[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:
BOARD
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.
CONTAMINATED WATER
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.
DIRECT CONNECTION
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.
DIRECT CONNECTION LICENSE
A license granted by the Town for the continued maintenance
by an owner of a direct connection to the MS4.
DISCHARGE
Any non-naturally occurring addition of water or of stormwater
to the MS4.
DUMPING
An act or omission of any person or entity, the proximate
result of which is the introduction of a pollutant into the MS4.
EXEMPTED DISCHARGES
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:
F.
Discharges from potable water sources.
H.
Air conditioning condensation.
K.
Water from crawl space pumps.
N.
Individual residential car washing.
O.
Flows from riparian habitats and wetlands.
P.
Dechlorinated swimming pool discharges (e.g., where the discharge
contains less than one ppm of chlorine).
EXISTING SOURCE
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.
ILLICIT CONNECTION
Any drain, conduit, or other conveyance, whether on the surface
or subsurface, which allows an illicit discharge to enter the MS4.
ILLICIT DISCHARGE
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.
INDIRECT CONNECTION
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or 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.
NEW SOURCE
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.
NPDES PERMIT
The National Pollution Discharge Elimination System Permit
issued by the federal Environmental Protection Agency to the Town.
OWNER
The owner of a parcel of land recorded in the Assessor's
Office of the Town.
POLLUTANT
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.
PUBLIC WAYS
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.
STORMWATER
Rainfall that exceeds the soil's capacity contemporaneously
to absorb it and which, instead, runs across the surface of the ground
as run-off.
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:
AGRICULTURE
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).
APPLICANT
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.
AWARDING AUTHORITY
The Select Board of the Town of Sharon has authority to exercise
the powers granted by this bylaw.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
discharges.
CERTIFICATE OF COMPLETION
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.
CONSTRUCTION ACTIVITY
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.
CONSTRUCTION SITE
The plot of land located within the Town on which the construction
activity will occur.
DISTURB
Any activity such as clearing, grading and excavating that
exposes soil, sand, rock, gravel or similar earth material.
EROSION
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.
FINAL SITE STABILIZATION
That all construction activity at the site has been completed
and a uniform perennial vegetative cover percentage as required by
zoning regulations 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NPDES PERMIT
National Pollution Discharge Elimination System Construction
General Permit issued by the Environmental Protection Agency to the
applicant.
OPERATOR
The party associated with the construction activity that
meets either of the following two criteria:
A.
The party who has operational control over construction plans
and specifications, including the ability to make modifications to
those plans and specifications; or
B.
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.
OUTFALL
A point source at which a municipal separate storm sewer
system discharges to waters of the U.S.
PERMITTEE
The owner of the land on which construction activity is proposed
who has applied for and received a stormwater permit from the awarding
authority.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
POLLUTANTS
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.
SEDIMENTATION
The process or act of depositing mineral or organic soil
material in stormwater as a result of erosion.
STORMWATER
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 DISCHARGES
Stormwater that runs off from the construction site into
the MS4 or otherwise into waters of the U.S.
STORMWATER MANAGEMENT MEASURES
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.
STORMWATER MANAGER
The Town Engineer or Assistant Town Engineer will serve in
this capacity.
STORMWATER PERMIT
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
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.
WATERS OF THE U.S.
These include:
A.
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;
B.
All interstate waters, including interstate wetlands;
C.
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:
(1)
That are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2)
From which fish or shellfish are or could be taken and sold
in interstate or foreign commerce; or
(3)
That are used or could be used for industrial purposes by industries
in interstate commerce;
D.
All impoundments of waters otherwise defined as waters of the
United States under this definition;
E.
Tributaries of waters identified in Subsections
A through
D of this definition;
G.
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in Subsections
A through
F of this definition.
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.
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.
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:
(1) Been assessed and reported in reports submitted by the Massachusetts
Department of Environmental Protection to EPA pursuant to Section
305(b) of CWA; and
(2) Been listed as a Category 5 Water [waters requiring a total maximum
daily load (TMDL)] by DEP under Section 303(d) of the CWA.
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.
G. The permittee shall allow authorized representatives of the awarding
authority to:
(1) Enter upon the permittee's construction site; and
(2) Have access to and the right to copy at reasonable times any records
required to be kept under the conditions of this bylaw; and
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.
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.