(a)
Purpose. The purpose of this section is to implement the requirements
of the National Pollutant Discharge Elimination System (NPDES) General
Permit for Stormwater Discharges from Small Municipal Separate Storm
Sewer Systems issued by the U.S. Environmental Protection Agency;
to protect the public health, safety, and welfare of Weymouth residents;
to protect the natural resources, water bodies, drinking water supplies,
groundwater resources, environment, and municipal facilities of the
Town; to satisfy the appropriate water quality requirements of the
Federal Clean Water Act; to eliminate or reduce the adverse effects
of soil erosion and sedimentation as a result of land-disturbing activities;
and to manage stormwater runoff to minimize adverse impacts to the
Town, its citizens, and the environment.
Section 8-701 is adopted under authority granted by the Home Rule Amendments of the Massachusetts Constitution, the Massachusetts Home Rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34. The provisions of § 8-701 apply to all property owners in the Town.
The Department of Public Works (DPW) shall administer and enforce § 8-701 and will issue a stormwater management permit to document compliance with this section. The DPW may promulgate rules and regulations to effectuate the purpose of this section.
(b)
APPLICANT
CLEAN WATER ACT
LAND DISTURBANCE
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
MUNICIPAL STORM DRAIN SYSTEM
PROJECT
STORMWATER
Definitions. Unless otherwise defined in this subsection, the terms
in this section correspond to definitions found in the Clean Water
Act (33 U.S.C. § 1251 et seq.) and the Massachusetts General
Permit for Stormwater Discharges from Small Municipal Separate Storm
Sewer Systems issued by the U.S. Environmental Protection Agency.
The following definitions apply to this section:
A person who applies for a stormwater management permit under
this section of the Town Ordinances. "Applicant" shall include an
owner, or his/her agent or representative, or his/her assigns.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as it is amended from time to time.
Any activity that removes the surface cover from land, changes
the grade or exposes soil to the potential influence of stormwater.
The standards issued by the Massachusetts Department of Environmental
Protection (DEP), codified in regulations at 310 CMR 10.05(6)(k) through
(q), and further defined and specified in the Massachusetts Stormwater
Handbook issued by the DEP. The standards address stormwater impacts
through implementation of performance standards that reduce or prevent
pollutants from reaching water bodies and control the quantity of
runoff from a site.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or -altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town.
Land disturbance conducted on either a single property or
multiple properties as part of a single proposal (e.g., residential
subdivision).
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
(c)
Applicability. A stormwater management permit is required by any
property owner who undertakes a project that discharges or proposes
to discharge stormwater off his/her property in the Town of Weymouth
and meets the following criteria:
(d)
Exemptions. Projects are exempt from needing a stormwater management
permit if the stormwater discharges resulting from them demonstrate
compliance with the Massachusetts Stormwater Management Standards,
either through a properly issued order of conditions, site plan review,
special permit/variance or definitive subdivision plan.
The following activities and discharges are exempt from this
section:
1.
DPW ice and snow control operations;
2.
Flow resulting from municipal emergency response activities;
3.
Natural flow from riparian habitats and wetlands;
4.
Dye testing, provided verbal notification is given to the DPW prior
to the time of the test;
5.
Nonstormwater discharges permitted under an NPDES permit administered
under the authority of the United States Environmental Protection
Agency;
6.
Projects that commenced prior to the effective date of this section,
provided they have all necessary approvals and permits and are completed
within one year from such effective date;
7.
Water line flushing;
8.
Flow from potable water sources;
9.
Uncontaminated groundwater or uncontaminated pumped groundwater;
10.
Water from exterior foundation drains, footing drains, crawl space
pumps, or air conditioning condensation;
11.
Water from sump pumps and other pumps that remove floodwaters from
basements;
12.
Water discharge from irrigation or watering of lawns, trees, landscaping,
and gardens;
13.
Water from property management activities, including washing walkways,
patios, house siding, windows, or similar property management activities;
14.
Individual resident car washing;
15.
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.
(e)
MINOR PROJECTS
MAJOR PROJECTS
Application and review procedures. At least 30 days prior to commencement
of site clearing or stockpiling activities, the applicant shall file
with the DPW two copies of plans and forms specified by the DPW. A
complete application shall include the DPW permit application forms,
all requirements therein, application fee as per DPW service fee schedule
and the following:
A sketch of the proposed project and an accompanying narrative
which shall include the following information:
1.
|
The location of land-clearing, stockpiling and development activities;
erosion control measures to prevent the sedimentation of water bodies
and off-site discharge of sediment;
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2.
|
Waste control measures to prevent wastes from contacting stormwater
runoff;
| |
3.
|
Details of a planned program of inspection and maintenance to
ensure proper operation of stormwater management measures; and
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4.
|
Additional stormwater management measures as directed by the
DPW.
|
1.
|
Name, address and telephone number of the owner and person responsible
for implementation of the plan and for proper inspection and maintenance
of erosion and sedimentation controls;
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2.
|
Plans prepared by a MA registered professional engineer or professional
land surveyor depicting property lines, existing and proposed ground
conditions and topography using no greater than two-foot increments,
boundaries of wetlands and natural or artificial water storage or
conveyance structures, one-hundred-year flood elevations and location
of all existing and proposed buildings, utilities, easements and impervious
surfaces;
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3.
|
A narrative description of proposed erosion control measures
and sedimentation control measures;
| |
4.
|
Location and design details of erosion and sediment control
measures proposed to prevent off-site sediment transport during construction;
| |
5.
|
A locus map showing the site in relationship to the surrounding
area's watercourses, water bodies and other significant geographic
features, and roads and other significant structures;
| |
6.
|
A plan showing the extent of clearing, construction equipment
access and storage areas, and material laydown, temporary storage
of construction debris and soil stockpile areas;
| |
7.
|
A construction schedule, including estimated dates for initiation
and completion for such tasks as clearing and grading, construction
of utilities and infrastructure, construction of buildings, and final
grading and landscaping;
| |
8.
|
A written program of documented inspections of stormwater management
systems and a corrective action program for identified deficiencies;
| |
9.
|
A stormwater management plan prepared by a MA registered professional
engineer that demonstrates compliance with the Massachusetts Stormwater
Management Standards;
| |
10.
|
A statement as to applicability under the Massachusetts Natural
Heritage and Endangered Species Program pursuant to the Massachusetts
Endangered Species Act (MGL c. 131A), if applicable.
| |
Within 30 calendar days after receiving a complete application,
the DPW shall, in writing:
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1.
|
Approve the plans as submitted and issue a stormwater management
permit;
| |
2.
|
Approve the plans subject to such reasonable conditions as may
be necessary to secure substantially the objectives of this section,
and issue a stormwater management permit subject to these conditions;
| |
3.
|
Disapprove the plans, specifying the reason(s) and procedure
for submitting a revised application and/or submission; or
| |
4.
|
Request additional information or data.
| |
Failure of the DPW to act on an original or revised plan within
30 calendar days of receipt shall authorize the applicant to proceed
in accordance with the plan as filed unless such time is extended
by agreement between the applicant and the DPW.
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(f)
(g)
Severability. The provisions of this section are hereby declared
to be severable. If any provision, paragraph, sentence, or clause
of this section or the application thereof to any property owner,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of said section
to the extent permitted by law.
(a)
Purpose. The purpose of this section is to increase surface and groundwater
quality by eliminating and prohibiting illicit connections and discharges
to the municipal storm drain system.
Section 8-702 is adopted under authority granted by the Home Rule Amendments of the Massachusetts Constitution, the Massachusetts Home Rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34. The provisions of § 8-702 apply to all property owners in the Town.
The Department of Public Works (DPW) shall administer and enforce § 8-702 and may promulgate rules and regulations to effectuate the purpose of this section.
(b)
CLEAN WATER ACT
GROUNDWATER
ILLICIT CONNECTION
ILLICIT DISCHARGE
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
MUNICIPAL STORM DRAIN SYSTEM
PERSON
STORMWATER
UNCONTAMINATED WATER
Definitions. Unless otherwise defined in this subsection, the terms
in this section correspond to definitions found in the Clean Water
Act (33 U.S.C. § 1251 et seq.) and the Massachusetts General
Permit for Stormwater Discharges from Small Municipal Separate Storm
Sewer Systems issued by the U.S. Environmental Protection Agency (EPA).
The following definitions apply to this section:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as it is amended from time to time.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into a storm drain, 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 constructed, permitted, or approved before the effective
date of this section.
Direct or indirect discharge to the storm drain that is not
composed entirely of stormwater, except as exempted in Subsection
(d).
The standards issued by the Massachusetts Department of Environmental
Protection (DEP), codified in regulations at 310 CMR 10.05(6)(k) through
(q), and further defined and specified in the Massachusetts Stormwater
Handbook issued by the DEP. The standards address stormwater impacts
through implementation of performance standards that reduce or prevent
pollutants from reaching water bodies and control the quantity of
runoff from a site.
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or -altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town.
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.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
Water free of toxic or hazardous waste (as defined in MGL
c. 21C and c. 21E, and 310 CMR 30.000 and 40.000), sewage, agricultural,
industrial or commercial waste, runoff, leachate, heated effluent
or other matter, whether originating at a point or nonpoint source.
(c)
Prohibited activities.
1.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any contaminated water or nonstormwater discharge
into the municipal storm drain system, 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 of stormwater into or out of the
municipal storm drain system without prior written approval from the
Department of Public Works.
(d)
Exemptions. The following activities and discharges are exempt from
this section:
1.
DPW ice and snow control operations;
2.
Flow resulting from municipal emergency response activities;
3.
Natural flow from riparian habitats and wetlands;
4.
Dye testing, provided verbal notification is given to the DPW prior
to the time of the test;
5.
Nonstormwater discharges permitted under an NPDES permit administered
under the authority of the United States Environmental Protection
Agency;
6.
Projects that commenced prior to the effective date of this section,
provided they have all necessary approvals and permits and are completed
within one year from such effective date;
7.
Water line flushing;
8.
Flow from potable water sources;
9.
Uncontaminated groundwater or uncontaminated pumped groundwater;
10.
Water from exterior foundation drains, footing drains, crawl space
pumps, or air conditioning condensation;
11.
Water from sump pumps and other pumps that remove floodwaters from
basements;
12.
Water discharge from irrigation or watering of lawns, trees, landscaping,
and gardens;
13.
Water from property management activities, including washing walkways,
patios, house siding, windows, or similar property management activities;
14.
Individual resident car washing;
15.
Discharge from dechlorinated swimming pool water [less than one part
per million (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.
(e)
(f)
Severability. The provisions of this section are hereby declared
to be severable. If any provision, paragraph, sentence, or clause
of this section or the application thereof to any property owner,
establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application of said section
to the extent permitted by law.