Town of Weymouth, MA Stormwater

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Section 8-700 Stormwater

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§ 8-701 Stormwater Management Ordinance.

§ 8-702 Illicit Connection/Discharge Ordinance.

§ 8-701 Stormwater Management Ordinance.

(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)

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:

APPLICANT

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.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as it is amended from time to time.

LAND DISTURBANCE

Any activity that removes the surface cover from land, changes the grade or exposes soil to the potential influence of stormwater.

MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS

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.

MUNICIPAL STORM DRAIN SYSTEM

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.

PROJECT

Land disturbance conducted on either a single property or multiple properties as part of a single proposal (e.g., residential subdivision).

STORMWATER

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:

Minor projects, which are those that involve either:

Land disturbance of more than 7,500 square feet of land but less than one acre; or

Stockpiling more than 50 cubic yards but less than 1,000 cubic yards of excavate or fill.

Major projects, which are those that involve either:

Land disturbance of one acre or more; or

Stockpiling 1,000 cubic yards of excavate or fill or more.

(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:

DPW ice and snow control operations;

Flow resulting from municipal emergency response activities;

Natural flow from riparian habitats and wetlands;

Dye testing, provided verbal notification is given to the DPW prior to the time of the test;

Nonstormwater discharges permitted under an NPDES permit administered under the authority of the United States Environmental Protection Agency;

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;

Water line flushing;

Flow from potable water sources;

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)

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:

MINOR PROJECTS

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;
	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
	4.	Additional stormwater management measures as directed by the DPW.

MAJOR PROJECTS

	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;
	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;
	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:
	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.

(f)

Violations and penalty. Any person who violates any provision of this section may be punished, under MGL c. 40, § 21D, as a noncriminal offense, by fines of:

First offense: $100.

Second offense: $200.

Additional offenses: $300.

Or under MGL c. 40 § 21D, by criminal complaint at the appropriate venue. Each day or portion thereof during which a violation continues shall constitute a separate offense. For further explanation, see §§ 1-109 and 1-110 of these ordinances.

(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.

§ 8-702 Illicit Connection/Discharge Ordinance.

(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

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as it is amended from time to time.

GROUNDWATER

Water beneath the surface of the ground.

ILLICIT CONNECTION

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.

ILLICIT DISCHARGE

Direct or indirect discharge to the storm drain that is not composed entirely of stormwater, except as exempted in Subsection (d).

MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS

MUNICIPAL STORM DRAIN SYSTEM

PERSON

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

Stormwater runoff, snow melt runoff, and surface water runoff and drainage.

UNCONTAMINATED WATER

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.

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.

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.

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:

DPW ice and snow control operations;

Flow resulting from municipal emergency response activities;

Natural flow from riparian habitats and wetlands;

Dye testing, provided verbal notification is given to the DPW prior to the time of the test;

Nonstormwater discharges permitted under an NPDES permit administered under the authority of the United States Environmental Protection Agency;

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;

Water line flushing;

Flow from potable water sources;

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)

Violations and penalty. Any person who violates any provision of this section may be punished, under MGL c. 40 § 21D, as a noncriminal offense, by fines of:

First offense: $100.

Second offense: $200.

Additional offense: $300.

Or under MGL c. 40, § 21D, by criminal complaint at the appropriate venue. Each day or portion thereof during which a violation continues shall constitute a separate offense. For further explanation, see §§ 1-109 and 1-110 of these ordinances.

(f)