A.Â
The purpose of this bylaw is to protect, maintain, and enhance the
public health, safety, general welfare, and environment in the management,
operation, and maintenance of the Town's stormwater system by
establishing minimum requirements and procedures to control the adverse
effects of soil erosion and sedimentation, construction site runoff,
increased post-development stormwater runoff, and nonpoint source
pollution associated with new development and redevelopment.
B.Â
Stormwater runoff is a major cause of impairment of water quality
and flow in lakes, ponds, rivers, wetlands, groundwater and drinking
water supplies. It may cause contamination of drinking water supplies
or downstream areas. It may alter or destroy aquatic and wildlife
habitat, and it may overload or clog the municipal stormwater management
system and cause flooding.
C.Â
The objectives of this bylaw are to:
(1)Â
Protect water resources;
(2)Â
Comply with state and federal statutes and regulations relating to
stormwater discharges, including total maximum daily load (TDML) requirements;
(3)Â
Prevent pollutants from entering the Town's municipal separate
storm sewer system (MS4) and reduce or eliminate pollutants entering
the Town's MS4 from existing uses;
(4)Â
Prohibit illicit connections and unauthorized discharges to the MS4
and require their removal;
(5)Â
Establish minimum construction and post-construction stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
(6)Â
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)Â
Establish the Town of Middleborough's legal authority to ensure
compliance with the provisions of this bylaw through inspection, monitoring,
and enforcement.
D.Â
Nothing in this bylaw is intended to replace the requirements of
the Massachusetts Wetlands Protection Act,[1] the Middleborough Conservation Commission Policy, or any
bylaw that may be adopted by the Town of Middleborough, or any rules
and regulations adopted thereunder. Any activity subject to the provisions
of the above-cited bylaw, any other bylaw, or rules and regulations,
must comply with the specifications of each. In case of conflict,
the more stringent provisions shall apply.
[1]
Editor's Note: See MGL c. 131, § 40.
For the purposes of this bylaw, the following shall mean:
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 for proposed land-disturbing
activities.
The Town of Middleborough Board of Selectmen, its 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.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition 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.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, 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 pre-construction
and construction-related land disturbance activities.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows
an unauthorized discharge of pollutants into the municipal storm drain
system, including, without limitation sewage, process wastewater,
or wash water; and any connections from indoor drains, sinks, or toilets,
regardless of whether said connection was previously allowed, 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 § 238-12. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to § 238-12 of this bylaw.
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. Impervious surface includes,
without limitation, roads, paved parking lots, sidewalks, tennis/sports
courts, and rooftops.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
site.
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.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
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.
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 Middleborough.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Any construction activities or land alteration resulting
in earth disturbances on an area that has not previously been developed
to include impervious cover.
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 or best management practice to ensure that it continues
to function as desired.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, unincorporated entity, business enterprise, 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, and floatables;
Pesticides, herbicides, and fertilizers, unless applied in accordance
with manufacturer's instructions;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals above the EPA's ambient
water quality criteria;
Animal wastes;
Rock, sand, salt, soils, unless applied for the purpose of public
safety;
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.
The area or extent of construction activities, including
but not limited to the creation of new impervious cover, improvement
of existing impervious cover, or disturbance of existing topography.
Any earth, sand, rock, gravel, or similar material.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
The Town of Middleborough Stormwater Committee is an agent
of the Board of Selectmen. The Stormwater Committee is comprised of
the Town Manager, the Department of Public Works Director, the Assistant
Highway Superintendent, the Building Commissioner, the Conservation
Commission Agent, the Health Officer, and the Town Planner.
A permit issued by the Massachusetts Department of Environmental
Protection (MassDEP) 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 c.
21E and the regulations at 310 CMR 30.000 and 310 CMR 40.000.
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,
including a river, brook, stream, canal, 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.
Tidal and nontidal areas characterized by saturated or nearly
saturated soils most of the year and specific vegetation 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." Wetlands shall include all areas
defined as such in 310 CMR 10.00 and per the Middleborough Conservation
Commission Policy.
Areas specified in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the home rules statutes,
and the regulations of the Federal Clean Water Act found at 40 CFR
122.34.
The Board of Selectmen shall administer, implement, and enforce
this bylaw. Any powers granted or duties imposed upon the Board of
Selectmen may be delegated, in writing, by the Board to its employees
or agents.
A.Â
The Board of Selectmen may adopt and periodically amend regulations,
rules, and/or written guidance relating to the terms, conditions,
definitions, enforcement, fees, procedures, and administration of
this bylaw by majority vote after conducting a public hearing to receive
comments. Such hearing shall be advertised in a newspaper of general
local circulation, at least 14 days prior to the hearing date. Failure
of the Board to issue such rules or regulations, or a legal declaration
of their invalidity by a court, shall not act to suspend or invalidate
the effect of this bylaw.
B.Â
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 Board, without the requirement for a public hearing as detailed in Article III of this bylaw. Administrative review approval shall comply with all other provisions of this bylaw.
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.
