[HISTORY: Adopted by the Town of Ashland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-2007 ATM,
Art. 22]
Regulation of activities that result in the
disturbance of land and the creation of stormwater runoff is necessary
for the protection of the Town of Ashland to safeguard the health,
safety, and welfare of the general public and protect the natural
resources of the Town. The purpose of this bylaw is to comply with
the Environmental Protection Agency's National Pollutant Discharge
Elimination System Phase II program by preventing or diminishing stormwater
impacts by controlling runoff and preventing soil erosion and sedimentation
resulting from site construction, development and other circumstances,
and eliminating non-stormwater discharges into the Town's municipal
storm sewer system.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to the federal Clean Water Act found
at 40 CFR 122.34.
Nothing in this bylaw is intended to replace
the requirements of either the Town of Ashland Wetlands Bylaw, or
any other bylaw that has been or may be adopted by the Town of Ashland.
Any activity subject to the provisions of the above-cited bylaws must
comply with the specifications of each applicable bylaw.
The objectives of this bylaw are to:
A.
Establish decision making processes surrounding land
development activities that protect the integrity of the watershed
and preserve the health of wetland and water resources;
B.
Require that new development, redevelopment and all
land conversion activities maintain the after-development runoff characteristics
as equal to or less than the predevelopment runoff characteristics
to provide recharge and to reduce flooding, stream bank erosion, siltation,
nonpoint source pollution, property damage, and to maintain the integrity
of stream channels and aquatic habitats;
C.
Establish minimum construction/alteration and post-development
stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality and for the
protection of properties and aquatic resources downstream from land
development and land conversion activities from damages due to increases
in volume, velocity, frequency, duration, and peak flow rate of stormwater
runoff;
D.
Establish design criteria for measures to minimize
nonpoint source pollution from stormwater runoff which would otherwise
degrade water quality;
E.
Establish design and application criteria for the
construction and use of structural stormwater control facilities that
can be used to meet the minimum construction/alteration and post-development
stormwater management standards and to encourage the use of nonstructural
stormwater management, stormwater site design practices or low-impact
development practices, such as reducing impervious cover and the preservation
of open space and other natural areas, to the maximum extent practicable;
F.
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;
G.
Establish provisions to ensure there is an adequate
funding mechanism, including surety, for the proper review, inspection
and long-term maintenance of stormwater facilities implemented as
part of this bylaw; and
H.
Establish administrative procedures and fees for the
submission, review, approval, or disapproval of stormwater management
plans, and for the inspection of approved active projects, and long-term
follow up.
As used in this bylaw, the following terms shall
have the meanings indicated:
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations
(310 CMR 10.00).
Any activity that changes the water quality, or the force,
quantity, direction, timing or location of runoff flowing from the
area and will measurably change the ability of a ground surface area
to absorb water. 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. "Alter" may be similarly
represented as "alteration of drainage characteristics," and "conducting
land disturbance activities."
Any person, as defined below, requesting a stormwater management
permit for proposed land-disturbance activity.
The Conservation Commission (hereinafter "the Commission")
and its employees or agents or other employee of the Town of Ashland
shall be in charge of enforcing the requirements of this bylaw.
Structural, nonstructural, vegetative and managerial techniques
that are recognized to be the most effective and practical means to
reduce erosion and sediment, prevent 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 devices that are engineered and constructed to
provide temporary storage and treatment of stormwater runoff. Nonstructural
BMPs use natural measures to reduce pollution levels, do not require
extensive construction efforts, and/or promote pollutant reduction
by eliminating the pollutant source.
Site design approaches and techniques that can reduce a site's
impact on the watershed through the use of nonstructural stormwater
management practices. "Better site design" includes conserving and
protecting natural areas and green space, reducing impervious cover,
and using natural features for stormwater management.
Excess or discarded building or construction site materials
that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
An area, man-made or natural, where the existing condition
has been or is proposed to be altered.
A professional engineer, or other trained professional selected
by the Commission and retained by the holder of a stormwater management
permit to periodically inspect the work and report to the Commission.
A condition in which the earth's surface, including soil
or rock fragment, is detached and moved away by the action of water,
wind, ice, gravity or other natural means.
Land uses or activities with higher potential pollutant loadings,
such as, but not limited to, 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.
Any discharge to a stormwater structure, stream, lake, pond,
vernal pool, body of water or wetland that is or has not been permitted,
waived or exempted by the Town (state and/or federal regulations).
An isolated depression or closed basin which serves as a
ponding area for runoff or high groundwater which has risen above
the ground surface. The basin must confine standing water at least
once per year for a two-month period in nondrought conditions to an
average depth of six inches and occupy a minimum surface area of 5,000
square feet.
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.
Any construction or land disturbance of a parcel of land
that is currently in a natural vegetated state.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agency, public or quasi-public corporation or body,
the Town of Ashland, and any other legal entity, its legal representatives,
agents, or assigns.
The method of segmenting and dividing the disturbance, construction
or development of a site into smaller areas and/or timeframe (to reduce
possible impacts to the site and resource).
The conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site or tract of land. "Post-development" refers to the phase of a
new development or redevelopment project after completion, and does
not refer to the construction phase of a project.
The conditions that exist at the time that plans for the
land development of a tract of land are submitted to the Conservation
Commission. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.), the existing conditions at the
time prior to the first plan submission shall establish predevelopment
conditions.
A civil engineer registered in Massachusetts, a registered
land surveyor, a Massachusetts licensed soil evaluator, a certified
professional in erosion and sediment control, a certified professional
in stormwater quality, or other person who can satisfactorily demonstrate
to the issuing authority proficiency in the field of stormwater management
as appropriate to the scope of the project.
The replenishment of underground water reserves.
Any construction, alteration, or improvement exceeding land
disturbance of 5,000 square feet, where the existing land use is commercial,
industrial, institutional, or multifamily residential.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Solid material, whether mineral or organic, that is in suspension,
is transported or has been moved from its site of origin by erosion.
A process of depositing material that has been suspended
and transported in water.
The vertical rise divided by the horizontal distance and
expressed as a fraction or percentage.
The elimination of any erosion or erosion potential.
Stormwater Management Handbook, Volume One and Volume Two,
prepared by the Massachusetts Department of Environmental Protection
and the Massachusetts Office of Coastal Zone Management, dated March
1997, as the same may be from time to time revised.
A permit issued for an application that meets a set of predetermined
standards which is designed to protect the environment of the Town
from the deleterious effects of uncontrolled and untreated stormwater
runoff outlined in the regulations to be adopted by the Commission
under this bylaw. By meeting these predetermined standards, after
review of an application, plans, calculations, and other supporting
documents, the proposed project will be presumed to meet the requirements
and intent of this bylaw.
A confined basin or depression not occurring in existing
lawns, gardens, landscaped areas or driveways which, at least in most
years, holds water for a minimum of two continuous months during the
spring and/or summer, contains at least 200 cubic feet of water at
some time during most years, is free of adult fish populations, and
provides essential breeding and rearing habitat functions for amphibian,
reptile or other vernal pool community species, regardless of whether
the site has been certified by the Massachusetts Division of Fisheries
and Wildlife.
This bylaw shall be applicable to all new development
and redevelopment, including, but not limited to, site plan applications,
subdivision applications, grading applications, land use conversion
applications, any activity that will result in an increased amount
of stormwater runoff or pollutants flowing from a parcel of land,
or any activity that will alter the drainage characteristics of a
parcel of land, unless exempt pursuant to § 247-7 of this
bylaw. After approval of this bylaw by the Attorney General, the Commission
shall not approve any application for development or redevelopment
if the land or parcels of land were held in common ownership (including
ownership by related or jointly controlled persons or entities) and
were subdivided or otherwise modified to avoid compliance. A development
shall not be segmented or phased in a manner to avoid compliance with
this bylaw. A stormwater management permit shall be required from
the Commission for the following:
A.
Any activity subject to site plan review (Ashland
Town Code § 282-6);
B.
Any activity that will result in the alteration and/or
soil disturbance of 10,000 square feet or more, or increase the amount
of impervious surfaces to more than 50% of the parcel or lot;
C.
Any redevelopment of a commercial, industrial, institutional,
or multifamily residential parcel as defined by Ashland Town Code
§ 282-99;
D.
Any activity that will disturb land with a slope of
15% or greater and where the land disturbance is greater than or equal
to 5,000 square feet within the sloped area; and
E.
Any activity that will alter, fill or degrade a wetland,
body of water, floodplain or isolated depression subject to flooding.
The following activities are exempt from the
requirements of this bylaw:
A.
Normal maintenance of Town-owned public land, ways
and appurtenances, such as, but not limited to, the maintenance of
drainage structures or utilities within or associated with public
ways;
B.
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04
and MGL c. 40A, § 3;
C.
Repair or replacement of septic systems when approved
by the Board of Health for the protection of public health;
D.
Normal maintenance of existing landscaping, gardens
or lawn areas associated with a residential dwelling, provided such
maintenance does not include the addition of more than 100 cubic yards
of soil material, or alteration of drainage patterns;
E.
The construction of fencing that will not alter existing
terrain or drainage patterns;
F.
The removal of earth products undertaken in connection
with an agricultural use if the removal is necessary for or directly
related to planting, cultivating or harvesting or the raising or care
of animals; or
A.
The Conservation Commission shall be the permit granting
authority for the issuance of a stormwater management permit and shall
administer, implement and enforce this bylaw. Any powers granted to
or duties imposed upon the Commission may be delegated in writing
by the Commission to its employees or agents or other municipal employees
as appropriate. Such permit applications shall be submitted, considered,
and issued only in accordance with the provisions of this bylaw and
the regulations adopted pursuant to this bylaw.
B.
Stormwater regulations. After public notice and a
public hearing, the Commission shall adopt, and periodically amend,
rules and regulations relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
Management Bylaw. These rules and regulations shall be promulgated
by a committee established by the Commission. This committee shall
be composed of at least three but not more than 11 members. At least
one member shall be from each of the Conservation Commission, Planning
Board and Ashland Department of Public Works, or their designees.
Other committee members may be drawn from other Town committees and
boards or from interested Town citizens. The rules and regulations
shall include procedures to conduct hearings, issue, deny, revoke
and/or modify permits and to appeal, and shall also provide guidance
generally to persons seeking to conduct a regulated activity. Such
rules and regulations may also provide, as the Commission deems necessary,
additional definitions and procedures not inconsistent with the bylaw
and a schedule of fees to be charged. Failure by the Commission to
promulgate such rules and regulations or a legal declaration of their
invalidity by a court shall not act to suspend or invalidate the effect
of this bylaw.
C.
Right of entry. Filing an application for a stormwater
management permit grants the Commission or its agent permission to
enter the site to verify the information in the application and to
inspect for compliance with permit conditions.
D.
Stormwater Management Manual. The Commission will
utilize the policy, criteria and information, including specifications
and standards, of the latest edition of the Massachusetts Stormwater
Management Policy, for execution of the provisions of this bylaw.
This policy includes a list of acceptable best management practices
and stormwater treatment practices, including the specific design
criteria for each stormwater practice. The policy may be updated and
expanded periodically, based on improvements in engineering, science,
monitoring, and local maintenance experience. Stormwater management
practices that are designed, constructed, and maintained in accordance
with these design and sizing criteria will be presumed to be protective
of Massachusetts's water quality standards unless engineering and
performance information provided or obtained from credible and independent
sources (as deemed by the Commission) refutes, modifies or supplements
information from the Massachusetts Stormwater Management Policy.
E.
Application. To obtain approval for a project subject
to the provisions of this bylaw, the applicant shall submit a stormwater
management plan and an operation and maintenance plan prepared, stamped
and signed by a civil engineer registered in Massachusetts, a registered
land surveyor, a Massachusetts licensed soil evaluator, a certified
professional in erosion and sediment control, a certified professional
in stormwater quality, or other person who can satisfactorily demonstrate
to the issuing authority proficiency in the field of stormwater management
as appropriate to the scope of the project, that complies with the
requirements set forth herein and in the regulations adopted pursuant
to this bylaw. The operation and maintenance plan (O&M plan) shall
be designed to ensure compliance with the permit and this bylaw, and
that the Massachusetts Surface Water Quality Standards, 314 CMR 4.00
are met in all seasons and throughout the life of the system. The
O&M plan shall remain on file with the Commission, the Planning
Board, the Department of Public Works and the Town Engineer or the
Town's engineering consultant, and shall be an ongoing requirement.
The O&M plan shall meet the criteria set forth in the regulations
adopted pursuant to this bylaw. The plans shall fully describe the
project in drawings, narrative, and calculations.
The Commission shall establish fees to cover
expenses incurred by the Town in reviewing the application and monitoring
permit compliance. The Commission is authorized to retain and charge
the applicant fees to cover the cost of hiring a civil engineer or
other professional consultant to advise the Commission on any or all
aspects of the project. The applicant for a stormwater management
permit may be required to establish and maintain an escrow account
to cover the costs of said consultants. Applicants shall pay review
fees to the Commission before the review process may begin.
The Commission may require a cash performance
guarantee to ensure compliance with these requirements and for the
long-term operation and maintenance of all permanent erosion control
and stormwater management measures, as determined in the rules and
regulations. The form of the bond shall be approved by the Commission
upon the recommendation of Town Counsel and the Town Treasurer, as
appropriate. With the approval of the Commission upon the recommendation
of Town Counsel and the Town Treasurer, as appropriate, the applicant
may substitute an irrevocable letter of credit or performance bond
in lieu of the cash performance guarantee. Any performance bond or
letter of credit shall be executed and maintained by a financial institution,
surety, or guarantee company qualified to do business in the Commonwealth
of Massachusetts.
A.
The Commission may waive strict compliance with some
of the requirements of this bylaw or the rules and regulations promulgated
hereunder, if it determines that some of the application requirements
are unwarranted because of the size or character of the development
project or because of the natural conditions at the site and where
such action:
B.
Any request from an applicant for a waiver of these
rules shall be submitted, in writing, to the Commission at the time
of submission of the application. Such requests shall clearly identify
the provision/s of the rule from which relief is sought and be accompanied
by a statement setting forth the reasons why, in the applicant's opinion,
the granting of such a waiver would be in the overriding public interest
or the specific information required to show strict compliance is
irrelevant to the project, and why a waiver would be consistent with
the intent and purpose of this bylaw and the rules and regulations
promulgated hereunder.
A.
The Commission shall not approve any application for
a stormwater management permit unless it finds BMPs and other criteria
will be employed to meet the requirements outlined in the rules and
regulations.
B.
Compliance with all applicable federal, state and
local regulations and guidelines, including but not limited to the
Stormwater Management Handbook as it may be amended, has been demonstrated.
C.
Based upon the nature of the application, the Commission
may impose reasonable requirements or limitations to minimize the
impacts, if any, on abutting properties or uses.
D.
On redevelopment applications, the Commission may
not require strict adherence to the performance standards or requirements
based on the conditions, degree or size of the project.
E.
Prior to commencement of any land-disturbing activity,
the applicant shall record the permit with the Registry of Deeds or
Registry District of the Land Court, and shall submit to the Commission
written proof of such recording.
F.
At completion of the project, the owner shall request
in writing a notice of completion and submit as-built record drawings
of all stormwater controls, treatment, best management practices and
associated grading required for the site. The as-built drawing shall
show deviations from the approved plans, if any, and shall be certified
by a qualified professional registered in Massachusetts of equal or
greater qualifications to the qualified professional submitting the
original certified plans approved by the Commission.
A.
The Commission shall act on each complete application
for a permit within 90 days of the date of filing with the Commission
and the Town Clerk, unless such application has been withdrawn from
consideration or deemed incomplete. An application is deemed complete
if all relevant sections of the application are properly filled out;
all relevant plans and information are provided; application fees
are paid; and there are no outstanding tax or fee liabilties to the
Town of Ashland for the parcel(s) related to the permit application.
B.
The Commission may take any of the following actions
as a result of an application for a stormwater management permit as
more specifically defined as part of stormwater regulations promulgated
as a result of this bylaw: approval, approval with conditions, or
disapproval.
C.
A stormwater management permit may be disapproved
if the Commission determines:
(1)
The requirements of this bylaw are not met;
or
(2)
Insufficient information was provided to the
Commission; or
(3)
Inadequate response by the applicant to the
Commission's request for information; or
(4)
The intent of the application is to circumvent
other provisions of the Town's Zoning Code and regulations.
D.
Appeals of action by the Commission. A decision of
the Commission shall be final. The appeal of a decision by the Commission
under this bylaw shall be filed with the Massachusetts Land Court
or Massachusetts Superior Court.
The Commission or its authorized agent and the
Town of Ashland shall have the power and duty to enforce this bylaw,
its regulations, orders, violation notices, and enforcement orders,
and may pursue all civil and criminal remedies for such violations.
A.
Penalties. Any person who violates any provision of
this bylaw, regulation, or permit issued hereunder, shall be subject
to fines, civil action, criminal prosecution, and liens, as appropriate
and as lawfully established by the Town of Ashland.
B.
Any person who violates any provision of this chapter,
or regulations, permits or administrative orders issued thereunder
shall be punished by a fine of not more than $300. Each day or portion
thereof during which a violation continues, or unauthorized fill or
alteration remains in place, shall constitute a separate offense,
and each provision of the bylaw, regulations and permits or administrative
orders violated shall constitute a separate offense.
C.
Liens. The Town of Ashland shall require reimbursement
to the town for the cost of work undertaken by the town that the responsible
party was obligated to perform but failed to perform as set forth
in the Operation and Maintenance Plan. If reimbursement is not made
within (30) days of written notice from the town to the responsible
party, the Town may impose an assessment and municipal lien on the
property of the responsible party or parties and interest shall begin
to accrue on any unpaid costs at the statutory rate provided in G.L.
Ch. 59, Section 57.
D.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town may utilize the noncriminal
disposition procedure set forth in MGL c. 40, § 21D, in
which case the Conservation Agent or other authorized agent of the
Town shall be the enforcing person. If noncriminal disposition is
used, any person who violates any provision of this bylaw, regulation,
order or permit issued there under, shall be punished by a fine of
$300 per violation. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
Any determination that a particular provision
or set of provisions in this bylaw are invalid or unenforceable shall
not render ineffective, unenforceable, or inapplicable the remainder
of this bylaw.
[Adopted 5-1-2019 ATM,
Art. 14]
A.
Increased and contaminated stormwater runoff is a major cause of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
B.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the waters of
the Commonwealth including the Town's water bodies and groundwater,
and to safeguard the public health, safety, welfare and the environment.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the federal Clean Water Act (40 CFR 122.34).
This bylaw shall apply to all water, and pollutants entering
the municipal storm drain system directly, or indirectly, unless explicitly
exempted by an authorized enforcement agency.
Nothing in this bylaw is intended to replace the requirements
of either the Town of Ashland Wetlands Bylaw, or any other bylaw that
has been or may be adopted by the Town of Ashland. Any activity subject
to the provisions of the above-cited bylaws must comply with the specifications
of each applicable bylaw.
The objectives of this bylaw are to establish legal authority
to:
A.
Prevent pollutants from entering the Town's municipal separate storm
sewer system (MS4) and the waters of the Commonwealth;
B.
Prohibit illicit connections and unauthorized discharges to the MS4;
C.
Investigate suspected illicit connections and discharges;
D.
Eliminate illicit discharges, and require the removal of all such
illicit connections and discharges;
E.
Comply with state and federal statutes and regulations relating to
stormwater discharges; and
F.
Ensure compliance with the provisions of this bylaw through inspection,
monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
The director of the Department of Public Works (DPW) and
her/his employees or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
Structural, nonstructural, vegetative and managerial techniques
that are recognized by the Massachusetts Stormwater Handbook Volume
Two, Chapter Two or other established industry standards to be the
most effective means to reduce erosion, prevent or reduce increases
in stormwater volumes and flows, prevent point source and nonpoint
source pollution, promote groundwater recharge, utilize low impact
development (LID) techniques, and promote stormwater quality and protection
of the environment to the maximum extent practical.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq., and 40 CFR 122.34) as hereafter amended.
Activities subject to the stormwater management permit (pursuant to Chapter 343 of the Ashland Town Code), or the National Pollutant Discharge and Elimination System construction permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or Commonwealth from any source.
Groundwater means all water that exists beneath the land
surface in soils or geologic formations, specifically that part of
the subsurface water in the Saturated Zone.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal separate storm sewer 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, permitted, or approved
before the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 247-2-8. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit.
Any surface that prevents or significantly impedes the infiltration
of water into the underlying soil. This can include but is not limited
to roads, driveways, parking areas and other areas created using nonporous
material; buildings, rooftops, structures, artificial turf and compacted
gravel or soil.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26(b)(14).
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 Ashland.
A permit issued by United States Environmental Protection
Agency or jointly with the State of Massachusetts that authorizes
stormwater discharge to waters of the United States by establishing
limits on pollutant discharge, requiring monitoring and reporting
of discharges, and other provisions through the authority of the Clean
Water Act.[1]
Pollution resulting from many diffuse sources, in direct
contrast to point source pollution which results from a single source.
Non-point source pollution generally results from land runoff, precipitation,
atmospheric deposition, drainage, seepage, or hydrological modification
(rainfall and snowmelt) where tracing pollution back to a single source
is difficult.
Discharge to the MS4 not composed entirely of stormwater.
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.
A point source is a single, identifiable source of pollution,
such as a pipe or a drain.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or non-point source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth.
Pollutants shall include but are not limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction waste and residues;
Noxious or offensive matter of any kind.
Any building, lot, easement, or right of way, parcel of land,
or portion of land whether improved or unimproved including adjacent
sidewalks and parking strips.
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 with precipitation
by percolation of runoff, and surface water through soil.
A discharge of untreated wastewater from the sewer system.
Herein referred to as "SSO".
Publicly owned facilities by which stormwater is collected,
and/or conveyed, including but not limited to any roads with drainage
systems, streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Water from the natural hydrologic cycle due to precipitation,
runoff, snowmelt runoff, and surface water runoff and drainage.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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 MGL
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, byproduct
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, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
A.
Illicit discharges. No person shall discharge or cause to be discharged
into the municipal storm drain system, watercourses, or waters of
the Commonwealth any materials, including but not limited to pollutants
or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards.
B.
Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. A person is considered to be in violation of this bylaw if the person connects a line conveying pollutants or other illicit discharges not listed in § 247-2-8 of the bylaw to the MS4, or allows such a connection to continue.
C.
Obstruction of municipal storm drain system. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Director or Acting Director of the Department of Public Works.
D.
Private drainage systems. It is prohibited for anyone with a private
drainage system from tying into the public stormwater disposal system
without a permit from the Department of Public Works. The maintenance
of any, and all private drainage systems shall be the responsibility
of the owners.
E.
Sanitary sewer overflows.
(1)
Sanitary sewer overflows shall be prohibited from entering into
the storm drain system or entering into waters of Commonwealth.
(2)
Upon detection of an SSO entering the storm drain system, or
waters of the Commonwealth, the DPW shall notify the Massachusetts
Department of Environmental Protection, the Board of Health, and the
Conservation Commission. The system shall be eliminated as immediately
as possible, and proper measures of mitigation to minimize the impacts
of pollutants to and from the storm drain system and waters of the
Commonwealth shall be undertaken.
F.
Drains. No one shall tie any pump, cellar, yard, roof or area drain
directly into the stormwater drainage system without a permit from
the Department of Public Works. Any modification to existing drainage
connections to the municipal stormwater system will require a permit
from the Department of Public Works.
The following non-stormwater discharges or flows are exempt
from the prohibition of non-stormwater provided that the source is
not a significant contributor of a pollutant to the municipal storm
drain system as determined by the DPW:
A.
Discharge or flow resulting from firefighting activities;
B.
Waterline flushing;
C.
Flow from potable water sources;
D.
Springs;
E.
Natural flow from riparian habitats and wetlands;
F.
Diverted stream flow;
G.
Rising groundwater;
H.
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20),
or uncontaminated pumped groundwater;
I.
Water from exterior foundation drains, footing drains not including
active groundwater dewatering systems, crawl space pumps;
J.
Discharge from landscape, irrigation water, or lawn watering or air
conditioning condensation;
K.
Water from individual residential car washing;
L.
Discharge from de-chlorinated swimming pool water (less than one
ppm chlorine) provided the water is allowed to stand for one week
prior to draining and the pool is drained in such a way as not to
cause a nuisance;
M.
Discharge from street sweeping;
N.
Residential building wash waters free of detergents and pollutants.
A.
Enforcement Authority: The Enforcement Authority shall administer,
implement and enforce this bylaw. Any powers granted to or duties
imposed upon the Enforcement Authority may be delegated in writing
by the Select Board to the Enforcement Authority.
[Amended 11-20-2019 STM, Art. 13]
B.
Illicit discharge regulations: The Enforcement Authority shall promulgate
rules and regulations to effectuate the purposes of this bylaw, after
public notice and public hearing is conducted. These regulations shall
cover procedures, inspections, documenting, and enforcement. Failure
by the Enforcement Authority to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this bylaw.
C.
Right of entry: The Enforcement Authority shall have the right to
enter properties and easements to disconnect any suspected, known,
or reported, illicit discharges that are connected into Town-owned
drainage systems or stormwater management structural best management
practices, to the extent of performing its duties under this bylaw
and regulations. The Enforcement Authority may make inspections as
deemed necessary and under this bylaw.
D.
Monitoring of discharges:
(1)
Applicability: This section applies to all facilities that have
stormwater discharges associated with commercial or industrial activity,
including construction activity.
(2)
Access to facilities: The Enforcement Authority shall be permitted
to enter and inspect facilities subject to regulation under this bylaw
as often as may be necessary to determine compliance with this bylaw
provided proper notice is given to the property owner in non-emergency
situations. If a discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access
to representatives of the authorized enforcement agency.
(a)
Facility operators shall allow the Enforcement Authority ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(b)
The Enforcement Authority shall have the right to set up on
any permitted facility such devices as are necessary in its opinion
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(c)
The Enforcement Authority has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
with secondary standards or better to ensure their accuracy.
(d)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Enforcement
Authority and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(e)
Unreasonable delays in allowing the Enforcement Authority access
to a permitted facility is a violation of this bylaw. A person who
is the operator of a facility with a NPDES permit to discharge stormwater
associated with industrial activity commits an offense if the person
denies the authorized enforcement agency reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required.
(f)
If the Enforcement Authority has been refused access to any
part of the premises from which stormwater is discharged, and he/she
is able to demonstrate probable cause to believe that there may be
a violation, or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program designed to verify compliance
with this bylaw or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the Enforcement
Authority may seek issuance of a search warrant from any court of
competent jurisdiction.
A.
Emergencies or imminent risk: The Enforcement 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 Enforcement Authority may take all reasonable steps to
prevent or minimize harm to the public health, safety, welfare or
the environment.
B.
Suspension due to detection of illicit discharge: Any person discharging
to the MS4 in violation of this bylaw may have their MS4 access terminated
if such termination would abate or reduce an illicit discharge. The
Enforcement Authority will notify a violator of the proposed termination
of its MS4 access. The violator may petition the Enforcement Authority
for a reconsideration and hearing. A person commits an offense if
the person reinstates MS4 access to premises terminated pursuant to
this section, without the prior approval of the Enforcement Authority.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. All illicit discharges are prohibited under this bylaw
and in accordance with all applicable federal, state, and local regulations.
All discharges are prohibited to the Ashland MS4 unless there is compliance
with the NPDES stormwater discharge permit. The Enforcement Authority
may request proof of compliance with the NPDES program before allowing
any discharges to the municipal stormwater system.
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 waters of the Commonwealth, 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, Board of Health, and the Enforcement Authority. In the
event of a release of non-hazardous material, the reporting person
shall notify the Enforcement Authority no later than the next business
day. The Conservation Commission shall be notified if these spills
directly discharge to waters of the Commonwealth. 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 prevent its recurrence. Such records shall
be retained for at least three years.
The Enforcement Authority may take any of the actions outlined in "§ 247-2-15: Enforcement, violations and penalties". Upon final abatement of violations, the Enforcement Authority shall document all reported, or suspected violations, actions taken to abate violations, expenses accrued to the Enforcement Authority to abate violations, and fees to be paid or already paid.
The decisions or orders of the Enforcement Authority shall be
final. Further relief shall be filed with the Massachusetts Land Court
or the Massachusetts Superior Court.
The Enforcement Authority shall have the authority through its
power and duty to enforce this bylaw, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
A.
Penalties: Any person who violates any provision of this bylaw, regulation,
or permit issued hereunder, shall be subject to fines, civil action,
criminal prosecution, and liens, as appropriate and as lawfully established
by the Town of Ashland.
B.
Abatement of the violation: The Town of Ashland shall require reimbursement
to the Town for the cost of work undertaken by the Town that resulted
from a violation under the provisions of this bylaw. The Enforcement
Authority shall invoice the property owner of expenses utilized by
the Town to abate the violation. The invoice shall be made available
within 90 days of actions undertaken by the Enforcement Authority
to abate the violation, and payment shall be made 90 days from the
date of the invoice.
C.
Criminal penalty: Any person who violates any provision of this bylaw,
regulation, order or permit issued thereunder, shall be punished by
a fine not to exceed $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
D.
Orders: The Enforcement Authority may issue a written order to enforce
the provisions of this bylaw or the regulations thereunder, which
may include:
(1)
Elimination of illicit connections or discharges to Town-owned
drainage infrastructure;
(2)
Performance of monitoring, analyses, and reporting;
(3)
That unlawful discharges, practices, or operations shall cease
and desist; and
(4)
Remediation of contamination in connection therewith.
If the Town determines that abatement or remediation of contamination
is required, such abatement or remediation must be completed within
60 days. Said order shall further advise that, should the violator
or property owner fail to abate or perform remediation within the
specified deadline, the Town may, at its option, undertake such work,
and expenses thereof shall be charged to the violator.
E.
Civil relief: If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Enforcement
Authority through the Select Board may seek injunctive relief in a
court of competent jurisdiction restraining the person from activities
which would create further violations or compelling the person to
perform abatement or remediation of the violation.
[Amended 11-20-2019 STM, Art. 13]
F.
Non-criminal disposition: As an alternative to criminal prosecution
or civil action, the Town may utilize the non-criminal disposition
procedure set forth in M.G.L. c. 40, § 21D.
(1)
The Enforcement Authority shall enforce the non-criminal dispositions.
(2)
The penalty for any person who violates any provision of this
bylaw, regulation, order, or permit issued there under, shall be punished
by a fine of $300 per violation. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
G.
Remedies not exclusive: The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this bylaw 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 bylaw.
