[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 37 of the Town Bylaws]
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution and MGL c. 43B, § 13. The Select Board is delegated hereby the responsibility and authority to enforce and administer this bylaw. The Select Board may appoint the Town Engineer or Assistant Town Engineer or such other Town employee as the Select Board may from time to time determine and designate in a writing to aid the Select Board in the enforcement and/or administration of this bylaw.
In partial fulfillment of the obligations of the Town under
the Clean Water Act (33 U.S.C. § 1251 et seq.) (the "Act")
and under the Town's National Pollutant Discharge Elimination System
Stormwater Permit, the Town hereby establishes a comprehensive and
fair system of regulation of discharges to the Town's municipal separate
storm sewer system (sometimes referred to herein as the "MS4").
The purpose and intent of this bylaw is to:
A.
Protect the waters of the U.S., as defined in the Act and its implementing
regulations, from uncontrolled discharges of stormwater or discharges
of contaminated water which have a negative impact on the receiving
waters by changing the physical, biological and chemical composition
of those waters, resulting in an unhealthy environment for aquatic
organisms, wildlife and people; and
B.
Reduce discharges of contaminated water into the MS4 and resultant
discharges from the MS4 into waters of the U.S. and improve surface
water quality; and
C.
Permit and manage reasonable access to the MS4 to facilitate proper
drainage; and
D.
Assure that the Town can continue to fairly and responsibly protect
the public health, safety and welfare.
As used in this bylaw, the following terms shall have the meanings
indicated:
The Select Board and, to the extent delegated and designated,
the Town Engineer or Assistant Town Engineer or such other Town employee
as delegated and designated by the Select Board.
Water that contains higher levels of pollutants, including,
without limitation implied, heavy metals, toxins, oil and grease,
solvents, nutrients, viruses and bacteria, than permitted in waters
of the U.S. by the Act and its implementing regulations.
Any discernible, confined and discrete conveyance, including
but not limited to any pipe, drain, channel, conduit, tunnel, or swale,
whether above ground or below ground, which directs water into the
MS4.
A license granted by the Town for the continued maintenance
by an owner of a direct connection to the MS4.
Any non-naturally occurring addition of water or of stormwater
to the MS4.
An act or omission of any person or entity, the proximate
result of which is the introduction of a pollutant into the MS4.
Discharges from the following sources unless in any instance
such discharge would result in exceeding the requirements of 314 CMR
4.00, Massachusetts Surface Water Quality Standards:
Water line flushing.
Landscape irrigation.
Diverted stream flows.
Rising groundwater.
Pumped groundwater.
Discharges from potable water sources.
Foundation drains.
Air conditioning condensation.
Irrigation water.
Springs.
Water from crawl space pumps.
Footing drains.
Lawn watering.
Individual residential car washing.
Flows from riparian habitats and wetlands.
Dechlorinated swimming pool discharges (e.g., where the discharge
contains less than one ppm of chlorine).
Street wash water.
Rain run-off from roofs.
Any building, structure, facility or installation from which
there is a flow of stormwater or exempted discharge, the construction
of which building, structure, facility or installation occurred prior
to the promulgation of this bylaw.
Any drain, conduit, or other conveyance, whether on the surface
or subsurface, which allows an illicit discharge to enter the MS4.
Any discharge into the MS4 of contaminated water, any discharge
of stormwater from a direct connection for which a direct connection
license is not in force and effect, any discharge which is not an
exempted discharge, or any discharge from an indirect connection not
in compliance with this bylaw.
The natural drainage of stormwater over or under the surface
of the ground (whether instigated by human endeavor or not) via gravity
into the MS4.
The stormwater collection system which is made up of open
watercourses, swales, ditches, culverts, canals, streams, catch basins
and pipes through which the stormwater flows and the Town public ways
over which it flows which are owned and operated by the Town for the
purpose of collecting or conveying stormwater to a discharge point.
Any building, structure, facility or installation from which
there is or may be a discharge of stormwater, the construction of
which building, structure, facility or installation commenced after
adoption of this bylaw.
The National Pollution Discharge Elimination System Permit
issued by the federal Environmental Protection Agency to the Town.
The owner of a parcel of land recorded in the Assessor's
Office of the Town.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rocks, sand, animal or agricultural waste, oil, grease, gasoline or
diesel fuel.
Any road (including such appurtenances as berms, curbs, drains,
catch basins, sewers, water mains, sidewalks and paved and unpaved
shoulders within the paper layout) to which the public has access
and that the Town is responsible for maintaining.
Rainfall that exceeds the soil's capacity contemporaneously
to absorb it and which, instead, runs across the surface of the ground
as run-off.
A.
No person or entity shall do or suffer to be done any dumping into
the MS4, including, without limitation implied, the placing or emptying
into any catch basin or other portal to the MS4 of any pollutant.
B.
No owner shall cause an illicit discharge to be made to the MS4 whether
from a direct or indirect connection.
C.
No direct connections, whether from a new or existing source, shall
be installed after the effective date of this bylaw.
D.
Direct connections from an existing source shall be allowed to continue
after the effective date, provided that:
E.
Indirect connections from existing sources shall be allowed, provided
that:
A.
Any person or entity who or which causes or suffers to occur a dumping
shall be subject to a fine of $100.
B.
Any owner who causes or suffers to occur an illicit discharge to
emanate from his property shall be subject to a fine of $100 per day
for each day that the illicit discharge continues after notice thereof
is given by or at the direction of the Select Board. This fine may
be waived by the Select Board members to allow time for compliance.
C.
Any owner who allows a direct connection to be maintained on his
property (whether or not it results in an illicit discharge) without
applying for and receiving a direct connection license from the Town
shall be subject to a fine of $100 per day for each day that the unlicensed
direct connection continues after the deadline set for abatement by
the Select Board.
A.
Violations of § 230-5 of this bylaw may, without limitation, be disposed of through the noncriminal procedure specified in MGL c. 40, § 21D.
B.
If an illicit discharge or a dumping occurs or an illicit connection
is maintained, the Board shall give or cause to be given written notice
directed to the owner of the parcel from which the illicit discharge
is emanating, or on which the illicit connection is maintained, ordering
an immediate cessation of any act or condition in violation of this
bylaw.
C.
The Board, either with such notice or at any reasonable time thereafter,
may order the owner or any other person or entity responsible for
violating this bylaw to begin and thereafter diligently prosecute
to completion such remediation efforts as the Board in its reasonable
discretion may deem appropriate.
D.
If the Board determines that the illicit discharge resulted from
a direct connection to the MS4, the Board shall revoke the owner's
direct connection license forthwith. After the owner has fully completed
all remediation ordered by the Board, the owner may thereafter apply
to the Board on the form included herein as Exhibit A, and utilizing
the procedures from time to time prescribed by the Board, for a new
direct connection license, which the Board shall consider in the same
manner as any other new application. A direct connection license form
is included herein as Exhibit B. The forms set forth in Exhibits A
and B are intended to serve as examples and may be changed from time
to time at the discretion of the Board.[1]
[1]
Editor's Note: Exhibits A and B are on file in the Town offices.
A.
Any person or owner aggrieved by an action of the Board which was
neither (i) the assessment of a penalty for which the provisions of
MGL c. 40, § 21D apply, nor (ii) an action taken by the
Board at a meeting of which the aggrieved person or owner was given
notice and was afforded the opportunity to present evidence and argument
with a view to causing the Board to modify its earlier action (such
action being a "final action") shall, within 30 days of such Board
action, request a hearing before the Board at which the aggrieved
person or owner may present evidence and argument concerning final
action by the Board. The Board shall hold such hearing within 30 days
following said request and within 30 days thereafter shall either
confirm the Board's previous action or order such other final action
as it may determine.
B.
A person or owner aggrieved by a decision of the Select Board under
this bylaw may appeal such decision to the appropriate court of competent
jurisdiction.
If any clause, section, or other part of this bylaw shall be
held invalid or unconstitutional by any court of competent jurisdiction,
the remainder of this bylaw shall not be affected thereby but shall
remain in full force and effect.
This bylaw shall take effect upon approval by the Office of
the Attorney General and as otherwise required by MGL c. 40, § 32.
[Adopted as Art. 38 of the Town Bylaws]
This bylaw is adopted in accordance with the authority granted, inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution and MGL c. 43B, § 13. The Select Board is delegated hereby the responsibility and authority to enforce and administer this bylaw. The Select Board may appoint the Stormwater Manager or such other municipal employees as the Select Board may from time to time determine and designate, in a writing, to aid the Select Board in the enforcement and administration of this bylaw.
In partial fulfillment of the obligations of the Town under
the Clean Water Act (33 U.S.C. § 1251 et seq.) (the "CWA")
and under the Town's National Pollutant Discharge Elimination System
General Permit, the Town hereby establishes a comprehensive and fair
system of regulation of stormwater discharges generated as a result
of construction activity.
The purpose and intent of this bylaw is to:
A.
Prevent pollutants caused by stormwater discharges from a construction
site from entering waters of the U.S.
B.
Minimize erosion and sedimentation generated by construction activity
with the goal of removing 80% of the average annual load of total
suspended solids in stormwater discharged from a construction site.
C.
Minimize the volume of stormwater discharged from a construction
site with the goal that the post-development peak discharge rate of
stormwater does not exceed the pre-development peak discharge rate.
D.
Ensure that stormwater management measures are built as outlined
in the stormwater pollution prevention plan.
E.
Ensure that stormwater management measures are continually maintained
as outlined in the stormwater pollution prevention plan.
As used in this bylaw, the following terms shall have the meanings
indicated:
The normal maintenance or improvement of land in agricultural
or aquacultural use as defined by the Massachusetts Wetlands Protect
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00).
That person who owns the land at the time of the application
for a stormwater permit and his successors and assigns. An operator
may apply on behalf of the owner if such authorization is in writing
and is submitted with the application.
The Select Board of the Town of Sharon has authority to exercise
the powers granted by this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
discharges.
A certificate issued by the awarding authority indicating
that final site stabilization has occurred, been inspected and approved
by a representative of the awarding authority, and as-built plans
have been filed with the awarding authority.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel or similar earth material for the purpose
of building roads, parking lots, residences, commercial buildings,
office buildings, industrial buildings or demolitions.
The plot of land located within the Town on which the construction
activity will occur.
Any activity such as clearing, grading and excavating that
exposes soil, sand, rock, gravel or similar earth material.
The wearing of the land surface by natural or artificial
forces such as wind, water, ice, gravity or vehicular traffic and
the subsequent detachment and transportation of soil particles from
their origin to another location.
That all construction activity at the site has been completed
and a uniform perennial vegetative cover percentage as required by
zoning regulations[1] and native background vegetative cover for the area have
been established on all unpaved areas and areas not covered by permanent
structures or equivalent permanent stabilization measures.
A contiguous land area under one ownership on which multiple
separate and distinct construction activities are occurring under
one development plan.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) owned or operated by the
Town designed and used for collecting or conveying stormwater to an
outfall.
National Pollution Discharge Elimination System Construction
General Permit issued by the Environmental Protection Agency to the
applicant.
The party associated with the construction activity that
meets either of the following two criteria:
The party who has operational control over construction plans
and specifications, including the ability to make modifications to
those plans and specifications; or
The party who has day-to-day operational control of those activities
at a project which are necessary to ensure compliance with a stormwater
pollution prevention plan for the site or other permit conditions.
A point source at which a municipal separate storm sewer
system discharges to waters of the U.S.
The owner of the land on which construction activity is proposed
who has applied for and received a stormwater permit from the awarding
authority.
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.
Includes without limitation the following: dredged spoil,
solid waste, incinerator residue, filter backwash, sewage, garbage,
sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rocks, sand, animal
or agricultural waste, oil, grease, gasoline or diesel fuel.
The process or act of depositing mineral or organic soil
material in stormwater as a result of erosion.
Rainfall and snow melt that exceeds the soil's capacity contemporaneously
to absorb it and which, instead, runs across the surface of the ground
as run-off.
Stormwater that runs off from the construction site into
the MS4 or otherwise into waters of the U.S.
Infrastructure improvements that are constructed or installed
during construction activity to prevent pollutants from entering stormwater
discharges or to reduce the quantity of stormwater discharges that
will occur after construction activity has been completed. Examples
include, but are not limited to: on-site filtration, flow attenuation
by vegetation or natural depressions, outfall velocity dissipation
devices, retention structures and artificial wetlands, and water quality
detention structures.
The Town Engineer or Assistant Town Engineer will serve in
this capacity.
The permit issued by the awarding authority to the applicant
which allows construction activity to occur as outlined by the applicant
in its application and stormwater pollution prevention plan.
That plan required of all applicants in which they outline
the erosion and sedimentation BMPs they will use, the BMPs they will
use to control wastes generated on the construction site, the stormwater
management measures they will construct and their plan for long-term
maintenance of these measures.
These include:
All waters that are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters that are subject to the ebb and flow of the tide;
All interstate waters, including interstate wetlands;
All other waters such as interstate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or natural ponds, the use, degradation,
or destruction of which would affect or could affect interstate or
foreign commerce, including any such waters:
All impoundments of waters otherwise defined as waters of the
United States under this definition;
The territorial sea; and
A.
No construction activity which disturbs one acre or more of total
land area, including smaller areas that are part of a larger common
plan of development or sale, shall take place until a stormwater permit
has been obtained from the awarding authority. Normal maintenance
and improvement of land in agricultural or aquacultural use as defined
by the Massachusetts Wetlands Protection Act and its implementing
regulations are exempt from this prohibition. The stormwater permit
does not exclude the requirement of filing a construction general
permit with the Environmental Protection Agency.
B.
No stormwater discharges containing pollutants are permitted.
C.
Sources of nonstormwater may be combined with stormwater discharges
as long as they do not contain pollutants.
Applicant must sign and file an application for a stormwater
permit on the form provided by the Town. The application should be
submitted to the stormwater manager and to be deemed complete must
be accompanied by:
A.
An application fee of $500 for an individual residential housing
lot application. An application fee of $1,000 is required for any
stormwater permit application for a commercial project, residential
subdivision or any development exceeding one acre of disturbance and
not a single residence on an individual lot.
B.
Identification of the construction site by book, page, and plot number
in the records of the Assessor's Office.
C.
A narrative description of the construction activity intended, the
proposed use of any improvements to be constructed and the construction
timetable.
D.
A site plan.
E.
A list of abutters certified by the Assessor's Office, including
addresses.
F.
A stormwater pollution prevention plan.
The site plan that is submitted must contain at least the following
information. Planning Board plan regulations must also be met for
subdivision applications and Zoning Board regulations must also be
met for site plan reviews.[1]
A.
Names, addresses and telephone numbers of the person(s) or firm(s)
preparing the plan.
B.
Title, date, North arrow, scale, legend and locus map.
C.
Location and description of natural features, including watercourses
and water bodies, wetland resource areas and all floodplain information,
including the one-hundred-year flood elevation based upon the most
recent Flood Insurance Rate Map (or as calculated by a professional
engineer for areas not assessed on those maps) located on or adjacent
to the construction site.
D.
A description and delineation of existing stormwater conveyances
and impoundments located on the construction site, with their point
of discharge noted.
E.
Location and description of existing soils and vegetation, including
tree lines, shrub layer, ground cover and herbaceous vegetation and
trees with a caliper 12 inches or larger, with run-off coefficient
for each.
F.
Habitats mapped by the Massachusetts Natural Heritage and Endangered
Species Program as "endangered," "threatened" or "of special concern,"
estimated habitats of rare wildlife and certified vernal pools, and
priority habitats of rare species located on or adjacent to the construction
site.
G.
Lines of existing abutting streets showing drainage and driveway
locations and curb cuts.
H.
Surveyed property lines of the construction site showing distances
and monument locations, all existing and proposed easements, rights-of-way,
and other encumbrances, the size of the entire construction site and
the delineation and number of square feet of the land area that is
to be disturbed.
I.
Proposed improvements, including location of buildings or other structures
and impervious surfaces (such as parking lots).
J.
Topographical features, including existing and proposed contours
at intervals of no greater than two feet with spot elevations provided
when needed.
K.
The existing site hydrology, including drainage patterns and approximate
slopes anticipated after major grading activities.
L.
Location of the MS4 with relation to the construction site.
M.
Identification of outfalls which are located on the construction
site.
N.
Stormwater discharge calculations prepared and certified by a registered
professional engineer describing the volume of stormwater that presently
discharges from the construction site and the estimated volume post-development.
O.
Identification of any existing stormwater discharges emanating from
the construction site and discharging into the MS4 for which a NPDES
permit has been issued (include permit number).
P.
A list of water bodies that will receive stormwater discharges from
the construction site, with the location of drains noted on the map.
A brief description of known water quality impacts and whether the
water bodies receiving such stormwater discharges have:
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Applicant must submit a stormwater pollution prevention plan
(SWPPP) with its application for a stormwater permit. The SWPPP must
include all of the following:
| |
|
(A)
|
A plan to control wastes generated by the construction activity
on the construction site; and
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(B)
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An erosion and sedimentation control plan; and
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(C)
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A plan to construct stormwater management measures; and
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(D)
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A plan for operation and maintenance of stormwater management
measures.
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A.
Plan to control wastes. Applicant must list the construction and
waste materials expected to be generated or stored on the construction
site. These wastes include, but are not limited to: discarded building
materials, concrete truck washout, chemicals, litter, sanitary waste
and material stockpilings. Applicant must also describe in narrative
form the best management practices it will utilize to reduce pollutants
from these materials, including storage practices to minimize exposure
of the materials to stormwater and spill prevention and response plans.
If any structural BMPs are proposed, they must be identified and located
on the site plan. At a minimum, applicant's plan should provide for
the following:
(1)
Areas designated and controlled for equipment storage, maintenance
and repair.
(2)
Convenient locations for waste receptacles and a schedule for regular
removal.
(3)
Wash-down areas for vehicles selected to prevent contamination of
stormwater.
(4)
Covered storage areas for chemicals, paints, solvents, fertilizers
and other toxic materials.
(5)
Adequately maintained sanitary facilities.
B.
Erosion and sedimentation control plan. Applicant must describe in
narrative form its plan for properly stabilizing the site before construction
begins and the BMPs that it will use during construction to minimize
erosion of the soil and sedimentation of the stormwater. These BMPs
should include both stabilization practices such as seeding, mulching,
preserving trees and vegetative buffer strips, and contouring and
structural practices such as earth dikes, silt fences, drainage swales,
sediment traps, check dams, and subsurface or pipe slope drains. Applicant
must locate structural BMPs on the site plan. Applicant must also
provide details of construction, including the timing, scheduling
and sequencing of development, including clearing, stripping, rough
grading, construction, final grading and final site stabilization.
C.
Plan to construct stormwater management measures. Applicant must
describe its proposed drainage system and identify the stormwater
management measures it plans to construct on the construction site
in order to retain stormwater recharge on-site and prevent pollutants
from entering stormwater discharges. These measures include, but are
not limited to: on-site filtration, flow attenuation by vegetation
or natural depressions, outfall velocity dissipation devices, retention
structures and artificial wetlands and water quality detention structures.
Applicant is required to show the following on its site plan:
(1)
The estimated seasonal high groundwater elevation in areas to be
used for stormwater management measures.
(2)
Detailed plans and descriptions of all components of the proposed
drainage system, including:
(a)
Locations, cross-sections and profiles of all brooks, streams,
drainage swales and their method of stabilization;
(b)
All stormwater management measures to be used for the detention,
retention or infiltration of water, their size and location on the
construction site, and the volume of stormwater that each will hold;
(c)
All stormwater management measures for the protection of water
quality if so-called Category 5 waters are located on or adjacent
to the construction site;
(d)
The structural details for all components of the proposed drainage
system and stormwater management measures, including cross-sections;
(e)
Notes on drawings specifying materials to be used, construction
specifications and typicals; and
(f)
Expected hydrology with supporting calculations of post-development
stormwater discharges.
D.
Plan for operation and maintenance of stormwater management measures.
Applicant must outline its plan for the long-term operation and maintenance
of the stormwater management measures that have been built on the
construction site. This plan must include the following:
(1)
A description of the annual maintenance activities that will be performed
and identification of the individual who will perform them; and
(2)
An estimate of the annual cost of these maintenance activities and
a description of the operation and maintenance fund that the applicant
will establish; and
(3)
The language of a covenant and restriction which applicant will record
in the appropriate Registry of Deeds, binding and enforceable against
the construction site and the owner from time to time thereof to maintain
the stormwater management measures.
A.
Following receipt of a complete application for a stormwater permit,
the Stormwater Manager will refer it to either the Planning Board
(if the proposed construction project requires subdivision approval
under MGL c. 41), Zoning Board of Appeals, or the Conservation Commission
for review and comment, when applicable.
B.
In the event that the plan does not require the approval of the Planning
Board, the Zoning Board of Appeals, or the Conservation Commission,
the Stormwater Manager may forward any application to the Select Board
for the purpose of a public hearing on the same, if the Stormwater
Manager deems such a hearing to be necessary based on the possible
impact of the requested stormwater permit on any surrounding or abutting
properties and/or a Town right-of-way. The approval or denial of a
stormwater permit will be forwarded to the Building Inspector when
required. The applicant will be notified in writing of the stormwater
permit approval or denial within 30 days of the submission of the
application. The Stormwater Manager will make the application available
for inspection by the public during normal business hours at the Department
of Public Works.
C.
After receipt of the recommendation of the Planning Board or the
Zoning Board of Appeals and public comment at the public hearing held
by the respective boards, the Stormwater Manager may: approve or deny
the application; require changes to any part of the SWPPP; revise
the amount of the required annual maintenance deposit or may impose
additional conditions in the stormwater permit; or may impose additional
conditions in the stormwater permit that he issues.
D.
The Stormwater Manager may not issue the stormwater permit until
final plans of the development approved by either the Planning Board
or Zoning Board of Appeals have been filed with the Stormwater Manager
and 21 days have elapsed. If there are changes on the final plans
which affect the stormwater permit, the Stormwater Manager (after
written notice to the applicant) shall review these changes and may
impose additional conditions in the stormwater permit.
The following standard conditions shall apply to each stormwater
permit issued in accordance with this bylaw:
A.
The permittee shall comply with all conditions of the stormwater
permit and its stormwater pollution prevention plan.
B.
The permittee shall comply with all other local permits related to
the construction site.
C.
The permittee shall make an annual deposit of funds in a specially
segregated bank account in the amount equal to the estimated annual
cost to operate and maintain the stormwater management measures. The
segregated account will be opened by the stormwater permit applicant
and the bank book will be held by the Town Treasurer's office. When
withdrawals from the account are required, the applicant will contact
the Stormwater Manager, in writing, and the Stormwater Manager will
forward the request to the Town Treasurer if the request is deemed
appropriate by the Stormwater Manager.
D.
The permittee shall maintain on-going records of the aforesaid operation
and maintenance fund which shall show:
(1)
The maintenance activities performed on the stormwater management
measures located on the construction site, the dates on which they
were performed and the names of the individuals who performed them;
and
(2)
The costs of such maintenance activities shown deducted from the
fund; and
(3)
The current balance in the fund.
E.
The permittee shall record within 10 days of receipt of the stormwater
permit in the appropriate Registry of Deeds a covenant and restriction
in form and substance identical to that submitted with his application
and approved by the Stormwater Manager, and shall submit evidence
of such recording to the Stormwater Manager.
F.
The permittee shall furnish the Stormwater Manager any information
which is requested to determine compliance with the stormwater permit.
H.
The permittee shall allow representatives of the awarding authority
to make regular, unannounced inspections of the construction site.
These typically will occur at the following times:
(1)
Initial site inspection prior to construction activity starting but
after a complete application has been filed.
(2)
After erosion and sedimentation controls are in place.
(3)
After construction site clearing has been substantially completed.
(4)
After rough grading has been substantially completed.
(5)
Prior to backfilling of any underground drainage and/or after stormwater
management measures have been installed.
(6)
After final grading has been substantially completed.
(7)
At the end of the construction season if construction activity has
not yet been completed.
(8)
After final site stabilization.
I.
The permittee shall report the release of any reportable quantity
of hazardous substances oil which occurs on the construction site
during construction activity. This report must be made within 14 days
of knowledge of the release and must include the date and description
of the release, the circumstances leading to the release, responses
to be employed for such release and measures to prevent reoccurrence
of such release.
J.
The issuance of the stormwater permit does not convey any property
rights of any sort, nor any exclusive privileges, nor does it authorize
any injury to private property nor any invasion of personal rights
nor any infringement of federal, state or local laws or regulations.
K.
The provisions of the stormwater permit are severable, and if any
provision of the permit or the application of any provision of the
permit to any circumstance is held invalid, the application of such
provision to other circumstances and the remainder of the permit shall
not be affected thereby.
L.
The stormwater permit is not transferable.
M.
The Stormwater Manager reserves the right during the permit term
to modify the permit and impose additional conditions.
N.
Conditions contained in permittee's NPDES Comprehensive General Permit
will be incorporated by reference in the stormwater permit.
The stormwater permit shall be effective upon the date of issuance
and remain in effect until the earlier to occur of:
A.
A certificate of completion is issued by the awarding authority indicating
that all construction activity has ceased and final site stabilization
construction, inspection and approval by a representative of the awarding
authority has occurred; or
B.
The date three years from the date of issuance of the stormwater
permit has occurred without applicant starting construction activity
on the construction site.
A.
The Stormwater Manager may, during the permit term, find a permittee
is in default after notice and hearing if he shall reasonably determine
that:
(1)
Permittee knowingly made a false material statement, representation
or certification in his application or SWPPP; or
(2)
Permittee is no longer the owner or operator of the construction
site and thus not authorized to sign the application for a stormwater
permit; or
(3)
Permittee is not in compliance with the terms of its stormwater permit
or SWPPP.
B.
The permittee shall be given not less than 10 days' prior written
notice of the time and place of the hearing and shall have the opportunity
at the public hearing to present evidence.
The Stormwater Manager will report any permittee that he has
found to be in default as described in the preceding section to the
awarding authority. Upon such notification, the Stormwater Manager
or the awarding authority may take any of the following actions:
A.
Issue a written order requiring the permittee to cease and desist
from construction activity until there is compliance with this bylaw
and the stormwater permit. Any such order may be subsequently modified
by the Stormwater Manager.
B.
Issue a written order requiring maintenance, installation or performance
of additional erosion and sedimentation control measures by a certain
deadline.
C.
Issue a written order requiring the repair, maintenance or replacement
of stormwater management measures by a certain deadline.
D.
Issue a written order requiring remediation of any pollutants that
are entering stormwater discharges as a result of the construction
activity by a certain deadline.
E.
Suspend or revoke the stormwater permit.
F.
Enforce the covenant and restriction against any or all of the following:
the operation and maintenance fund, the construction site, or the
owner from time to time thereof as the Town may elect in its discretion.
G.
Take any other enforcement action available under applicable federal,
state or local law.
An applicant or permittee aggrieved by a decision of the Stormwater
Manager under this bylaw may, within 30 days of such action, request
a hearing before the Select Board at which the applicant or permittee
shall be afforded the opportunity to present evidence and argument
concerning final action by the Select Board. The Select Board shall
hold such hearing within 30 days following the filing of the request
and within 30 days after the closing of the hearing shall either confirm
the Stormwater Manager's previous action or order such other final
action as it may determine. Appeals from a decision of the Select
Board may be taken to a court of competent jurisdiction.
The awarding authority may, where such action is allowed by
law, in the public interest and not inconsistent with the purpose
and intent of this bylaw, waive strict compliance with any requirement
of this bylaw, provided that:
A.
Applicant has submitted a written request to be granted a waiver,
has explained and/or documented the facts supporting his waiver request,
and has demonstrated that the strict application of this bylaw to
his case will not further the purpose or objective of this bylaw;
and
B.
Applicant's waiver request was discussed and voted on at a public
hearing following public notice and notice to abutters.
If any clause, section or part of this bylaw shall be held invalid
or unconstitutional by any court of competent jurisdiction, the remainder
of this bylaw shall not be affected thereby but shall remain in full
force and effect.
This bylaw shall take effect upon approval by the Office of
the Attorney General and as otherwise required by MGL c. 40, § 32.
