A.
The purpose of this bylaw is to protect natural resources, municipal
facilities and maintain and enhance public health, safety, welfare,
and environment by regulating illicit connections and discharges to
the Town of Hull's MS4 system and controlling the adverse effects
of construction site stormwater runoff and post-construction runoff.
Stormwater runoff is potentially a major cause of:
(1)
Impairment of water quality and flow in oceans, lakes, ponds, streams,
rivers, wetlands, groundwater and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream coastal areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Overloading or clogging of municipal stormwater management systems;
and
(6)
Flooding.
(7)
And other adverse effects on the environment, public health, safety
and welfare and the orderly and effective operation of the Town.
B.
The objectives of this bylaw are:
(1)
Protect water resources;
(2)
Comply with state and federal statutes and regulations relating to
stormwater discharges including total maximum daily load requirements;
(3)
To 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)
To prohibit illicit connections and unauthorized discharges to the
MS4 and require their removal;
(5)
To establish minimum construction and post construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality;
(6)
To 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)
To ensure the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
C.
In the event of a conflict between this Bylaw and/or the regulations
promulgated and any other applicable law, rule or regulation, the
more stringent shall apply unless a variance or exception is granted
by the Stormwater Authority upon application to it.
D.
Nothing contained herein or in any regulations promulgated or in
any permit or authorization issued shall be construed to be a specific
assurance of safety or assistance.
Unless otherwise specified in this bylaw or regulations adopted,
the following words shall have the following meanings. For terms used
in this bylaw and regulations not defined hereunder, other definitions
derived from relevant laws, codes, rules and regulations shall apply.
Any person, group of persons, individual, partnership, association,
firm, company, corporation, trust, entity, authority, agency, department,
or political subdivision, of the Commonwealth or the Federal government
to the extent permitted by law requesting a Land Disturbance Permit
for proposed land-disturbance activity.
An activity, procedure, restraint, or structural improvement
that helps reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as and as it is amended from time to time.
The modification of land to accommodate a new use or expansion
of use, usually involving construction or improvements.
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, Commonwealth or Town 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, 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 illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water, and
any connections from indoor drains, sinks, or toilets, regardless
of whether said connection was previously allowed, permitted, or approved
before the effective date of the Stormwater Management Bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Article II, § 354-11. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) stormwater stormwater discharge permit or resulting from fire-fighting activities and other maintenance related activities performed by the Town exempted pursuant to Article II, § 354-11A of the Stormwater Management 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,
and rooftops.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a temporary or permanent pool of
water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project 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.
The Standards 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 G.L. c. 131 § 40 and Massachusetts Clean
Waters Act G.L. c. 21, § 23-56. The Standards address stormwater
impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity
and quality 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 Hull.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
The point at which stormwater flows out from a point source
into waters of the Commonwealth.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any 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 storm sewer, water works or waters of the commonwealth.
Pollutants shall include but are not limited to:
Paints, varnishes, and solvents;
Oil, grease, antifreeze, and other automotive (including watercraft)
fluids and/or products;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Metal objects or materials, including dissolved and particulate
metals;
Animal wastes;
Rock; sand; salt; soils or other products that mix in surface
water runoff;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Surface water from precipitation or snow melt.
The local regulatory authority administering this bylaw and
other applicable laws, rules and regulations, of a group consisting
of one staff member, as designated by the Town Manager, from the Conservation
Department, Community Development and Planning Department, Building
Department, Public Works, and Sewer Departments. A quorum of the Authority
shall consist of three members.
A plan required as part of the application for a Land Disturbance
Permit.
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, property, or to the environment. Toxic or
hazardous materials include any synthetic organic chemical, petroleum
product, heavy metal, radioactive or infectious waste, acid and alkali,
and any substance defined as "toxic" or "hazardous" under MGL c. 21C
and c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, vernal pools, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
As specifically defined in the Massachusetts Wetlands Protection
Act but generally include tidal and non-tidal areas characterized
by saturated or nearly saturated soils most of the year that are located
between terrestrial (land-based) and aquatic (water) environments,
including freshwater marshes around ponds and channels (rivers and
streams), brackish and salt marshes; common names include marshes,
swamps and bogs.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the home rule statutes,
Massachusetts laws, rules and regulations and the laws, rules and
regulations of the Federal Clean Water Act found at 40 CFR 122.34.
[Amended 5-8-2021 ATM by Art. 6B]
A.
There is hereby created a Stormwater Authority comprised of one staff
member, as designated by the Town Manager, from the Conservation Department,
Community Development and Planning Department, Building Department,
Public Works and Sewer Departments, which shall administer this bylaw
and any regulations promulgated, as well as perform such other duties
assigned to it by law, the Select Board or the Town Manager. A quorum
of the Authority shall consist of three members. The Stormwater Authority
shall organize by electing a Chair, Vice-Chair and Clerk. The Stormwater
Authority may delegate and authorize any member to act as its agent,
subject to the approval of the Town Manager.
B.
The Stormwater Authority shall administer, implement and enforce
this bylaw and adopt regulations and amend same, subject to the approval
of the Select Board. Any powers granted to or duties imposed upon
the Stormwater Authority to promulgate such rules and regulations
shall not have the effect of suspending or invalidating this chapter.
The Stormwater Authority may from time to time appoint agents to act
on its behalf, subject to the approval of the Town manager.
A.
Following a public hearing in accordance with the Stormwater Regulations
on a waiver request, the Stormwater Authority may waive strict compliance
with any requirement of this bylaw or the rules and regulations promulgated
hereunder, where:
B.
Any applicant may submit a written request to be granted such a waiver
pursuant to the procedure set forth in the applicable regulations,
on such forms as the Stormwater Authority may adopt. Such a request
shall be accompanied by an explanation or documentation supporting
the waiver request and demonstrating that strict application of the
bylaw does not further the purposes or objective of this bylaw. The
Stormwater Authority may request additional information at any time
in the waiver or application process.
C.
If in the Stormwater Authority's opinion, additional time or information
is required for review of a waiver request, the Stormwater Authority
may continue a meeting or hearing to one or more certain date(s) announced
at the meeting or hearing. In the event the applicant objects to a
continuance, or fails to provide requested information, the waiver
request shall be denied.
This bylaw is intended to further the objectives of and to act
in concert with any applicable federal, state or local laws concerning
storm water discharges in the Town of Hull, including but not limited
to the requirements of the United States Environmental Protection
Agency's most recent General Permit for MS4s, and nothing in this
bylaw is intended to limit or restrict the authority of any board,
commission or officer of the Town to act in accordance with any federal,
state and local laws within their jurisdiction, and in the event of
a conflict, the more stringent requirements will control.
[Amended 5-8-2021 ATM by Art. 6B]
The Stormwater Authority may adopt, and periodically amend,
regulations, rules and/or written guidance relating to the terms,
conditions, definitions, enforcement, fees, procedures and administration
of this Stormwater Bylaw by majority vote after conducting a public
hearing to receive comments. Such hearing shall be advertised in a
newspaper of general local circulation, once in each of two successive
weeks, the first publication being at least 14 days prior to the hearing
date. Upon adoption, the Regulations shall be provided to the Select
Board for their approval. The Select Board shall review said regulations
and either adopt them as presented and as may be amended by the Select
Board or may disapprove them, said action to be taken within 30 days
of presentation to the Select Board. Failure of the Stormwater Authority
to issue such rules, or regulations, or a legal declaration of their
invalidity by a court or authority of competent jurisdiction, shall
not act to suspend or invalidate the effect 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.
