(a)Â
Regulation of discharges to the municipal separate storm sewer system
(MS4) is necessary for the protection of the City's water bodies
and groundwater, and to safeguard the public health, safety, welfare
and the environment. Increased and contaminated stormwater runoff
associated with developed land uses and the accompanying increase
in impervious surface are major cause of:
(b)Â
Therefore, this chapter establishes clearing, grading and stormwater
management standards for the final conditions that result from development
and redevelopment projects to minimize adverse impacts offsite and
downstream which would be borne by abutters, City residents and the
general public. Regulation of clearing and grading activities will
also protect and preserve existing healthy native trees and vegetation,
and minimize fragmentation of wildlife habitat.
(c)Â
Further, the chapter prohibits nonstormwater discharges to municipal
storm drains that could contribute contaminants and additional flow
to the City drain system.
(d)Â
The objectives of this chapter are:
(1)Â
To require enhanced and low impact development practices that control
the flow of stormwater from new and redeveloped sites into the City's
storm drainage system in order to prevent flooding and erosion;
(2)Â
To prohibit illicit connections and unauthorized discharges to the
City's MS4;
(3)Â
To require removal of all such illicit connections;
(4)Â
To require practices that eliminate soil erosion and sedimentation
and control the volume and rate of stormwater runoff resulting from
land disturbance activities;
(5)Â
To promote infiltration and the recharge of groundwater;
(6)Â
To promote preservation of existing healthy trees and vegetation;
(7)Â
To ensure that soil erosion and sedimentation and stormwater runoff
control practices are incorporated into the site planning and design
process and are implemented and maintained;
(8)Â
To require practices to control waste such as discarded building
materials, concrete truck washout, chemicals, vehicle and equipment
fluids, litter, and sanitary waste at the construction site that may
cause adverse impacts to water quality;
(9)Â
To protect groundwater and surface water and wetland resource areas
from degradation;
(10)Â
To prevent pollutants from entering the City's municipal
separate storm sewer system (MS4) and to minimize discharge of pollutants
from the MS4;
(11)Â
To ensure adequate long-term operation and maintenance of structural
stormwater best management practices so that they work as designed;
(12)Â
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(13)Â
To establish the City's legal authority to ensure compliance
with the provisions of this chapter through permitting, inspection,
monitoring, and enforcement.
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
The employees and/or agents of the Department of Public Services
(DPS). An applicant that is required to obtain a permit from the Conservation
Commission and/or DEP must obtain such permit prior to applying under
this chapter.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, or department (including local,
state and federal government) required to apply for a stormwater management
permit for proposed land disturbance or construction activity.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The City of Pittsfield Community Development Board.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, vehicle and equipment fluids,
soils, aggregates, chemicals, litter and sanitary waste at a construction
site that may adversely impact water quality.
Any surface or subsurface means of transporting stormwater
runoff from an impervious surface, detention, or retention basin to
another point on the same or on a neighboring parcel of land.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the wetland
resource areas.
A person or persons who discharge any pollutant or combination
of pollutants into the municipal storm drain system or into the wetland
resource areas from any source.
Any area where activities have changed, or will cause change
to, the physical, chemical, and biological influences of land surface(s).
Examples of disturbed areas include, but are not limited to, the following:
The changing of preexisting drainage characteristics, soil/surface
permeability, flushing characteristics, sedimentation patterns, flow
patterns and flood retention areas;
Areas involved in the translocation of any soil, parent materials,
and the derivatives of parent material;
The destruction of vegetation;
Any area causing or contributing to an excursion above water
quality standards due to nutrients (nitrogen and phosphorous), solids,
bacteria/pathogens, metals, and hydrocarbons.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during preconstruction and construction
related land disturbance activities.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act regulations
(310 CMR 10.00) and the Forest Cutting Practices Act regulations (304
CMR 11.00).
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, 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 allowed or approved before
the effective date of this chapter.
Discharges of untreated stormwater. Notwithstanding the foregoing,
an illicit discharge does not include discharges from the following
activities or facilities: fire fighting, waterline flushing, landscape
irrigation, uncontaminated groundwater, potable water sources, foundation
drains, air-conditioning condensation, footing drains, individual
resident car washing, flows from riparian habitats and wetlands, dechlorinated
water from swimming pools, water used for street washing and water
used to clean residential buildings without detergents.
One of six minimum control measures regulated under the City's
NPDES Phase II MS4 permit. The federal regulation governing implementation
of the IDDE program under this permit is Section (b)(3) of 40 CFR
122.34, "Storm Water Phase II Regulations."
All surfaces influenced by anthropogenic actions that prohibits,
or greatly reduces, the ability of that land's surface to absorb
water. Examples of an impervious surface include, but are not limited
to, the following:
Any paved (concrete, bitumen, brick/stone pavers, etc.) area,
including, but not limited to, driveways, roadways, parking lots,
airport runways, tennis/basketball courts, and patios. For the purposes
of this chapter, porous pavement is to be considered an impervious
surface;
Compacted earth material (gravel, stone, clay, etc.);
Structures, including, but not limited to, buildings, homes,
sheds and other outbuildings, swimming pools, stonewalls, pole barns,
and storage sheds; and
Areas containing long-term stockpiles of construction materials,
including, but not limited to, wood, concrete, brick, and landscaping
stone.
A paved access road or driveway; a paved area used for the
storage and/or maintenance of vehicles and/or equipment; a paved area
used for the storage of materials, products and/or waste and a roof,
other than a green roof constructed in accordance with the Massachusetts
Stormwater Handbook. The term "paved access road or driveway" includes
an impervious surface leading to any of the following: a paved parking
area; a paved area used for the storage and/or maintenance of vehicles
and/or equipment; or a paved area used for the storage of materials,
products and/or waste. For purposes of this chapter, porous pavement
is considered to be an impervious surface.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40 and Massachusetts Clean
Waters Act MGL c. 21, § 23-56. The policy addresses stormwater
impacts through implementation of performance standards to 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 City of Pittsfield.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
The point at which stormwater flows out from a point source
discernible, confined, and discrete conveyance into waters of the
commonwealth.
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociologic, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts water quality standards
(314 CMR 4.00) and the Massachusetts stormwater management standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
A person(s) with a legal or equitable interest in property.
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any contaminant that could potentially harm a water body
or aquatic life.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
Rainfall, snow melt, stormwater runoff, snow melt runoff,
and surface water runoff and drainage.
A plan required as part of the application for a stormwater management permit, as described in Section 26-13.
Total suspended solids (solid particles in the water).
A natural or man-made channel through which water flows,
or a stream of water, including a river, brook or underground stream.
All wetlands and watercourses protected under the Massachusetts
Wetlands Protection Act and the Pittsfield Conservation Commission.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
(a)Â
All new stormwater conveyances that discharge into areas subject
to jurisdiction under MGL c. 131, § 40 and 310 CMR 10.02(1)
of the Wetlands Protection Act and their associated buffers zones.
(b)Â
Any cumulative land-disturbing activity greater than 0.5 acre in
area is to, at minimum, incorporate temporary best management practices
and construction period erosion control devices following guidelines
set forth in the Erosion and Sediment Control for Urban and Suburban
Areas, Massachusetts Department of Environmental Protection ("Handbook").
(c)Â
Any cumulative land-disturbing activity greater than one acre in area which would result in any increased amount of stormwater runoff from the property to other public/private property shall comply with Section 26-8 of this chapter. In the case of new real estate subdivisions where approval is required and where approval is not required under the Subdivision Control Law, MGL c. 41, §§ 81K to 81G, all land-disturbing activity is to be determined over the cumulative area of the original common plan of land, and not determined by the individual subdivided lots.
(d)Â
Any authorized stormwater conveyances that discharge into the regulated
MS4.
(a)Â
Maintenance work to ways, utilities, or structures owned by the City
of Pittsfield.
(b)Â
Normal maintenance and improvement of land in agricultural use as
defined in 310 CMR 10.04 of the Massachusetts Wetlands Protection
Act.
(c)Â
Maintenance, repair and improvement, but not expansion of, existing
impervious surfaces (provided that the repair and/or improvement do
not increase surface water runoff rates), maintained lawn and gardens
areas, residential on-site sewage disposal systems, residential potable
wells. The maintenance of an approved stormwater management system
having an approved operation and maintenance plan constructed after
November 18, 1996, is exempt from this chapter.
(d)Â
The construction of fencing that will not substantially alter existing
terrain or drainage patterns.
(e)Â
Logging or forestry activities undertaken under an approved forest
management plan.
(f)Â
Routine maintenance of vegetation, including, but not limited to,
nuisance plant material (terrestrial and aquatic) and treatment, removal
of dead or diseased limbs and/or trees necessary to maintain the health
of cultivated plants, to contain noxious weeds and/or vines in accordance
with a Department of Environmental Management Approved Forest Management
Plan, or to remedy a potential threat to public safety.
(g)Â
Industrial stormwater discharges with a valid NPDES permit (copy
provided to City) and that discharge outside of wetland resource areas
and their associated buffer zone.
(h)Â
Discharges or flows resulting from firefighting activities or other
authorized hydrant use are exempt.
(i)Â
The following nonstormwater discharges or flows are exempt from the
prohibitions of this chapter, provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system:
(1)Â
Waterline flushing;
(2)Â
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or air-conditioning
condensation;
(3)Â
Discharge from landscape irrigation or lawn watering;
(4)Â
Water from individual residential car washing; washing and rinsing
should be done on grass area;
(5)Â
Discharge from dechlorinated swimming pool water (less than one ppm
chlorine), provided the water is allowed to stand for one week following
last chlorination prior to draining and the pool is drained in such
a way as not to cause a nuisance;
(6)Â
Discharge from street sweeping;
(7)Â
Flow from potable water sources;
(8)Â
Natural groundwater discharges (e.g., springs);
(9)Â
Natural flow from riparian habitats and wetlands;
(10)Â
Diverted stream flow;
(11)Â
Rising groundwater;
(12)Â
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20), or uncontaminated pumped groundwater (e.g., sump pump),
provided that the operator seeks written approval from the applicable
authority prior to discharge, and thereafter discharges in accordance
with the applicable laws and regulations to be issued by the applicable
authority;
(13)Â
Dye testing, provided verbal notification is given to the applicable
authority prior to the time of the test;
(14)Â
Nonstormwater discharge permitted under an NPDES permit, waiver,
or waste discharge order administered under the authority of the United
States Environmental Protection Agency, provided that the discharge
is in full compliance with the requirements of the written approval,
waiver, or order and applicable laws and regulations; and
(15)Â
Discharge for which advanced written approval is received from
the applicable authority as necessary to protect the public interest.
(a)Â
The applicable authority shall administer, implement and enforce
this chapter. Any powers granted to or duties imposed upon the applicable
authority may be delegated, in writing, by the applicable authority
to its employees or agents.
(a)Â
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
municipal separate storm sewer system (MS4), into an open drainage
course, or into jurisdictional wetland resource areas. Where actions
involve the alteration of less than 0.5 continuous acre of land, such
actions shall not discharge stormwater without first complying with
the regulations of this chapter.
(b)Â
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 the connection.
(c)Â
Obstruction of municipal storm drain system (MS4). No person shall
obstruct or interfere with the normal flow of stormwater into or out
of the MS4 without prior consent from the applicable authority. No
person shall dump or dispose of yard waste (leaves, grass clippings,
etc.) into the open watercourses (swales, brooks and streams,) that
make up the MS4.
(d)Â
No person shall discharge, or cause to be discharged, water or any
other liquid on to the streets, sidewalks or ways of the City in such
a manner as to cause an obstruction of traffic or to endanger travel
by freezing, flooding, or otherwise. This shall include chlorinated
pool water.
(e)Â
Drains. No one shall tie any pump, cellar, yard, roof or area drain
directly into the municipal water drainage system without approval
from the applicable authority.
(f)Â
Catch basins. No person shall directly or indirectly dump, discharge,
or cause or allow to be discharged into any catch basin any solid
waste, construction debris, paint or paint product, antifreeze, hazardous
waste, oil, gasoline, grease and all other automotive and petroleum
products, solvents, and degreasers, drain cleaners, commercial and
household cleaners, soap, detergent, ammonia, food and food waste,
grease or yard waste, animal feces, dirt, sand, gravel or other pollutant.
Any person determined by the applicable authority to be responsible
for the discharge of the above substances to a catch basin may be
held responsible for cleaning the catch basin and any other portions
of the stormwater system impacted according to the City standards
and requirements or paying the cost for such cleaning. In addition,
the person shall be responsible for paying any penalties assessed
by the City.
(g)Â
Septage. No person shall discharge or cause or allow to be discharged
any septage or septage tank or cesspool overflow into the City's
stormwater drainage system.
(h)Â
Storage and disposal of hazardous material. The disposal of waste,
gasoline, or any other hazardous material into the storm drainage
system is strictly prohibited and is in violation of state and federal
pollution laws.
(i)Â
Private drainage system. It is prohibited for anyone with a private
drainage system from tying into the public stormwater disposal system
without a permit from the applicable authority. The maintenance of
any and all private drainage systems shall be the responsibility of
the owners.
(a)Â
Design parameters. Stormwater design shall be evaluated using Standards
2 through 10 of the DEP Massachusetts Stormwater Management Standards
using the applicable Best Management Practices (BMP) Guidelines, set
forth in the latest editions of the Massachusetts Stormwater Handbook,
Volumes 1 to 3 ("Guidelines"), and its companion book, Erosion and
Sediment Control for Urban and Suburban Areas, Massachusetts Department
of Environmental Protection ("Handbook"). Rainfall data shall be obtained
from the most recent accepted data available, but shall not be less
than those design storms referenced in the "Atlas of Precipitation
Extremes for the Northeastern United States and Southeastern Canada"
(http://www.nrcc.cornell.edu/reports/RR 93-5.pdf). For Standard 4
of the DEP Massachusetts Stormwater Management Standards, applicants
shall use a water quality volume of one inch of runoff times the amount
of total impervious area of the construction phase and post-development
condition on all projects and all stormwater management systems on
new and redeveloped sites shall be designed to either:
(1)Â
Retain the first one inch of runoff from all impervious surfaces
on site; or
(2)Â
Provide the level of pollutant removal equal to or greater than the
level of pollutant removal provided through the use of biofiltration
on the first one inch of runoff from all impervious surfaces on site.
This standard shall be met through a combination of practices designed
to retain runoff on site (environmentally sensitive site design, low-impact
development techniques) where technically feasible, and stormwater
BMPs designed to treat the remainder of runoff that cannot be retained
on site due to site constraints. The level of pollutant removal from
BMPs shall be calculated consistent with EPA Region 1's BMP Performance
Extrapolation Tool. (Note: The BMP Performance Extrapolation tool,
instructions and background can be found here: http://www.epa.gov/region1/npdes/stormwater/.)
BMPs shall be optimized for nitrogen and phosphorous removal.
(3)Â
Redevelopment of previously developed sites shall meet the applicable
guidelines and handbook standards, principally Standards 4, 5, 6,
8 and 9, to the maximum extent practicable. However, if it is not
practicable to meet all standards, new (retrofitted or expanded) stormwater
management shall, at a minimum, be designed to improve existing conditions.
(4)Â
The post-development peak discharge rate is equal or less than the
pre-development rate from the two-year, ten-year, twenty-five-year,
and one-hundred-year twenty-four-hour storms. If increased off-site
flooding will result from peak discharges from the one-hundred-year
twenty-four-hour storm, BMPs must be provided to attenuate these discharges.
(5)Â
The annual recharge from the post-development site shall approximate
the annual recharge rate from pre-development conditions based on
soil type. Post-development infiltration volume of precipitation into
the ground shall be at least as much as infiltration pre-development.
(6)Â
At sites with Class D soil hydrologic groups, or that have bedrock
at or near the surface, Standard No. 3 of the MA Stormwater Management
Standards may be waived provided that a preponderance of evidence
clearly supports that infiltration volumes of 0.10 inch of runoff
multiplied by the amount of impervious surfaces is unobtainable. It
is the responsibility of the applicant to provide infiltration rates
throughout the soil profile (A and B horizons, and C layer), and provide,
to the best extent practicable, BMPs that promote infiltration.
(7)Â
The system shall remove 80% of the average annual post-construction
load of total suspended solids (TSS).
(8)Â
The developer is strongly encouraged to utilize environmentally sensitive
site design techniques, including, but not limited to, low-impact
development (LID) and nonstructural best management practices (BMPs)
whenever possible, to reduce costs and to minimize disturbance to
the site.
(b)Â
Stormwater management submittal requirements.
(1)Â
The stormwater management plan shall contain sufficient information
for the applicable authority to evaluate the environmental impact,
effectiveness, and applicability of the measures proposed by the applicant
for reducing the adverse impacts from stormwater. It shall include:
a.Â
A locus map;
b.Â
The existing zoning and land use of the site;
c.Â
The proposed land use;
d.Â
The location(s) of existing and proposed easements;
e.Â
The location of existing and proposed utilities;
f.Â
The site's existing and proposed topography with contour intervals
of two feet or less;
g.Â
The existing site hydrology;
h.Â
Field data. At a minimum, field data is to consist of the items listed
below:
[1]Â
Test pits, with a minimum depth of four feet and also at least
two feet below the bottom of the proposed exfiltration components
of the system. Test pit logs shall document the estimated seasonal
high groundwater table, soil horizons, soil texture, and any refusal
or perched soil depths.
[2]Â
Infiltration test. Stormwater infiltration is not permitted
through fill materials composed of asphalt, brick, concrete, construction
debris, and materials classified as solid or hazardous waste. Test
shall be performed using the "Static," "Simple Dynamic," or "Dynamic
Field" Method, whichever is most applicable to the system design.
A mounding analysis shall be provided in areas where vertical separation
from the bottom of the exfiltration system to the estimated seasonal
high groundwater table is less than four feet and the recharge system
is proposed to attenuate the 10 year of higher twenty-four-hour storm
event. In the event a mounding analysis is to be performed, the Hantush
Method, or another equivalent method, is to be used. Standard septic
system percolation testing is not an acceptable infiltration test.
i.Â
A description and delineation of existing stormwater conveyances;
j.Â
Impoundments, and state and local jurisdictional wetlands on or adjacent
to the site or into which stormwater flows;
k.Â
A delineation of one-hundred-year floodplains, if applicable;
l.Â
Estimated seasonal high groundwater elevation (November to April)
in areas to be used for stormwater retention, detention, or infiltration;
m.Â
The existing and proposed vegetation and ground surfaces with runoff
coefficient for each;
n.Â
A drainage area map showing pre- and post-construction watershed
boundaries, drainage areas and stormwater flow paths;
o.Â
A description and drawings of all components of the proposed drainage
system, including:
[1]Â
Locations, cross sections, and profiles of all brooks, streams,
drainage swales and their method of stabilization;
[2]Â
All measures for the detention, retention or infiltration of
water;
[3]Â
All measures for the protection of water quality;
[4]Â
The structural details for all components of the proposed drainage
systems and stormwater management facilities;
[5]Â
Notes on drawings specifying materials to be used, construction
specifications, and typicals;
[6]Â
Hydrologic soil group and soil texture; and
[7]Â
Expected hydrology with supporting calculations.
p.Â
Proposed improvements, including location of buildings or other structures,
impervious surfaces, and drainage facilities, if applicable;
q.Â
Computations for pre- and post-development calculations for twenty-four-hour
storm events with return periods of two-, ten-, twenty-five-, and
one-hundred-year probability;
r.Â
A stormwater management report providing certification of the design
to show that there is adequate disposal capacity for the drainage
water and surface runoff. The report shall include all off-site watershed
influences, including existing storm sewers, streams and/or tributaries
and downstream watercourses;
s.Â
Timing, schedules, and sequence of development including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization;
t.Â
A maintenance schedule for the period of construction; and
u.Â
Any other information requested by the applicable authority.
(2)Â
A stormwater management report written narrative and a completed
MA DEP Checklist for Stormwater Reports.
(3)Â
An operation and maintenance plan as per Standard 9 in the Massachusetts
DEP Stormwater Handbook.
(4)Â
An erosion and sediment control plan as per Standard 8 in the Massachusetts
DEP Stormwater Handbook.
(a)Â
Filing application. The site owner or his agent shall file with the
applicable authority four copies of a completed application package
for a stormwater management permit (SMP). 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:
(1)Â
A completed application form with original signatures of all owners;
(2)Â
A list of abutters within 100 feet of the subject parcels property
lines, certified by the Assessor's Office;
(3)Â
Four copies of the stormwater management plan and project description as specified in Section 26-8(b)(1);
(4)Â
Four copies of the operation and maintenance plan as required by Section 26-8(b)(3) of this chapter;
(5)Â
Four copies of the erosion and sediment control plan as specified in Section 26-8(b)(4) of this chapter;
(6)Â
One copy of the application form, the erosion and sediment control
plan, the stormwater management plan, the operation and maintenance
plan, and the list of abutters filed with the City Clerk; and
(7)Â
Payment of the application and review fees.
(b)Â
Entry. Filing an application for a permit grants the applicable authority,
or its agent, permission to enter the site to verify the information
in the application and to inspect for compliance with the resulting
permit.
(c)Â
Other boards. The applicable authority shall notify the City Clerk
of receipt of the application, and shall give one copy of the application
package to each of the Conservation Commission, Building Inspector
and the Community Development Department for review and comment.
(d)Â
Fee structure. The applicable authority shall obtain with each submission
an application fee established by the applicable authority to cover
expenses connected with the application review of the stormwater management
permit. A technical review fee may also be required to cover professional
review (per MGL c. 44, § 53G, and its amendments). The applicable
authority is authorized to retain a registered professional engineer
or other professional consultant to advise the applicable authority
on any or all aspects of these requirements. Applicants must pay review
fees before the review process may begin.
(e)Â
Actions. The applicable authority's action, rendered in writing,
shall consist of either:
(1)Â
Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in Section 26-8 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this chapter;
(f)Â
Failure of the applicable authority to take final action upon an
application within the time specified above shall be deemed to be
approval of said application. Upon certification by the City Clerk
that the allowed time has passed without applicable authority action,
the applicable authority must issue a stormwater management permit.
(g)Â
Project completion. At completion of the project the permittee shall
submit as-built record drawings of all structural stormwater controls
and treatment best management practices required for the site. The
as-built drawing shall show deviations from the approved plans, if
any, and be certified by a registered professional engineer. A digital
copy of such plan, compatible with ESRI-ARC GIS software, shall be
submitted to the City.
(a)Â
The applicable authority may suspend municipal storm drain system
access to any person or property without prior written notice when
such suspension is necessary to stop an actual or threatened discharge
of pollutants that presents imminent risk of harm to the public health,
safety, welfare or the environment. In the event any person fails
to comply with an emergency suspension order, the applicable authority
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
(b)Â
A person commits an offense if the person reinstates water service,
sanitary sewer service, and/or MS4 access to premises terminated pursuant
to this chapter, without the prior written approval of the applicable
authority.
(a)Â
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, and other
obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. In addition, the owner
or lessee shall maintain existing privately owned structures within
or adjacent to a watercourse so that such structures will not become
a hazard to the use, function, or physical integrity of the watercourse.
(b)Â
Failure by the property owner to maintain the watercourse does not
constitute an obligation on the part of the City to assume this responsibility.
(a)Â
Notwithstanding other requirements of local, state or federal law,
as soon as a person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of or suspects a release of materials at that facility or operation
resulting in or which may result in discharge of pollutants to the
municipal drainage system or wetland resource areas, the person shall
take all necessary steps to ensure containment and cleanup of the
release. In the event of a release of oil or hazardous materials,
the person shall immediately notify the municipal fire and police
departments. In the event of a release of nonhazardous material, the
reporting person shall notify the applicable authority no later than
the next business day. The reporting person shall provide to the applicable
authority written confirmation of all telephone, facsimile or in-person
notifications within three business days thereafter. If the discharge
of prohibited materials is from a commercial or industrial facility,
the facility owner or operator of the facility shall retain on site
a written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three
years.
(a)Â
Pre-construction meeting. Prior to starting clearing, excavation,
construction, or land-disturbing activity, the applicant, the applicant's
technical representative, the general contractor or any other person
with authority to make changes to the project shall meet with the
applicable authority, to review the permitted plans and their implementation.
(b)Â
Authority inspection. The applicable authority or its designated
agent shall make inspections as hereinafter required and shall either
approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the permit as approved. The
applicant shall pay all fees associated with inspection services.
The City shall select a qualified inspector. The permit and associated
plans for grading, stripping, excavating, and filling work, bearing
the signature of approval of the applicable authority, shall be maintained
at the site during the progress of the work. In order to obtain inspections,
the permittee shall notify the applicable authority at least two working
days before each of the following events:
(1)Â
Erosion and sediment control measures are in place and stabilized;
(2)Â
Site clearing has been substantially completed;
(3)Â
Rough grading has been substantially completed;
(4)Â
Final grading has been substantially completed;
(5)Â
Close of the construction season; and
(6)Â
Final landscaping (permanent stabilization) and project final
completion.
(c)Â
Permittee inspections. The permittee or his/her agent shall conduct
and document inspections of all control measures no less than weekly
or as specified in the permit, and prior to and following storms that
exceed the statistical two-year, twenty-four-hour event. The purpose
of such inspections will be to determine the overall effectiveness
of the control plan, and the need for maintenance or additional control
measures. The permittee or his/her agent shall submit monthly reports
to the applicable authority or designated agent in a format approved
by the applicable authority.
(a)Â
The applicable authority may require the permittee to post before the start of land disturbance or construction activity a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the performance guarantee shall be approved by the City Solicitor, and be in an amount deemed sufficient by the applicable authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the applicable authority may release part of the performance guarantee as each phase is completed in compliance with the permit but the performance guarantee may not be fully released until the applicable authority has received the final inspection report as required by Section 26-13 and issued a certificate of completion.
(a)Â
The applicable authority or an authorized agent of the applicable
authority shall enforce this chapter, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
(b)Â
Orders.
(1)Â
The applicable authority or an authorized agent of the applicable
authority may issue a written order to enforce the provisions of this
chapter or the regulations thereunder, which may include requirements
to:
a.Â
Cease and desist from construction or land-disturbing activity
until there is compliance with the chapter and the stormwater management
permit;
b.Â
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan;
c.Â
Perform monitoring, analyses, and reporting; and
d.Â
Remediate adverse impact resulting directly or indirectly from
malfunction of the stormwater management system.
(2)Â
If the enforcing person determines that abatement or remediation
of adverse impacts is required, the order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
City may, at its option, undertake such work, and the property owner
shall reimburse the City's expenses.
(3)Â
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 City, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the applicable
authority within 30 days of receipt of the notification of the costs
incurred. If the amount due is not received by the expiration of the
time in which to file a protest or within 30 days following a decision
of the applicable authority affirming or reducing the costs, 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)Â
Criminal and noncriminal penalty. Refer to Chapter 4Â 1/2, Criminal and Noncriminal Enforcement.
(d)Â
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law.
If any provision, paragraph, sentence, or clause of this chapter
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
