A.
Purpose. The purpose of this ordinance is to protect the health,
safety, general welfare, and environment in the management, operation,
and maintenance of the Town's stormwater system by regulating
or prohibiting actions detrimental to either the proper quality or
quantity of water in the system. Actions regulated or prohibited include
unauthorized, authorized, improper or proper connections and discharges
to the stormwater system, allowing or enabling pollutants to enter
the system, and causing construction site runoff and post-construction
runoff to enter the system. Stormwater runoff is potentially a major
cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands, groundwater and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Overloading or clogging of municipal stormwater management systems;
and
(6)
Flooding.
B.
Objectives. The objectives of this ordinance are to:
(1)
Protect water resources;
(2)
Comply with state and federal statutes and regulations relating to
stormwater discharges, including total maximum daily load (TMDL) requirements;
(3)
To the extent possible, prevent new pollutants from entering the
Town's municipal separate storm drainage system (MS4)* and reduce
or eliminate pollutants currently entering the Town's MS4 from
existing uses;
*NOTE: Unless otherwise defined in this section, the terms in
this ordinance correspond to definitions found in the Clean Water
Act (33 U.S.C. § 1251 et seq.) and the General Permit for
Storm Water Discharges from Small Municipal Separate Storm Sewer Systems
issued by the U.S. Environmental Protection Agency. Such a permit
is referred to at the federal level as an "MS4" permit. The Town of
Randolph has a stormwater drainage system, not a stormwater sewer
system, so the Town will use the term "MS4" to refer to the Randolph
"Municipal Separate Storm Drainage System," which is covered by the
same federal statutes, permit and regulations.
(4)
Prohibit illicit connections and unauthorized discharges to the MS4
and require their removal;
(5)
Establish minimum construction and post-construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
(6)
Establish provisions for the long-term responsibility for, and maintenance
of, structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety; and
(7)
Establish the Town of Randolph's legal authority to ensure compliance
with the provisions of this ordinance through inspection, monitoring,
and enforcement.
Definitions applicable to this ordinance are provided herein:
Any entity, including without limitation any person, individual,
partnership, association, firm, company, corporation, trust, authority,
agency, department, or political subdivision of the commonwealth or
the federal government to the extent permitted by law, requesting
a land disturbance permit for proposed land-disturbance activity.
An activity, procedure, restraint, or structural improvement
found to be effective and practical to reduce the quantity or improve
the quality of stormwater runoff.
A certified specialist in soil erosion and sediment control.
A CPESC refers specifically to a person holding the certification
provided through the certification program sponsored by the Soil and
Water Conservation Society in cooperation with the American Society
of Agronomy. That certification provides the public with evidence
of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The modification of land or structures 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 MS4 or into the waters of the United States
or commonwealth from any source.
A change in the position, location, or arrangement of soil,
sand, rock, gravel, asphalt or similar earth material.
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 a 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 (BMPs), or equivalent measures designed to control
surface runoff and erosion and sedimentation during preconstruction
and construction-related land disturbance activities.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the MS4, including without limitation sewage,
process wastewater, wash water, and any connections from indoor drains,
sinks, or toilets, regardless of whether said connection was previously
allowed, permitted, or approved before the effective date of the Stormwater
Management Ordinance.
Direct or indirect discharge to the MS4 that is not composed entirely of stormwater, except as exempted in § 195-9. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 195-9(D)(1) of the Stormwater Management Ordinance.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil, including without limitation
roads, paved parking lots, sidewalks, and rooftops.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent or periodic pool of
water, including a retention basin or a detention basin.
The act of conveying surface water into the ground to permit
groundwater recharge and, where applicable, the resulting reduction
of stormwater runoff from a project site.
Any action or activity that causes a change in the position,
location or arrangement of soil, sand, rock, gravel or similar earth
material.
Land uses or activities with higher potential pollutant loadings,
as defined in the Massachusetts Stormwater Management Standards, such
as auto salvage yards, auto fueling facilities, fleet storage yards,
commercial parking lots with high-intensity use, road salt storage
areas, commercial nurseries and landscaping, outdoor storage and loading
areas of hazardous substances or marinas.
MGL c. 131A and its implementing regulations, 321 CMR 10.00,
which prohibit the taking of any rare plant or animal species listed
as endangered, threatened, or of special concern.
The standards issued by the Department of Environmental Protection,
and as amended, that coordinate 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 through 56. The policy
addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and controlling the quantity of runoff from a site.
Municipal separate storm sewer or drainage 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 of Randolph, including the Randolph
Municipal Separate Storm Drainage System.
A permit issued by the United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Discharge to the MS4 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 ensure that it continues to function as designed.
A person with a legal or equitable interest in property.
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.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any MS4, sewage treatment works or waters of the
commonwealth. Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, accumulations or floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes, sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt and soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface 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
disturbance activities are, were, or will be performed.
Any earth, sand, rock, gravel, or similar material.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
A public official or body authorized to promulgate, review
and adopt stormwater regulations pursuant to this Stormwater Ordinance,
to issue permits pursuant to any such stormwater regulations and/or
this Stormwater Ordinance, and to enforce such stormwater regulations
and this Stormwater Ordinance. The Stormwater Authority or its designee
shall be the Enforcement Authority for this ordinance and any regulations
issued hereunder.
A plan required as part of the application for a land disturbance
permit which addresses the status of stormwater on a given site and
the proposed methods for managing, directing or controlling stormwater
on that site during and after any land disturbance activity.
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
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, by-product
or waste product.
A natural or man-made channel through which water flows,
or a stream of water including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, or in the Town of Randolph Wetlands
Protection Ordinance as wetland resource areas.
Tidal and nontidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, including freshwater
marshes around ponds and channels (rivers and streams), brackish and
salt marshes; common names include "marshes," "swamps" and "bogs."
This ordinance is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the home rule statutes,
the Federal Clean Water Act and the regulations thereunder (40 CFR
Part 122, Subpart B and in particular 40 CFR 122.34) as they may be
amended, and the Charter of the Town of Randolph.
A.
The Stormwater Authority for the Town of Randolph shall be the Superintendent
of the Randolph Department of Public Works (DPW).
B.
The Stormwater Authority shall administer, implement and enforce
this ordinance. Any powers granted to or duties imposed upon the Stormwater
Authority may be delegated in writing by the Stormwater Authority
to its employees or agents.
C.
The Stormwater Authority shall promulgate, review and adopt stormwater
regulations pursuant to this Stormwater Ordinance and for the purpose
of effectuating this ordinance. Said regulations shall be adopted
only after public notice in a newspaper of general circulation, a
public hearing and the filing of the regulations with the Town Clerk.
D.
The Stormwater Authority shall enforce such stormwater regulations
and this Stormwater Ordinance.
E.
The Stormwater Authority shall have the authority to issue any permits
provided for under this ordinance or the stormwater regulations.
F.
Failure of the Stormwater Authority to promulgate or adopt regulations
pursuant to this ordinance or a determination of their invalidity
by final order of a court of competent jurisdiction shall not have
the effect of suspending or invalidating this ordinance.
A.
Following a public hearing on a waiver request, the Stormwater Authority
may waive strict compliance with any requirement of this ordinance
or the rules and regulations promulgated hereunder, where such action:
B.
All waiver requests shall be submitted in writing and shall be accompanied
by an explanation or documentation supporting the waiver request and
demonstrating that strict application of the ordinance does not further
the purposes or objective of this ordinance.
C.
Whenever an applicant files an application under this ordinance or
the accompanying regulations, the applicant shall include waiver requests
that relate to the application. If the application requires a public
hearing, the waiver request and the application shall be heard at
the same public hearing. If the application does not otherwise require
a public hearing, a public hearing shall be held concerning the waiver
request prior to action being taken on the application. Subsequent
waiver requests relating to the application shall not be permitted
unless the Stormwater Authority determines that the waiver request
could not have been made as part of the original application and that
the subsequent waiver request is necessitated by a change in circumstances.
D.
If in the Stormwater Authority's opinion, additional time or
information is required for review of a waiver request, the Stormwater
Authority may request such additional information and, with the applicant's
permission, may continue a hearing to a certain date announced at
the meeting. In the event the applicant fails to provide requested
information relating to the waiver request, the waiver request shall
be denied.
A.
The Stormwater Authority may adopt, and periodically amend, regulations,
rules and/or written guidance relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this ordinance,
but only after conducting a public hearing to receive comments on
such proposed adoption. Such hearing shall be advertised in a newspaper
of general local circulation, at least 14 days prior to the hearing
date.
B.
Such regulations, rules or guidance may include, without limitation,
provisions for the establishment of one or more categories of administrative
review approvals for specific types or sizes of projects. Administrative
review applications that meet all the standard requirements may be
issued by one or more agents designated in writing by the Stormwater
Authority, without the requirement for a public hearing. Administrative
review approval shall comply with all other provisions of this ordinance.
The provisions of this ordinance are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this ordinance
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this ordinance.
