[HISTORY: Adopted by the Planning Board of the Town of Middleton 8-13-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 130.
Stormwater management and illicit discharge — See Ch. 204.
Water — See Ch. 230.
Zoning — See Ch. 235.
Subdivision of land — See Ch. 250.
Wastewater disposal — See Ch. 339.
Water supply systems — See Ch. 343.
Water main extensions — See Ch. 397.
Cross-connection control program — See Ch. 400.
The purpose of these stormwater regulations is to protect the
Town of Middleton's water bodies and groundwater and to safeguard
the public health, safety, welfare and the environment by establishing
minimum requirements and procedures to control the adverse effects
of increased post-development stormwater runoff, decreased groundwater
recharge, and nonpoint source pollution associated with new development,
as more specifically addressed in Stormwater Management Bylaw[1] of the Town of Middleton. Increased and contaminated stormwater
runoff associated with construction sites, developed land uses and
the accompanying increase in impervious surface are major causes of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater. These regulations were adopted by the stormwater
management permitting Authority on August 13, 2014, after holding
a legally posted public hearing.
The definitions contained herein apply to issuance of a stormwater
management permit (SMP) or simple stormwater management permit (SSMP)
established by the Town of Middleton Stormwater Management Bylaw[1] and implemented through these stormwater regulations.
Terms not defined in this section shall be construed according to
their customary and usual meaning unless the context indicates a special
or technical meaning. All definitions are provided in the Appendices
section of the regulations.[2]
B.
Nothing in the Bylaw or these regulations is intended to replace
the requirements of the Town of Middleton Zoning Bylaw, the Town of
Middleton General Bylaw, any other bylaw that may be adopted by the
Town of Middleton, or any rules and regulations adopted thereunder.
Any activity subject to the provisions of the above-cited bylaws or
rules and regulations must comply with the specifications of each.
A.
The SWPA shall administer, implement and enforce these regulations.
B.
The SWPA may designate by mutual agreement another Town board, commission, or department, including but not limited to the Planning Department, Building Department, Planning Board, Conservation Commission, Board of Health, or Department of Public Works, as its authorized agent or designee for the purposes of permit approval, site inspections of the stormwater management system, erosion and sediment controls, or long-term site inspections in accordance with §§ 248-11 and 248-13 of these regulations.
C.
Town boards or departments, including, but not limited to the Conservation
Commission, Planning Board, Zoning Board of Appeals, Department of
Public Works, Building Department, Board of Health, and any other
applicable Town board or department may formally adopt these regulations,
or specific sections of these regulations, either directly or by reference.
D.
The Planning Board may, from time to time, amend these regulations
after holding a public hearing. Notice of the time, place and subject
matter shall be published in a newspaper of general circulation in
Middleton once, not less than seven days before the day of such hearing.
A.
These stormwater regulations apply to all activities in accordance with the Applicability section (§ 204-2) of the Stormwater Management Bylaw and further described in this section. Projects and/or activities within the jurisdiction of the Town of Middleton Stormwater Management Bylaw must obtain a stormwater management permit (SMP) or simple stormwater management permit (SSMP) from the SWPA in accordance with the permit procedures and requirements defined in §§ 248-6 and 248-7 of these regulations.
A.
Permit required prior to activity. No land owner or land operator
shall receive any of the building, or other land development permits
required for land disturbance activities without first meeting the
requirements of the Bylaw and these regulations prior to commencing
the proposed activity.
B.
Time frame to commence activity. Should a land-disturbing activity
associated with an approved plan in accordance with this section not
begin during the thirty-six-month period following permit issuance,
the SWPA may evaluate the existing stormwater management plan to determine
whether the plan still satisfies local program requirements and to
verify that all design factors are still valid. If the authority finds
the previously filed plan to be inadequate, a modified plan shall
be submitted and approved prior to the commencement of land-disturbing
activities.
C.
Entry. Filing an application for a permit grants the SWPA, its agent, or designee as specified per § 248-4 of these regulations, permission to enter the site throughout the term of the permit to verify the information in the application and to inspect for compliance with the resulting permit.
D.
Filing application.
(1)
The applicant shall file with the SWPA five printed copies and one
portable document file (PDF) copy of a completed application package
for a stormwater management permit (SMP) (one copy with original signatures).
Permit issuance is required prior to any site altering activity. While
the applicant can be a representative, the permittee must be the owner
of the site. The SMP application package shall include:
(2)
The SWPA shall review the application package for completeness before
the application is formally accepted. Applicants will be notified
within 10 days of filing of any applicable consultant fees or missing
items.
E.
Fees.
(1)
The SWPA shall obtain with each submission an application fee established
by the Planning Board to cover administrative expenses connected with
the review of the stormwater management permit. A nonrefundable application
fee of $100 shall be due and payable to the Town of Middleton at the
time an application is formally filed.
(2)
In addition to the above fee, the SWPA or its designated reviewing
agent is authorized to require an applicant to pay an initial fee
of up to $2,500 for the reasonable costs and expenses for specific
expert engineering and other consultant services deemed necessary
by the SWPA or its designated reviewing agent to come to a final decision
on the application. Payment may be required at any point in the deliberations
prior to a final decision. The reviewing agent shall notify the applicant
of such amount in writing. Failure to submit such additional amount
as required by the SWPA within 14 days of receipt of said notice shall
be deemed reason by the SWPA to deny said application.
(a)
If prior to final action on the plan the SWPA or its designated
reviewing agent finds that $2,500 is insufficient to cover costs and
expenses for consultant services necessary for review of the application,
the SWPA shall seek authorization from the Planning Board at one of
the Board's regular meetings to require that the applicant submit
forthwith such additional amount as is deemed required by the reviewing
agent to cover such costs. The reviewing agent shall notify the applicant
of such additional amount in writing. Failure to submit such additional
amount as authorized by the Planning Board within 14 days of receipt
of said notice shall be deemed reason by the SWPA to deny said application.
(b)
Such fee shall be held in escrow, to be used to engage independent
consultants should the reviewing agent determine this to be necessary,
based on the characteristics or complexity of the issues raised by
the application. Such fee shall be governed and administered in accordance
with MGL c. 44, § 53G or § 53E 1/2.
(c)
If the actual cost incurred by the Town for review of said application
is less than the amount on deposit as specified above, the reviewing
agent shall authorize that such excess amount be refunded to the applicant
concurrently with final action on said application.
(d)
The services for which a fee may be utilized include, but are
not limited to, review of wetland survey and delineation, hydrologic
and drainage analysis, wildlife evaluation, stormwater quality analysis,
site inspections, as-built plan review, and analysis of legal issues.
(3)
These fees are in addition to any other local or state fees that
may be charged under any other law, bylaw, or local codes.
(4)
The fee schedule may be reduced or increased by the Planning Board.
Any such change shall be made at a posted public hearing of the Planning
Board not less than 30 days prior to the date upon which the change
is to be effective.
F.
Public meetings. The SWPA will review SMP applications at a regularly
scheduled and posted meeting of the SWPA, unless the SWPA has designated
an authorized agent or designee for the purposes of permit approval.
G.
Actions. The action of the SWPA or its designee, rendered in writing,
shall consist of either:
(1)
Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the SWPA which will ensure that the project meets the standards in § 248-8 of these regulations and adequately protects water resources, set forth in the Bylaw and these regulations. SWPA approval shall be recorded by the applicant on the deed for the subject property at the Southern Essex District Registry of Deeds within 14 days of issuance. (See § 248-6O, operation and maintenance plan). Commencement of work on the property is not permitted until proof of registry is received by the SWPA.
H.
Failure to act. Failure of the SWPA to take final action upon an
application within 60 days of the receipt of a completed application
shall be deemed approval of said application, unless an extension
is granted by the applicant.
I.
Construction inspections. Requirements for construction inspections and reporting for projects requiring a SMP are included in § 248-11.
J.
Plan changes. The permittee must notify the SWPA, in writing, of any drainage change or alteration in the system authorized in a stormwater management permit before any change or alteration is made. If the SWPA determines that the change or alteration is significant, based on the Stormwater Management Standards in § 248-8 of these regulations and accepted construction practices, the SWPA may require that an amended application be filed. If any change or deviation from the stormwater management permit occurs during a project, the Board may require the installation of interim measures before approving the change.
K.
Appeals of actions of the SWPA. Appeals of any decisions of the SWPA may be made through the Middleton Planning Board. Further relief of a decision by the SWPA made under these regulations shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with MGL c. 249, § 4. Such an appeal shall result in revocation of the written approval until the appeal process has been resolved.
L.
Project completion. At completion of the project the permittee shall submit two printed copies and one portable document file (PDF) as-built record drawings of all stormwater controls and treatment best management practices required for the site as required in § 248-8 of these regulations. The DPW shall receive one copy of the final as-built drawings. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer (PE) licensed in the Commonwealth of Massachusetts.
M.
Stormwater management plan.
(1)
The stormwater management plan shall contain sufficient information
for the SWPA to evaluate the environmental impact, effectiveness,
and acceptability of the measures proposed by the applicant for reducing
adverse impacts from stormwater runoff. This plan shall be in accordance
with the criteria established in these regulations and must be submitted
with the stamp and signature of a professional engineer (PE) licensed
in the Commonwealth of Massachusetts.
(2)
The stormwater management plan shall fully describe the project in
drawings, narrative, and calculations. Required contents of the stormwater
management plan are provided in the Appendices section of the regulations.[1]
[1]
Editor's Note: The Appendices are included as an attachment
to this chapter.
N.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan is required at the time of application
for all projects. Plan approval by the SWPA is required prior to any
site altering activity. The plan shall be designed to ensure compliance
with the permit, these regulations, and if applicable, the NPDES general
permit for stormwater discharges from construction activities. In
addition, the plan shall ensure that the Massachusetts surface water
quality standards (314 CMR 4.00) are met in all seasons.
(2)
If a project requires a stormwater pollution prevention plan (SWPPP)
per the NPDES general permit for construction activities, the SWPA
requires that the applicant submit a copy of the SWPPP, as well as
monitoring reports and the permit file number.
(3)
Erosion and sediment control plan contents.
(a)
The erosion and sediment control plan shall contain sufficient information to describe the nature and purpose of the proposed development, pertinent conditions of the site and the adjacent areas, and proposed erosion and sedimentation controls. The applicant shall submit such material as is necessary to show that the proposed development will comply with the design requirements listed in § 248-8.
O.
Operation and maintenance plan.
(1)
An operation and maintenance plan (O&M plan) is required at the time of application for all projects. The plan shall be designed to ensure compliance with the permit, the Bylaw, these regulations and the Massachusetts surface water quality standards, 314 CMR 4.00, in all seasons and throughout the life of the system. The SWPA shall make the final decision as to what maintenance option is appropriate in a given situation by considering natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, types of stormwater management structures, and potential need for ongoing maintenance. The O&M plan shall be recorded on the deed at the Southern Essex District Registry of Deeds [See § 248-6G(1).] with a copy on file with the SWPA and the Building Inspector, and shall be an ongoing requirement.
(3)
Stormwater management access easements.
(a)
The SWPA may require that stormwater management easements be
conveyed by the property owner(s) to the Town of Middleton for:
[1]
Access for facility inspections and maintenance.
[2]
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
one-hundred-year storm event.
[3]
Direct maintenance access by heavy equipment to structures requiring
regular maintenance.
(b)
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
SWPA.
(c)
Easements shall be recorded with the South Essex Registry of
Deeds prior to issuance of a certificate of completion by the SWPA.
(4)
Changes to operation and maintenance plans.
(a)
The owner(s) of the stormwater management system must notify
the SWPA of changes in ownership or assignment of financial responsibility
30 days in advance.
(b)
The maintenance schedule in the maintenance agreement may be
amended to achieve the purposes of this regulation by mutual agreement
of the SWPA and the responsible parties. Amendments must be in writing
and signed by all responsible parties. Responsible parties shall include
owner(s), persons with financial responsibility, and persons with
operational responsibility.
A.
Permit required prior to activity. No land owner or land operator
shall receive any of the building, or other land development permits
required for land disturbance activities, without first meeting the
requirements of the Bylaw and these regulations prior to commencing
the proposed activity.
B.
Time frame to commence activity. The approved plan for the SSMP land-disturbing
activity must commence within the twelve-month period following permit
issuance; otherwise, the SWPA may evaluate the existing stormwater
management plan to determine whether the plan still satisfies local
program requirements and to verify that all design factors are still
valid. If the authority finds the previously filed plan to be inadequate,
a modified plan shall be submitted and approved prior to the commencement
of land-disturbing activities.
C.
Entry. Filing an application for a permit grants the SWPA, its agent, or designee as specified per § 248-4 of these regulations, permission to enter the site throughout the term of the permit to verify the information in the application and to inspect for compliance with the resulting permit.
D.
Filing application.
(1)
The applicant shall file with the SWPA, five copies and one portable
document file (PDF) copy of a completed application package for a
simple stormwater management permit (SSMP). Permit issuance is required
prior to any site altering activity. While the applicant can be a
representative, the permittee must be the owner of the site. The SSMP
application package shall include:
(a)
A completed SSMP application form with original signatures of
all owners.
(b)
Contact information, including a phone number available 24 hours
per day.
(c)
Description or plan that indicates location of the project and
assessor map and parcel information.
(d)
A plan or sketch that describes the project.
(e)
A brief description of the project, explaining how the project
meets eligibility requirements.
(f)
A brief description of plans to prevent erosion and control
sediments during construction.
(g)
A brief description of plans to perpetually inspect and maintain
the stormwater management systems.
(h)
Other materials as the SWPA may require to determine the eligibility
of the proposed work for a SSMP.
(2)
The SWPA shall review the application package for completeness before
the application is formally accepted. Applicants will be notified
within 10 days of filing of any missing items.
E.
Fees. Permits issued under simple stormwater management permits (SSMPs)
do not require an application fee.
F.
Public meetings. The SWPA will review SMP applications at a regularly
scheduled and posted meeting of the SWPA, unless the SWPA has designated
an authorized agent or designee for the purposes of permit approval.
G.
Actions. The action of the SWPA or it authorized agent or designee,
rendered in writing, shall consist of either approval, approval with
conditions, or disapproval of the permit. The SWPA will render a decision
within 21 days of receipt of a complete application package. The SWPA
will have the right to provide project conditions, as necessary, in
addition to the required standard conditions. Unless specifically
required by the SWPA, recording of the SSMP at the South Essex Registry
of Deeds is not required.
H.
Failure to act. Failure of the SWPA to take final action upon an
application within 21 days of the receipt of a completed application
shall be deemed approval of said application, unless an extension
is granted by the applicant.
I.
Plan changes. The permittee must notify the SWPA in writing of any
drainage change or alteration in the system authorized in a simple
stormwater management permit (SSMP). If the change or alteration is
significant, based on the conditions of approval and accepted construction
practices, the SWPA may require that an amended application be filed.
If any change or deviation from the simple stormwater management permit
occurs during a project, the SWPA may require the installation of
interim measures before approving the change.
J.
Appeals of actions of the SWPA. Appeals shall be in accordance with appeals for a SMP as described in § 248-6K of these regulations.
K.
Construction inspections. Unless specifically required by a condition
in the SSMP, permits issued under simple stormwater management permits
(SSMPs) do not require construction inspection or monitoring and do
not require construction inspection reporting.
L.
Project completion. Unless specifically required by a condition in
the SSMP, no as-built record drawings and no stormwater certificate
of completion is required to close out the SSMP once the work is completed.
M.
Standard permit conditions. By submitting an application for a SSMP,
the applicant agrees to following standard conditions. The SWPA may
require additional conditions as part of the permit as necessary:
(1)
Standard conditions for any activity, except as exempted under § 204-2B of the Bylaw, that will disturb or alter less than 20,000 square feet of land, or which is part of a common plan for development that will disturb or alter less than 20,000 square feet of land, are as follows:
(a)
The development shall not alter the flow of stormwater runoff
leaving the site, nor shall it alter the stormwater flow to any adjoining
properties, public ways, or wetland resource areas.
(b)
The development shall treat and detain all stormwater runoff
on site using recommend best management practices in accordance with
the latest edition of the Massachusetts Stormwater Handbook.
(c)
The applicant shall provide and maintain erosion and sedimentation
controls until the site is permanently stabilized.
(d)
The applicant shall perpetually inspect and maintain the site
and stormwater management systems.
(2)
Standard conditions for construction or maintenance and repair of
utility lines or systems (gas, water, electric, telephone, fire alarms,
drainage, etc.) that will disturb or alter less than 20,000 square
feet of land and that will temporarily or permanently alter terrain,
ground cover, or drainage patterns, are as follows:
(a)
The development shall not alter the flow of stormwater runoff
leaving the site, nor shall it alter the stormwater flow to any adjoining
properties, public ways, or wetland resource areas.
(b)
The applicant shall treat and detain all stormwater runoff from
disturbed areas on site during construction using recommend best management
practices, including dewatering systems.
(c)
The applicant shall provide and maintain erosion and sedimentation
controls until the site is permanently stabilized.
A.
Massachusetts DEP stormwater management standards. At a minimum,
all projects subject to a SMP or SSMP shall comply with the performance
standards of the most recent version of Massachusetts Department of
Environmental Protection (DEP) stormwater management standards and
accompanying Stormwater Management Handbook, as well as the criteria
contained in this section.
B.
Post-development additional criteria. All projects subject to a SMP
or SSMP shall comply with the performance criteria provided in the
Appendices section of the Regulations, unless otherwise provided for
in the Regulations.[1]
[1]
Editor's Note: The Appendices are included as an attachment
to this chapter.
C.
Erosion and sediment control additional criteria. All erosion and
sediment controls for all projects subject to a SMP or SSMP shall
comply with the performance criteria provided in the Appendices section
of the Regulations, unless otherwise provided for in the Regulations.
A.
The SWPA may waive strict compliance with any requirement of the
Town of Middleton Stormwater Management Bylaw[1] or the rules and regulations promulgated hereunder, where such action is allowed by federal, state and local statutes and/or regulations, is in the public interest, or not inconsistent with the purpose and intent of the Town of Middleton Stormwater Management Bylaw. In lieu of the requirement(s) waived, the SWPA may require the applicant to contribute to the Town of Middleton Water Resources Mitigation Fund. (Note: This fund is named the Stormwater Management Revolving Fund, as approved by vote of 2014 Town Meeting; however, the Stormwater Management Bylaw refers to the same fund as the Town of Middleton Water Resources Mitigation Fund.) The amount for contribution to the fund shall be determined by the SWPA, as authorized by § 204-3G of the Stormwater Management Bylaw.
B.
Waiver process. Any applicant may submit a written request to be
granted such a waiver. Such a request shall be accompanied by an explanation
or documentation supporting the waiver request and demonstrating that
strict application of the Bylaw does not further the purposes or objectives
of the Bylaw or these regulations.
C.
All waiver requests shall be determined at the time of issuance of
a decision for the project.
D.
If in the SWPA's opinion additional time or information is required
for review of a waiver request, the SWPA may request an extension
of the review period.
The SWPA may require the permittee to post before the start
of or during land disturbance or construction activity a surety bond,
irrevocable letter of credit, cash, or other security acceptable to
the Treasurer of the Town of Middleton. The bond shall be in an amount
deemed sufficient by the Board to ensure that the work will be completed
in accordance with the permit. If the project is phased, the SWPA
may release part of the bond as each phase is completed in compliance
with the permit, but a minimum of 10% of the original surety amount
must be retained until the SWPA has received the final inspection
report, issued a certificate of completion, and received proof of
recording of the certificate of completion at the South Essex Registry
of Deeds.
A.
Construction commencement.
(1)
Notice of construction commencement. The applicant must notify the
SWPA seven days prior to the commencement of construction. In addition,
the applicant must notify the SWPA seven days prior to construction
of critical components of any stormwater management facility.
(2)
Pre-construction meeting. The SWPA shall require, unless waived by
the SWPA, a preconstruction meeting prior to starting clearing, excavation,
construction or land disturbing activity by the permittee. The permittee's
technical representative, the general contractor or any other person
with authority to make changes to the project, shall meet with the
SWPA or its representative to review construction sequencing and the
permitted plans and their implementation.
B.
Stormwater management system construction inspection.
(1)
The applicant or its authorized representative is responsible for
performing stormwater management system construction inspections.
At the discretion of the SWPA, the SWPA or its agent will monitor
the stormwater management system construction. All inspections shall
be documented and, as required, written reports shall be prepared
in accordance with standard engineering practices.
(2)
The applicant or its authorized representative shall inspect the
project site at the following stages, at a minimum:
(a)
Initial site inspection: prior to any installations.
(b)
Stormwater management system inspection. An inspection will
be made of the completed stormwater management system, prior to backfilling
of any underground drainage or stormwater conveyance structures.
(c)
Inspection of subgrade: after backfilling.
(d)
Final inspection.
(3)
As-built plans. After the stormwater management system has been constructed and before the surety has been released, all applicants are required to submit to the SWPA, per § 248-6L, actual "as built" plans, certified by a professional engineer, for any stormwater management facilities or practices after final construction is completed. As-built plans shall be full size plans, which reflect the "as built" conditions, including all final grades, and developed by a professional engineer registered in the Commonwealth of Massachusetts. All changes to project design should be recorded in red ink on plans to define changes made. All work deleted, corrections in elevations, and changes in materials should be shown on the as built drawings.
C.
Erosion and sediment control inspection.
(1)
To ensure erosion control practices are in accord with the filed
erosion and sediment control plan, erosion control inspections will
be conducted by the applicant or its authorized representative at
least once every 30 calendar days and within 24 hours of the end of
a storm event of 0.5 inches or greater from the start of construction
until the site is permanently stabilized. The permittee is required
to notify the SWPA of any change in inspection frequency, including
termination of inspections due to site stabilization.
(2)
Inspections must be conducted by qualified personnel (provided by
the operator or cooperatively by multiple operators). "Qualified personnel"
means a person knowledgeable in the principles and practice of erosion
and sediment controls who possesses the skills to assess conditions
at the construction site that could impact stormwater quality and
to assess the effectiveness of any sediment and erosion control measures
selected to control the quality of stormwater discharges from the
construction activity.
(3)
Inspections must include all areas of the site disturbed by construction
activity and areas used for storage of materials that are exposed
to precipitation. Inspectors must look for evidence of, or the potential
for, pollutants entering the stormwater conveyance system. Sedimentation
and erosion control measures identified in the erosion and sediment
control plan must be observed to ensure proper operation. Discharge
locations must be inspected to ascertain whether erosion control measures
are effective in preventing significant impacts to waters of the United
States, where accessible. Where discharge locations are inaccessible,
nearby downstream locations must be inspected to the extent that such
inspections are practicable. Locations where vehicles enter or exit
the site must be inspected for evidence of off-site sediment tracking.
(4)
For each inspection required above, an inspection form must be completed
and kept on site, or submitted to the SWPA upon request. The form
must include the following information, at a minimum:
(a)
The inspection date.
(b)
Names, titles, and qualifications of personnel making the inspection.
(c)
Weather information and a description of any discharges occurring
at the time of the inspection.
(d)
Weather information for the period since the last inspection
(or since commencement of construction activity if the first inspection)
including a best estimate of the beginning of each storm event, duration
of each storm event, approximate amount of rainfall for each storm
event (in inches), and whether any discharges occurred.
(e)
Location(s) of discharges of sediment or other pollutants from
the site.
(f)
Location(s) of BMPs that need to be maintained.
(g)
Location(s) of BMPs that failed to operate as designed or proved
inadequate for a particular location.
(h)
Location(s) where additional BMPs are needed that did not exist
at the time of inspection.
(i)
Corrective action required including any changes to the SWPPP
necessary and implementation dates.
(j)
Corrective actions performed.
(k)
Photographs.
(5)
A record of each inspection and of any actions taken must be retained
until a certificate of completion is received and recorded on the
deed for the property. The inspection reports must identify any incidents
of noncompliance with the permit conditions. Where a report does not
identify any incidents of noncompliance, the report must contain a
certification that the construction project or site complies with
this permit.
(6)
All erosion and sediment control measures and other protective measures
identified in the erosion and sediment control plan must be maintained
in effective operating condition. If site inspections identify BMPs
that are not operating effectively, maintenance must be performed
as soon as possible and before the next storm event whenever practicable
to maintain the continued effectiveness of stormwater controls.
(7)
If existing BMPs need to be modified or if additional BMPs are necessary
for any reason, implementation must be completed before the next storm
event whenever practicable. If implementation before the next storm
event is impracticable, alternative BMPs must be implemented as soon
as possible.
D.
Inadequacy of stormwater management system or erosion and sediment
controls.
(1)
If the stormwater management system is found to be inadequate by
virtue of physical evidence of operational failure, even though it
was built as called for in the stormwater management plan, it shall
be corrected by the applicant before the stormwater certificate of
completion is released. If the applicant fails to act, the SWPA may
use the surety bond to complete the work.
(2)
If the erosion and sediment control system is found to be inadequate
by virtue of physical evidence of operational failure, even though
it was built as called for in the erosion and sediment control plan,
it shall be corrected by the applicant upon notice. If the SWPA determines
that there is a failure to comply with the erosion and sediment control
plan, the property owner shall be notified in writing of the nature
of the violation and the required corrective actions. A stop-work
order shall be issued until any violations are corrected and all work
previously completed has received approval by the SWPA.
(3)
If the SWPA determines that there is a failure to comply with the
stormwater management plan, the property owner shall be notified in
writing of the nature of the violation and the required corrective
actions. A stop-work order shall be issued until any violations are
corrected and all work previously completed has received approval
by the SWPA.
A.
Upon completion, the applicant is responsible for certifying that
the completed project is in accordance with the approved plans and
specifications and shall provide regular inspection records sufficient
to adequately document compliance.
B.
The SWPA will issue a letter certifying completion upon receipt and
approval of the final inspection and reports and/or upon otherwise
determining that all work of the permit has been satisfactorily completed
in conformance with this regulation.
C.
The stormwater certificate of completion must be recorded on the
deed for the property at the Southern Essex District Registry of Deeds.
Any surety held by the SWPA for the permit will be released after
proof of recording of a stormwater certificate of completion is received
by the SWPA.
A.
Maintenance responsibility. The owner of the property on which work
has been performed or a project subject to a stormwater management
permit (SMP) for private stormwater management facilities, or any
other person or agent in control of such property, shall maintain
in good condition and promptly repair and restore all grade surfaces,
walls, drains, dams and structures, vegetation, erosion and sedimentation
controls, and other protective devices. Such repairs or restoration
and maintenance shall be in accordance with approved plans.
B.
Maintenance inspections.
(1)
Stormwater management facilities and practices included in an O&M plan with a Maintenance Agreement in accordance with § 248-6O of these regulations must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the Plan, and these regulations.
(2)
At a minimum, inspections shall occur during the first year of operation and in accordance with the operation and maintenance plan in the approved stormwater management permit. In addition, a maintenance agreement as specified under § 248-6O of these regulations between the owner and the SWPA shall be executed for privately owned stormwater management systems that specify the responsible party for conducting long term inspections.
(3)
Inspection reports for all stormwater management systems shall be
kept on file by the site owner and submitted to the SWPA upon request.
Inspection reports for stormwater management systems shall include:
(a)
The date of inspection.
(b)
Name of inspector.
(c)
The condition of each BMP, including components such as:
[1]
Pretreatment devices.
[2]
Vegetation or filter media.
[3]
Fences or other safety devices.
[4]
Spillways, valves, or other control structures.
[5]
Embankments, slopes, and safety benches.
[6]
Reservoir or treatment areas.
[7]
Inlet and outlet channels and structures.
[8]
Underground drainage.
[9]
Sediment and debris accumulation in storage and forebay areas
(including catch basins).
[10]
Any nonstructural practices.
[11]
Any other item that could affect the proper function of the
stormwater management system.
(d)
Description of the need for maintenance.
(e)
Description of maintenance performed.
C.
Right-of-entry for inspection. The terms of the inspection and maintenance agreement as specified in § 248-6O of these regulations shall provide for the SWPA or its designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. The SWPA, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this regulation and may make or cause to be made such examinations, surveys, or sampling as the SWPA deems necessary, subject to the constitutions and laws of the United States and the commonwealth.
D.
Records of maintenance and repair activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall provide records of all maintenance and repairs to the SWPA upon
request. Parties responsible for the operation and maintenance of
a stormwater management facility shall make records of the installation
and of all maintenance and repairs, and shall retain the records for
at least five years. These records shall be made available to the
SWPA during inspection of the facility and at other reasonable times
upon request.
E.
Failure to maintain.
(1)
If a responsible person fails or refuses to meet the requirements
of the inspection and maintenance agreement, the SWPA, after 30 days'
written notice (except that in the event the violation constitutes
an immediate danger to public health or public safety, 24 hours'
notice shall be sufficient), may correct a violation of the design
standards or maintenance requirements by performing the necessary
work to place the facility or practice in proper working condition.
The SWPA shall assess the owner(s) of the facility for the cost of
repair work, which may be a special assessment against the property
owner or a lien on the property.
(2)
After notification is provided to the person responsible for carrying
out the maintenance plan of any deficiencies discovered from an inspection
of a stormwater management system, the person responsible for carrying
out the maintenance plan shall have 30 days or other time frame mutually
agreed to between the SWPA and the person responsible for carrying
out the maintenance plan to correct the deficiencies. The SWPA shall
then conduct a subsequent inspection to ensure completion of repairs.
A.
The SWPA or an authorized agent of the SWPA shall enforce the Bylaw
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil, criminal and noncriminal remedies for such violations.
B.
Notices and orders.
(1)
The SWPA or an authorized agent of the SWPA may issue a written notice
of violation or enforcement order to enforce the provisions of the
Bylaw or regulations thereunder, which may include requirements to:
(a)
Cease and desist from construction or land-disturbing activity
until there is compliance with the Bylaw and the stormwater management
permit (SMP) or simple stormwater management permit (SSMP).
(b)
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan.
(c)
Perform monitoring, analyses, and reporting.
(d)
Fix adverse impact resulting directly or indirectly from malfunction
of the stormwater management system.
(2)
If the SWPA determines that abatement or remediation of adverse impacts
is required, the order may set forth a deadline by which such abatement
or remediation must be completed. Said order may further advise that,
should the violator or property owner fail to abate or perform remediation
within the specified deadline, the Town of Middleton may, at its option,
undertake such work, and the property owner shall reimburse the Town
of Middleton for expenses incurred.
(3)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner shall be notified of the costs incurred by the Town of Middleton
including administrative costs. If the amount due is not received
within 30 days following a decision of the SWPA affirming or from
a final decision of a court of competent jurisdiction, the costs shall
become a special assessment against the property owner and shall constitute
a lien on the owner's property for the amount of said costs.
Interest shall begin to accrue on any unpaid costs at the statutory
rate provided in MGL c. 59, § 57, after the 31st day at
which the costs first become due.
C.
Criminal penalty. Any person who violates any provision of the Town
of Middleton Stormwater Management Bylaw, regulation, order or permit
issued thereunder may be ordered to correct the violation and/or shall
be punished by a fine of not more than $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
D.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Middleton may elect to utilize the noncriminal disposition procedure set forth in the Town of Middleton General Bylaws under MGL c. 40, § 21D, Chapter 1, § 1-2, in which case the Middleton Police Department or other authorized agent of the Town of Middleton shall be the enforcing person. The penalty for each violation shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Appeals. Appeals of any decisions of the SWPA may be made through
the Middleton Conservation Commission. Further relief shall be to
a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in the Bylaw and these
regulations are not exclusive of any other remedies available under
any applicable federal, state or local law.
If any provision, paragraph, sentence, or clause of these regulations
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
