[Added 7-24-2018; amended 1-2-2024]
As used in this article, the following terms shall have the
meanings indicated:
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 stormwater management permit or approval from
the enforcement authority.
Drawings that completely record and document aspects and
features of a project site post development. As-built drawings must
be stamped by a professional engineer.
Structural, nonstructural, and managerial techniques that
are recognized to be an effective and practical means to prevent and/or
reduce increases in stormwater volumes and flows, reduce point source
and nonpoint source pollution, and promote stormwater quality and
protection of the environment. Structural BMPs are stationary and
permanent BMPs that are designed, constructed, and operated solutions
to prevent or reduce the discharge of pollutants in stormwater. Nonstructural
BMPs are nonengineered, nonconstructed solutions to prevent or reduce
the discharge of pollutants in stormwater such as LID site maintenance,
education, natural measures, site planning, and pollutant prevention.
A specialist in soil erosion and sediment control certified
by EnviroCert, which is a certification program sponsored by the Soil
and Water Conservation Society in cooperation with the American Society
of Agronomy.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
A common plan of development goes across boundary lines affecting
adjacent lots with disturbance equal to or greater than one acre within
five years of initial permitting of the first lot.
The addition of any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States.
A structure designed to convey, capture, retain, or discharge
stormwater such as drain manholes, catch basins, or outfalls.
The Executive Director of Lowell Regional Wastewater Utility,
or his or her duly authorized representative agents, assistants, or
designees, or other authorized City entities such as plumbing inspectors
or the City Engineer.
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
activities.
Water beneath the surface of the ground, residing within
the cracks, crevices and spaces in soil, sand, and rock.
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 (subject to state and federal
regulations).
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system. Any unauthorized
active or inactive connection is considered an illicit connection.
Any direct or indirect nonstormwater discharge to the municipal storm drain system except as exempted in § 272-110E(2) of this article.
Any surface that prevents or impedes the infiltration of
water into the underlying soil. This can include, but is not limited
to, paved areas and other areas created using nonporous material,
buildings, rooftops, structures, artificial turf and compacted gravel
or soil.
The process of percolating stormwater into the subsoil.
Any activity that changes the volume or peak flow discharge
rate of rainfall runoff from the land source; causes a change in the
position or location of soil, sand, rock, gravel, or similar earth
material; results in an increased amount of runoff or pollutants;
results in measurable changes to the ability of a ground surface to
infiltrate waters; involves clearing, grading, or excavating, including
grubbing; or results in an alteration of drainage characteristics.
Systems and practices to minimize runoff and pollutant loading
by managing runoff as close to its source(s) as possible. LID use
or mimic natural processes that result in the infiltration, evapotranspiration
or use of stormwater in order to protect water quality and associated
aquatic habitat. LID employs principles such as preserving and recreating
natural landscape features and minimizing effective imperviousness
to create functional and appealing site drainage that treat stormwater
as a resource rather than a waste product. Examples of LID practices
include but are not limited to bioretention facilities, rain gardens,
vegetated rooftops, rain barrels and permeable pavements.
The system of conveyances designed or used for collecting
or conveying stormwater, including inlets, piped storm drains, pumping
facilities, retention or detention basins, treatment structures, natural
or man-made or altered drainage channels, reservoirs, and other drainage
structures, that together comprise the storm drainage system owned
or operated by the City of Lowell.
A permit issued under the authority of the Clean Water Act[1] by the United States Environmental Protection Agency that
authorizes the discharge of pollutants to waters of the United States.
Any construction activity or land alteration on an area that
has not previously been developed to include impervious cover.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal, and urban runoff sources.
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.
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.
Substances that are chemical, physical, or biological materials
that contaminate the environment and cause pollution. These include,
but are not limited to, dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, construction wastes and residues including
discarded building materials, concrete truck washout, chemicals, litter,
and sanitary wastes and industrial, municipal and agricultural waste
discharged into water.
Conditions after the culmination of a new development or
redevelopment project, and does not depict conditions during the construction
phases of a project.
The conditions that exist at the time when plans for the
land development of a tract are submitted to the enforcement authority.
Where phased development or phased plan approval occurs (preliminary
grading, roads, utilities, etc.), the existing conditions at the time
prior to the first plan submission shall establish predevelopment
conditions.
The system of conveyances designed or used for collecting
or conveying stormwater, including inlets, piped storm drains, pumping
facilities, retention or detention basins, treatment structures, natural
or man-made or altered drainage channels, reservoirs, and other drainage
structures, that together comprise a storm drainage system that is
privately owned and operated.
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground or impervious surfaces.
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.
The areal extent of property on which construction activities
occur, as defined by the site boundary and/or the stormwater management
plan.
Any earth, sand, rock, gravel, or similar material.
Any flow occurring during, following, or resulting from any
form of natural precipitation, including snowmelt. This flow shall
not include any industrial or domestic wastewater.
Permit issued by the enforcement authority pursuant to relevant federal and state laws for connections to the municipal separate stormwater system, and applicable land-disturbing activity and/or development that changes drainage characteristics of a site per § 272-110A(1) and D(1).
A document containing narrative, drawings, details and reporting
requirements developed by a qualified professional engineer (PE),
which describes structural and nonstructural best management practices
designed to control the discharge of pollutants from impervious surfaces
and on-site activities as well as the volume and peak rate of surface
runoff from a site on an ongoing basis after construction has been
completed.
A natural or man-made channel through which water flows.
A stream of water, including a canal, river, brook, or underground
stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, groundwater, and waters of the
United States as defined under the Federal Clean Water Act[2] as hereafter amended.
A.Â
No person shall perform any applicable land-disturbing activity, as defined in § 272-110A(1), within the corporate limits of the City without having provided for adequate stormwater management measures that control erosion and sedimentation and that control other wastes associated with land-disturbing activities, namely construction debris, litter, and sanitary wastes, to prevent the off-site transport of sediment via stormwater, and that prevent the discharge of pollutants to watercourses or waters of the commonwealth. Persons performing new development or redevelopment projects shall ensure that post-development runoff and quantity does not adversely impact adjacent lots, watercourses, or waters of the commonwealth. A stormwater management permit must be obtained from the enforcement authority before construction, or any sort of applicable land-disturbing activity, commences. All applicable activity shall remain in compliance with this article and any other applicable local, state, or federal laws, rules, and regulations. The enforcement authority shall take any and all enforcement action deemed necessary to prohibit or remedy any such unpermitted activity, in accordance with this section and any other applicable local, state, or federal laws, rules, and regulations.
(1)Â
Applicability. The provisions of § 272-110A shall apply to all construction activities or land disturbances that individually, or as part of a common plan of development, result in any disturbance of land in excess of or equal to one acre.
(2)Â
Exemptions. The following activities are exempt from the provisions of § 272-110A:
(a)Â
Construction projects that have a waiver from EPA, per 40 CFR
122.26(b)(15)(i);
(b)Â
Construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(c)Â
Construction of utilities, other than drainage, that will not
substantially alter terrain or drainage patterns, or result in the
discharge of sediment or pollutants to the municipal separate stormwater
system, or into a watercourse or waters of the commonwealth;
(d)Â
Maintenance of existing landscaping, gardens or lawn areas of
residential dwellings conducted in such a way as not to cause a nuisance;
(e)Â
Emergency work necessary to protect life, limb, or property.
B.Â
The enforcement authority shall have the authority to manage, operate,
maintain, and regulate the municipal separate stormwater system.
C.Â
In furtherance of his or her authority under this article, the enforcement
authority shall promulgate the provisions in this article and other
regulations or guidance documents governing all activities related
to the excavation, alteration, disturbance, uncovering, connection,
or other direct or indirect use of the municipal separate stormwater
system.
D.Â
No unauthorized person shall excavate, alter, disturb, uncover, restrict or impede access, obstruct or interfere with flow, make any connection with or opening into, or in any way directly or indirectly use the municipal separate stormwater system without first obtaining a written stormwater management permit from the enforcement authority. The enforcement authority shall establish stormwater management permit requirements for all such activities and take any and all necessary enforcement action deemed necessary by the enforcement authority to prohibit or remedy any such unpermitted activity, in accordance with § 272-110E and any other applicable local, state, and federal laws, regulations, and rules.
E.Â
No person shall commence, allow, conduct or continue any illicit
discharge to the municipal separate stormwater system, nor shall any
person construct, use, allow, maintain or continue any illicit connections
to the municipal separate stormwater system, regardless of whether
it was permissible under an applicable law, regulation or custom at
the time of connection.
(1)Â
Applicability. The provisions of § 272-110E shall apply to all direct or indirect discharges to the municipal separate stormwater system and to any activities that may obstruct a municipal storm drain 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.
(2)Â
Exemptions.
(a)Â
The following nonstormwater flows, discharged without causing
a nuisance or causing damage to municipal assets, are permitted to
be discharged into the municipal separate stormwater system:
[1]Â
Waterline flushing;
[2]Â
Landscape irrigation;
[3]Â
Diverted stream flow;
[4]Â
Pumped or infiltrated uncontaminated groundwater [as defined
in 40 CFR 35.2005(20)];
[5]Â
Discharge from potable water sources;
[6]Â
Foundation drains, footing drains, air conditioning condensation,
water from crawl space pumps;
[7]Â
Spring irrigation water;
[8]Â
Lawn watering;
[9]Â
Individual resident car washing;
[10]Â
Natural flows from riparian habitats and wetlands;
[11]Â
Dechlorinated swimming pool discharges (less than
one ppm chlorine);
[12]Â
Street wash waters;
[13]Â
Residential wash waters without detergents; and
[14]Â
Nonstormwater discharge permitted under a 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 approved
NPDES permit, waiver or order.
(b)Â
Discharges or flows from firefighting activities are allowed
under this article unless they are identified as significant sources
of pollutants to watercourses or waters of the commonwealth. Discharges
associated with dye testing are allowed under this article; however
this activity requires notification to the enforcement authority prior
to the time of the test.
(3)Â
Emergency suspension of municipal separate stormwater system
access. The enforcement authority may suspend municipal separate stormwater
system access to any person or property without prior written notice
if such a suspension would abate or reduce an illicit discharge. In
the event any person fails to comply with an emergency suspension
order, the enforcement authority may take all reasonable steps to
prevent or minimize harm to the public health, public property, safety,
welfare, or the environment.
(4)Â
Notification of spills. 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,
the person shall take all necessary steps to ensure containment and
remediation of the release. In the event of a release of oil, hazardous
materials or nonhazardous materials, the person shall immediately
notify the City Fire and Police Departments and MassDEP within 24
hours. The reporting person shall provide to the enforcement 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 address it and prevent its
recurrence. Such records shall be retained for at least three years.
F.Â
In the event a person willfully, maliciously, or negligently breaks,
damages, destroys, uncovers, defaces, tampers, or otherwise interferes
with any structure, appurtenance, or equipment which is part of the
municipal separate stormwater system and contrary to all applicable
local, state, and federal laws, regulations and rules, the enforcement
authority or any other enforcement or regulatory entity in the City
shall be authorized to take any enforcement action, remedy, or response
so provided under this article, and all applicable local, state, and
federal laws, regulations and rules.
G.Â
Applicants shall indemnify the City from any loss or damage that
may directly or indirectly be occasioned by the installation, connection,
or alteration to the City's stormwater system.
H.Â
The enforcement authority shall adopt and amend regulations, rules and/or written guidelines relating to the terms, conditions, definitions, enforcement, fees, procedures and administration of this Management of Stormwater Part 6. Management of stormwater regulations, rules or guidance shall identify requirements for the stormwater management permit required by this article and consistent with, or more stringent than, the relevant requirements of the most recent NPDES stormwater discharge permit for the City.
A.Â
To obtain a stormwater management permit, applicants must show that site design, construction site stormwater runoff control, and post-development stormwater management will meet the standards set by the enforcement authority in regulations, rules and guidance, which shall be at least as stringent as the relevant requirements of the City's NPDES stormwater discharge permit and may also address relevant environmental considerations, including (without limitation) aquifer and wetland protections, climate resiliency, combined sewer overflow mitigation, and flood prevention. Applicants seeking a stormwater management permit, at their own expense, shall make and file accurately the documents listed in § 272-111A(1) with the enforcement authority.
(1)Â
Required submittals.
(a)Â
Erosion and sedimentation control plan (ESCP).
[1]Â
Narratives and construction plan shall describe the actions
to minimize disturbed areas; protection of natural resources; stabilization
of soils across the sites during temporary cessation or completion;
protection of slopes on site; usage of perimeter controls; ESC inspections;
evaluation of measures to minimize erosion and sedimentation and topsoil
compaction during construction; and controls of demolition debris,
litter, and sanitary wastes.
[2]Â
Site plans depicting flows and planned BMPs for ESC in accordance
with Massachusetts Department of Environmental Protection Stormwater
Standards.
(b)Â
Stormwater management plan (SWMP).
[1]Â
Narrative explaining existing and proposed site conditions,
measures to mitigate stormwater impacts, LID used, planned post-construction
BMPs.
[2]Â
Site plans showing existing flow, site features, and stormwater
management, proposed stormwater management systems, new flow regime,
and limits of disturbances.
[3]Â
Considerations for potential water quality impacts.
(c)Â
Operation and maintenance plan.
(2)Â
Post-development design standards.
(a)Â
Projects shall be designed to collect, treat, and convey stormwater
runoff from the project site in accordance with Massachusetts Department
of Environmental Protection Stormwater Management Standards.
(b)Â
Projects are encouraged to use LID techniques within stormwater
management design to the maximum extent practicable to manage stormwater.
(c)Â
Stormwater management systems for new development or redevelopment
sites shall be designed to meet an average annual pollutant removal
in accordance with Massachusetts Department of Environmental Protection
Stormwater Management Standards. Average annual pollutant removal
requirements shall be achieved through a combination of the following
methods:
[1]Â
Installing stormwater BMPs that meet the pollutant removal percentages
based on calculations developed consistent with EPA Region 1's
BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation
tools provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, then any
federally or state-approved BMP design guidance or performance standards
(e.g., state stormwater handbooks and design guidance manuals) may
be used to calculate BMP performance; or
[2]Â
Retaining the volume of runoff equivalent to, or greater than,
one inch multiplied by the total post-construction impervious surface
area on the new development site or retaining the volume of runoff
equivalent to, or greater than, 0.8 inch multiplied by the total post-development
impervious surface area on the redeveloped site.
B.Â
The enforcement authority may require from the applicant a surety
or cash bond, or other means of security acceptable to the City, prior
to the issuance of any stormwater management permit for land-disturbing
activity. The amount of the security shall not be less than the total
estimated construction cost of the stormwater management system, if
one is being built, and shall be in an amount deemed sufficient by
the enforcement authority to ensure accordance with the stormwater
management permit. The bond so required in this section shall include
provisions relative to forfeiture to the City for failure to complete
work specified in the approved stormwater management plan, compliance
with all provisions of this article, obligations imposed by the stormwater
management permit, and other applicable laws and regulations, and
any time limitations. The bond shall not be fully released without
a final inspection of the completed work by the enforcement authority,
submission of as-built plans, and certification that the complete
work is in compliance with the approved plan and the provisions of
this article by the enforcement authority.
(1)Â
If the project is phased, the enforcement authority may release
part of the surety or cash bond, or other means of security acceptable
to the City Treasurer, as each phase is completed in compliance with
the permit.
(2)Â
Upon completion of work and no later than six months after completion
of construction, the holder of a stormwater management permit shall
submit a report and certified as-built construction plans from a professional
engineer, surveyor or CPESC certifying that the project has been completed
in accordance with the conditions of the stormwater management permit.
As-builts must depict all on-site controls, both structural and nonstructural,
that manage the post-development stormwater. All discrepancies with
the approved permit plan shall be noted in the report and as-built
plans.
(3)Â
The enforcement authority shall issue a letter certifying project
and permit completion upon receipt and approval of the final report
and as-builts or confirmation that all work has been done in accordance
with this article and stormwater management permit conditions.
A.Â
All construction work involving the installation of structures or
pipes for the purpose of providing water, gas, drain, or other underground
utilities shall not interfere with or obstruct, in any way, the course,
capacity or integrity of any part of the municipal separate stormwater
system.
B.Â
Whenever pipes for any purpose, or any work of construction, are
found to exist at such a depth or in such location as to interfere
with any existing part of the municipal separate stormwater system,
the person maintaining the same shall, upon notice thereof, at once
remove, change, or alter such pipes or other works in such a manner
as the enforcement authority may direct. If such person neglects to
comply in a reasonable time, at the discretion of the enforcement
authority, with the terms of such notification, the City may make
such removal, change, or alteration, and the cost thereof shall be
paid by such person; provided that, whenever any drain is to be constructed,
or any water pipe to be laid, in any street or way, enforcement authorities
shall consult each other in regard to the location of any existing
pipes.
A.Â
The enforcement authority, bearing proper credentials and identification,
shall be allowed to enter the premises of any property in the City
for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance, and testing of municipal
and/or private stormwater systems and stormwater runoff. All entry
and subsequent work shall be done in accordance with the provisions
of this article and any other applicable local, state, and federal
laws.
B.Â
The enforcement authority bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purposes of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the stormwater works lying within
such easement. All entry and subsequent work, if any, on such easement,
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved and the provisions
of this article, and any other applicable local, state, and federal
laws.
C.Â
By submitting the stormwater management permit application, an applicant
consents to the entry of the enforcement authority bearing proper
credentials and identification in or on the site while the application
is under review to verify the information in the application, and
at any time after a review or permit is issued to inspect for compliance
with review or permit conditions.
D.Â
By signing the stormwater management permit application, an applicant
consents to allow the enforcement authority bearing proper credentials
and identification to verify and document compliance with the stormwater
management permit.
A.Â
The enforcement authority may issue a written order to enforce provisions of § 272-110 to any persons found to be violating any provisions of this article or any other regulations or rules promulgated by the enforcement authority pursuant to the authority granted by this article. Written orders may include:
(1)Â
Elimination of illicit connections or direct or indirect discharges
to the municipal separate stormwater system, watercourses, or waters
of the commonwealth;
(2)Â
Performance monitoring, analyses and reporting;
(3)Â
Cessation of unlawful discharges, practices, or operations;
(4)Â
Implementation of measures to minimize the discharge of pollutants
until such time as the illicit connection or discharge shall be eliminated;
(5)Â
Remediation of any adverse impacts of an illicit discharge or
connection;
(6)Â
Cease and desist from land-disturbing activities until compliance
is met;
(7)Â
Maintenance, installation of additional ESC;
(8)Â
Remediation of erosion and sedimentation resulting directly
or indirectly from land-disturbing activities;
(9)Â
Construction, reconstruction, repair or maintenance of stormwater
BMPs or any other aspect of the post-construction stormwater management
system; or
(10)Â
Remediation of adverse impacts resulting from improper construction
or operation.
B.Â
Any person found to be violating any of the provisions of this article,
written orders, or any other regulations or rules promulgated by the
enforcement authority pursuant to the authority granted by this article,
and by any and all applicable federal, state or local laws, regulations,
or rules, may be subject to a civil penalty and, if found liable for
the violation, shall be subject to a civil penalty and, upon conviction,
shall be fined up to $5,000 a day for each violation back to the first
day of the violation in accordance with MGL c. 83, § 10,
as amended by Chapter 174, Section 7, of the Acts of 1987.
C.Â
Any person found to be violating any of the provisions of this article,
written order, or any other regulations or rules promulgated by the
enforcement authority pursuant to the authority granted by this article
and by any and all applicable federal, state or local laws, regulations,
or rules shall be liable for the maximum penalty provided under the
Massachusetts General Laws for each violation back to the first day
of said violation.
D.Â
Any person violating any of the provisions of this article, written
orders, or any other regulations or rules promulgated by the enforcement
authority pursuant to the authority granted by this article and by
any and all applicable federal, state or local laws, regulations,
or rules shall become liable for any expense, loss or damage incurred
by the City by reason of such violation.
E.Â
A penalty provided for under this section may be imposed in conjunction
with any other charges or penalties that can be imposed for violation
of any other local, state, or federal criminal or civil offenses committed.
If any section, subsection, sentence, clause, or other provision
of this article is, for any reason, held to be unconstitutional or
invalid, in whole, or in part, by any court of competent jurisdiction,
such provision shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity or application of the
remaining provisions of this article.
