilities
(gas stations); exterior fleet storage areas; exterior vehicle service
and equipment cleaning areas; marinas and boatyards; parking lots
with high intensity use; confined disposal facilities and disposal
sites.
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.
A document signed by the Town of Webster Planning Board,
which allows the alteration of the land within a hotspot area or construction
site based upon the person's proposed work on a project plan
which was submitted as required by this Stormwater Management Bylaw.
A.
This bylaw is adopted pursuant to the regulations of the Federal
Clean Water Act found at 40 CFR 122.34, and as authorized by the voters
of the Town of Webster at the October 15, 2012 Special Town Meeting
under Article 17. The Planning Board shall administer, implement and
enforce this bylaw. Any powers granted to or duties imposed upon the
Planning Board may be delegated to its designee.
B.
The Planning Board shall adopt, and may periodically amend, rules
and regulations relating to the terms, conditions, definitions, enforcement,
fees (including application, inspection, and/or consultant fees),
fines and penalties, application requirements, procedures and administration
of this Stormwater Management Bylaw, after conducting a public hearing
to receive comments on any proposed rules and regulations. Failure
by the Planning Board to promulgate such rules and regulations, or
a legal declaration of their invalidity by a court, shall not act
to suspend or invalidate the effect of this bylaw.
B.
A Stormwater Management Permit will be required prior to starting
any land disturbance within the person's property for the following:
1)
Construction activities that will result in land disturbances of
10,000 square feet of total area or more, or which is part of a common
plan for development that will disturb 10,000 square feet or more;
2)
Construction activities that will increase the amount of impervious
surface to more than 25% of the lot; or
3)
Any alteration, redevelopment or conversion of land use in a hotspot
area.
The following exemptions from this Stormwater Management Bylaw
apply:
A.
Activities that disturb less than 10,000 square feet of land or less
than 25% of the lot, whichever is less;
B.
Repair or replacement of an existing roof, patio, deck, or walkway
that will not alter existing terrain or drainage patterns;
C.
The construction, reconstruction, or repair of any fence or wall
that will not alter the existing terrain or drainage patterns;
D.
Maintenance of existing landscaping, gardens and lawn areas associated
with a single family dwelling;
E.
Repair or replacement of a sewage disposal system that will not alter
the existing terrain or drainage patterns;
F.
Stormwater discharges resulting from land disturbance activities
that are subject to review under the Massachusetts Stormwater Management
Policy and permitted under an Order of Conditions issued by the Conservation
Commission under the Wetlands Protection Act;
G.
Normal maintenance and improvement of land in agricultural use as
defined by the Wetland Protection Act regulation, 310 CMR 10.04;
H.
Emergency activities necessary to protect public health or safety,
so long as all necessary emergency permits or emergency certifications
have been or will be obtained;
I.
Normal maintenance and improvements of the Town of Webster public
land, ways and appurtenances;
J.
Construction of municipal utilities; and
K.
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule, and public hearing process, shall be defined and included as part of the Regulations promulgated under § 570-3B of this bylaw. At a minimum, the applicant must meet standards 1 through 10 of the Massachusetts Department of Environmental Protection Stormwater Management Standards and Handbook using current best management practices and the following:
A.
The Planning Board shall hold a project review meeting with the applicant
at a regularly scheduled meeting of the Planning Board no later than
45 days from the date of the submission of the Application for Stormwater
Permit.
B.
On receipt and review of a complete application, the Planning Board
may:
1)
Approve the Permit Application and issue a Permit if it finds that
the proposed plan will protect water resources and complies with the
purposes of this Bylaw,
2)
Approve the Permit Application and issue a Permit with conditions,
modifications, or restrictions that the Board determines are required
to ensure that the project will protect water resources and complies
with the purposes of this Bylaw, or
3)
Disapprove the Permit Application and deny the Permit if it finds
that the proposed plan will not protect water resources or fails to
comply with the purposes of this Bylaw.
C.
Failure by the Board to take final action on an application within
60 days following the submittal of a complete application shall be
deemed to be approval of the application, unless this timeframe is
extended by mutual agreement of the Planning Board and applicant.
A.
Enforcement.
1)
This bylaw shall be enforced by the Planning Board or its designee
who may, for these purposes subject to applicable law and regulations;
enter upon the premises where such operations are carried on at all
reasonable times.
B.
Violations and penalties.
1)
Any person, corporation or entity found in violation of any provision
of this bylaw shall be punished by a fine in accordance with the following
schedule of fines, and each day that the violation continues shall
constitute a separate offense:
|
Number of Offense
|
Penalty
| |
|---|---|---|
|
First offense
|
Written notice of violation
| |
|
Second offense
|
$100
| |
|
Third offense and subsequent offenses
|
$200
|
2)
Notice of violations and procedures shall be in accordance with MGL
c. 40, § 21D and Section 85-2 of the Webster General Bylaws
(noncriminal disposition).
The invalidity of any section, provision, paragraph, sentence,
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
The purpose of this bylaw is to regulate discharges to the Municipal
Separate Storm Sewer System ("MS4"), to protect Webster's water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment, by:
a)
Preventing pollutants from entering Webster's MS4;
b)
Prohibiting illicit connections and unauthorized discharges to the
MS4;
c)
Requiring the removal of all such illicit connections;
d)
Establishing the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
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, toilets, or laundry facilities,
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 § 570-12. The term does not include a discharge in compliance with an NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from firefighting activities exempted pursuant to § 570-12 of this bylaw.
Any material or structure on or above the ground that prevents
water infiltrating from the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
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 Webster.
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.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
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 Webster's MS4 or waters of the Commonwealth.
Pollutants shall include, but not be limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous 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, silt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Water that during manufacturing or processing comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A permit issued by the Massachusetts Department of Environmental
Protection ("MassDEP") pursuant to 314 CMR 3.00 that authorize the
discharge of pollutants to 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, coastal waters,
and groundwater.
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.
This bylaw is adopted pursuant to the federal Clean Water Act
(33 U.S.C. 1251 & seq.), and as authorized by the voters of the
Town of Webster at the October 15, 2012 Special Town Meeting under
Article 17. The Webster Department of Public Works ("DPW") shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the DPW may be delegated in writing by the DPW to employees
or agents of the DPW.
This bylaw shall apply to all flows entering the MS4 of the
Town of Webster. The following discharges are exempt from this Chapter
provided that the source is not a significant contributor of a pollutant
to the MS4:
1)
Water line flushing;
2)
Landscape irrigation;
3)
Diverted stream flows;
4)
Rising ground waters,
5)
Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005[20]);
6)
Uncontaminated pumped ground water;
7)
Discharge from potable water sources;
8)
Foundation drains;
9)
Air conditioning condensation;
10)
Irrigation water, springs;
11)
Water from crawl space pumps;
12)
Footing drains;
13)
Lawn watering;
14)
Individual resident car washing;
15)
Flows from riparian habitats and wetlands;
16)
Dechlorinated swimming pool discharges;
17)
Street wash water and residential building wash waters, without detergents;
18)
Discharges or flows from firefighting activities;
19)
Dye testing, provided verbal notification is given to the DPW prior
to the time of the test;
20)
Non-stormwater discharges 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, and
21)
Discharges for which advanced written approval is received from the
DPW if necessary to protect public health, safety, welfare or the
environment.
The DPW may promulgate rules and regulations to effectuate the
purposes of this bylaw. Failure by the DPW to promulgate such rules
and regulations shall not have the effect of suspending or invalidating
this bylaw.
A.
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged a pollutant or non-stormwater discharge into Webster's MS4 or into waters of the Commonwealth, except as allowed under § 570-12 of this bylaw.
B.
Illicit connections. No person shall construct, use, allow, maintain
or continue an illicit connection to an MS4, regardless of whether
the connection was permissible under applicable law, regulation or
custom at the time of connection.
C.
Obstruction of storm drain systems. No person shall obstruct or interfere
with the normal flow of stormwater into or out of an MS4 without prior
approval from the DPW or its designee.
The DPW may suspend the access to the MS4 to any person or property
without prior written notice when such suspension is necessary to
stop an actual or threatened discharge of pollutants that presents
imminent risk of harm to the public health, safety, or the environment.
The DPW may establish or require the installation of monitoring
equipment as necessary to conduct monitoring and/or sampling of stormwater
discharge from a facility that has stormwater discharges associated
with industrial activity, construction activity or suspected illicit
discharge. Said equipment shall be maintained at all times in a safe
and proper operating condition by the facility owner at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
by the facility owner to ensure their accuracy.
Notwithstanding any other requirements of local, state or federal
law, as soon as a property owner, resident or person responsible for
a facility or operation, or responsible for emergency response for
a facility or operation has information of a known or suspected release
of materials at that facility or operation, which is resulting or
may result in illicit discharge of pollutants, that person shall take
the necessary steps to ensure containment and cleanup of the release.
In the event that a release enters the MS4 or Waters of the Commonwealth
in Webster, the person shall immediately notify the Webster DPW. Written
confirmation of telephone, facsimile or in-person notifications shall
be provided to the DPW or its designee within three business days
thereafter. If the discharge of prohibited materials is from a commercial
or industrial facility, the facility owner or operator shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained by said facility
owner or operator for at least three years.
1)
The Director of the DPW or appointed designee is responsible for
enforcing this bylaw and may, as an alternative to seeking a criminal
penalty for violation of this bylaw, use noncriminal disposition consistent
with the requirements of MGL c. 40, § 21D, and § 85-2
of the Webster General Bylaws.
2)
The Penalty for each violation of this stormwater management portion
of the bylaw and the rules and regulations adopted hereunder shall
be two hundred dollars ($200) and each day or part thereof shall constitute
a separate violation. The Director of the DPW or appointed designee
may give the offender a written notice on the first offense.
3)
The DPW, in addition to assessing penalties, may enforce the provisions
of this bylaw by seeking injunctive relief if it determines that the
health, safety or welfare of any resident or member of the public
or that the well-being of the community is or will be endangered by
the violation(s).
4)
To the extent permitted by law, or if authorized by the owner or
other person in control of the property, the DPW or its designee may
enter onto any property to determine if an activity on such property
is in violation of this bylaw or rules and regulations.
5)
For cause shown, the DPW may suspend or terminate a person's
connection to the MS4 for a violation of this bylaw.
6)
Notice of the intent to suspend or terminate a person's connection
to the MS4 shall be given in writing to the owner of the property
and to the person in control of the property, if different, by delivering
to the owner at the address listed for taxation purposes in the Assessor's
Office, and to the person in control of the property by delivering
notice to the property. A copy of the notice of hearing shall be mailed
to said addresses by certified mail and by first class mail, postage
prepaid, at least 14 days before said hearing.
7)
Said notice shall contain the:
a)
Name and address of the owner of the property;
b)
The name and address of the person in control of the property (if
known) if different than the owner;
c)
The action contemplated;
d)
Statement of violations believed to exist; and
e)
A statement that the owner and person in control of the property
or their representatives may present evidence regarding alleged violations.
8)
If the DPW or its designee determines in writing that the public
health, safety or welfare requires immediate action, it may suspend
or terminate MS4 service immediately. However, in such a case, notice
as set forth above shall be delivered and mailed to the owner and
person in control of the property, if different, informing them that
they have 15 days from the date of the suspension or termination to
appeal said action of the DPW.
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.
Property owners shall have six months from the effective date
of the bylaw to comply with its provisions, unless good cause is shown
for the failure to comply with the bylaw during that period.
