[Added 6-21-2021 by Order No. 2021-147]
The purpose of this article is to regulate and enforce the management
and discharge of stormwater into the City's stormwater system, in
accordance with state and federal laws. This article complies with
the requirements of Phase II of the National Pollutant Discharge Elimination
System (NPDES) stormwater program promulgated on December 8, 1999,
and as may be subsequently amended, under the Federal Clean Water
Act (CWA). Under the Phase II stormwater program, the United States
Environmental Protection Agency (EPA) requires regulated municipalities
to reduce the discharge of pollutants in stormwater to the maximum
extent practicable and to adopt ordinances to address the control
of sources of pollutants entering the municipal storm drain system.
A.
Stormwater authority. The Melrose Director of Public Works (Director),
acting through the City Engineer, is hereby designated as the stormwater
authority. The Director, or their agent, shall administer, implement
and enforce this article and may delegate another City department,
commission or board to act as their authorized agent for site inspections
and enforcement of this article.
B.
Stormwater rules and regulations. The Director may adopt, and periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, procedures and administration of this article. Failure
of the Director 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 article.
C.
Actions by the stormwater authority. The Director or their agent
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 the rules and regulations promulgated as part of this article:
approval, approval with conditions, disapproval, or disapproval without
prejudice.
D.
Appeal of action by the stormwater authority. Any action by the Director,
acting in his or her capacity as the stormwater authority, shall be
final. Further relief of an action by the Director made under this
article shall be reviewable in the Superior Court in a complaint filed
within 60 days thereof, in accordance with MGL c. 249, § 4.
The Director or their authorized agent shall enforce this article
and resulting regulations, standards, orders, violation notices, and
enforcement orders, and may pursue all criminal and civil remedies,
including injunctive relief and monetary damages and costs of litigation
and attorney fees, for such violations and for abatement, mitigation,
and/or compliance actions taken by the City.
As used in this article, the following terms shall have the
meanings indicated:
The person or organization applying for a stormwater management
permit or submitting an application to another Board that requires
a stormwater management permit.
Structural, nonstructural, and managerial techniques that
are recognized to be 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.
The modification of land to accommodate a new use, revised
use, or expansion of use, usually involving construction.
The Director of Public Works for the City of Melrose.
City of Melrose Department of Public Works.
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 connection to the City's sewer or drainage system that
is in violation of any City Ordinance or State or Federal law.
Not technologically possible, or not economically practicable
and achievable in light of best industry practices.
Any activity that causes a change in the existing soil cover,
which includes the position or location of soil, sand, rock, gravel,
or similar earth material. Land-disturbing activities include, but
are not limited to, clearing, clearing of trees, grubbing, grading,
filling and excavation.
The guidance document issued by the Department of Environmental
Protection, as amended, that coordinates the requirements prescribed
by state bylaws promulgated under the authority of the Massachusetts
Wetlands Protection Act, 310 CMR 10.00, and the Water Quality Regulations,
314 CMR 9.00, relating to stormwater.
The policy issued by the Commonwealth of Massachusetts Department
of Environmental Protection, as amended from time to time, 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 through 56. The policy addresses stormwater impacts
through implementation of performance standards to reduce or prevent
pollutants from reaching water bodies and to control 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, public storm drain, public storm sewer,
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 City of Melrose.
National Pollutant Discharge Elimination System. The program
under which the MS4 permits are issued and regulated.
The system of pipes, manholes, pumps and other infrastructure
whose purpose is to collect and convey wastewater.
A pipe or conduit for conveying stormwater, surface water
or relatively unpolluted water from any source.
Rainwater runoff, snowmelt runoff, and surface water runoff
and drainage.
City of Melrose Stormwater Construction Standards for the
guidance and specifications of stormwater management installation.
A permit issued by the City Engineer, after review of an
application, plans, calculations, and other supporting documents,
which is designed to protect the environment or the City from the
deleterious effects of uncontrolled and untreated stormwater runoff.
A permit will also be required for connection of private drainage
to the City's MS4.
City of Melrose rules and regulations for the management
of the MS4, including fees and fines, as periodically updated and
approved by the Director.
This article shall be applicable to the following activities.
Compliance with all provisions of this article, to the maximum extent
practicable as determined by the City Engineer, shall be a requirement
for issuance of a stormwater management permit.
A.
All subdivisions as defined in the Massachusetts Subdivision Control
Law (MGL c. 41, §§ 81K through 81GG) requiring approval
of a definitive subdivision plan.
B.
Land-disturbing activity that:
(1)
Is equal to or greater than one acre occurring, at least in part,
within the City of Melrose; or
(2)
In the sole opinion of the City Engineer has caused or will cause
stormwater-related problems within the City, regardless of predevelopment
runoff rates; or
(3)
Does not otherwise require a permit or approval from the City or
any other entity and requires a connection to the City's MS4 system.
C.
Single-family homes, condominium developments, and redevelopment
projects may be required to obtain a stormwater permit if, in the
opinion of the Director, site conditions present a potential for stormwater
runoff to create a nuisance or damage to adjacent properties.
The following activities are exempt from this article:
A.
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.
B.
Maintenance of existing landscaping, gardens or lawn areas associated
with a single-family dwelling.
C.
Repair or replacement of an existing roof of a single-family dwelling.
D.
The construction of any fence that will not alter existing terrain
or drainage patterns.
E.
The maintenance or surfacing (with pervious materials) of any unpaved
public or private way, with no increase in length or width.
F.
Repairing, repaving, or replacing an existing driveway or parking
area, with no increase to impervious area.
G.
Construction and/or maintenance of utilities (gas, water, sewer,
electric, telephone, etc.) other than drainage, which will not alter
terrain, ground cover, or drainage patterns.
H.
Emergency repairs to any stormwater management facility, structure,
or practice that poses a threat to public health or safety, or as
deemed necessary by the City Engineer.
I.
Redevelopment activities that are exclusively limited to maintenance
and improvement of existing roadways, including widening less than
a single lane, adding shoulders, correcting substandard intersections,
improving existing drainage systems, and repaving projects, shall
improve existing conditions where feasible and are exempt from any
of the parts listed above.
J.
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this article. (This
exemption does not apply to amendments or extensions of approved projects
that have not started construction. In these cases, the applicant
may need to redesign the project to comply with these requirements
at the discretion of the City Engineer.)
A.
No person shall discharge or cause to be discharged any unpolluted
waters, such as groundwater, stormwater, surface water, roof runoff,
tidewater, subsurface drainage, uncontaminated cooling water or uncontaminated
industrial process water, to any sanitary sewer. Dwellings and other
buildings and structures which require, because of infiltration of
water into basements, crawl spaces, and the like, a sump pump discharge
system shall have a permanently installed discharge line which shall
not at any time discharge water into a sanitary sewer system.
B.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers (drains)
or to a natural outlet approved by the City Engineer.
C.
Cross connections of sewer and drainage pipe are not permissible
under any circumstances. All stormwater discharges must meet the requirements
of the City of Melrose Illicit Discharge Detection and Elimination
(IDDE) Program.
D.
Property owners shall allow an employee of the City or a designated
representative of the City to inspect the building to confirm that
there is no sump pump or other prohibited discharge into the sanitary
sewer system. The City may periodically reinspect any building or
premises to determine compliance with the requirements of this section.
E.
Any property owner who previously made any connection or installation
in violation this section shall immediately remove such connection
or correct such an installation. If not removed or corrected within
30 calendar days after notice of the violation has been delivered
personally or by certified mail to the owner, the City may impose
a surcharge in the amount defined in the latest version of the SWR&R
and as approved by the City Council. Such a surcharge may also be
imposed upon any property owner, after a thirty-calendar-day notice
has been delivered, if the owner refuses to allow his or her property
to be inspected. The owner of a building or premises found to be not
in conformance with this section during periodic reinspections may
be subjected to a surcharge as described above.
A.
Illicit discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or nonstormwater discharge into the
MS4, into a receiving water, or into the waters of the commonwealth.
The following nonstormwater discharges or flows are exempt from the
prohibition of nonstormwater discharge, provided that the source is
not a significant contributor of a pollutant to the municipal storm
drain system:
(1)
Discharge or flow resulting from firefighting activities;
(2)
Water line flushing;
(3)
Flow from potable water sources;
(4)
Springs;
(5)
Natural flow from riparian habitats and wetlands;
(6)
Diverted stream flow;
(7)
Rising groundwater;
(8)
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20)
or uncontaminated pumped groundwater;
(9)
Permitted water from exterior foundation drains, footing drains (not
including active groundwater dewatering systems), crawl space pumps,
or air-conditioning condensation;
(10)
Discharge from landscape irrigation or lawn watering;
(11)
Water from individual residential car washing;
(12)
Discharge from dechlorinated 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;
(13)
Discharge from street sweeping;
(14)
Dye testing, provided verbal notification is given to the City
Engineer prior to the time of the test;
(15)
Nonstormwater discharge permitted under an NPDES permit or a
surface water discharge permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the Massachusetts Department of Environmental Protection,
provided that the discharge is in full compliance with the requirements
of the permit, waiver, or order and applicable laws and regulations;
and
(16)
Discharge for which advanced written approval is received from
the DPW as necessary to protect public health, safety, welfare or
the environment.
B.
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
City Engineer.
The City Engineer may, at any time, require such catch basins
and traps to be introduced along the line of any private drain, or
on the discharge of any fixture connecting therewith, as he/she may
deem necessary for the proper maintenance of such private drain or
of the main drain. Catch basins and traps shall be constructed and
maintained in accordance with the Melrose Construction Standards.
Except by special consent of the City Engineer, no private drain
will be allowed to connect with any public drain. All private drains
shall be laid accurately to straight lines and grades. Proposals to
connect a private drain to the City's drainage system shall include
a letter explaining the need for the connection and a site plan stamped
by a Massachusetts registered professional engineer. No connections
of private drainage will be allowed to a municipal storm drain, unless
the applicant provides sufficient evidence that all reasonable options
for on-site handling of said stormwater have been explored and the
recommended stormwater management system is approved by the City Engineer.
Any land alteration, including but not limited to any excavation, paving, curb cutting, street opening, or any activity that will alter the drainage characteristics of a parcel of land and meets the thresholds of § 228-83 above (Applicability) shall obtain a permit from the Department.
A.
Application: The applicant shall file a completed application package
using the most current application form provided in the City's SWR&R.
While the applicant may be a representative, the permittee must be
the owner of the sites or holder of an easement. The application package
shall include:
(1)
A completed application form with original signatures of all owners.
(2)
A set of plans depicting existing and proposed site conditions. The
site plan showing all proposed stormwater infrastructure shall be
stamped by a Massachusetts registered professional engineer.
(3)
A stormwater management plan, including project description.
(4)
An operation and maintenance plan, including a checklist of all operations
and maintenance requirements along with their recommended frequency.
(5)
An erosion and sediment control plan.
(6)
A waste control plan.
B.
Inspection: By filing an application for a permit, the applicant
grants the Department, or its agent, permission to enter the site
to verify the information in the application and to inspect for compliance
after issuance of the permit. At a minimum, an inspection shall be
conducted at the following stages of construction:
(1)
Inspection of erosion and sedimentation controls prior to land disturbance;
(2)
Inspection of the excavation for the stormwater management system
to ensure adequate separation of the stormwater system from groundwater
and to confirm the presence of the approved soil type;
(3)
Inspection of the completed stormwater management system prior to
backfilling of any underground drainage structures; and
(4)
Final inspection to confirm the as-built features.
C.
As-builts. After construction is complete, applicants shall submit
as-built plans to the Department. The as-built plan shall be signed
and sealed by a Massachusetts registered professional engineer and
shall comply with the City's SWR&R and the subdivision rules and
regulations. The plan must be satisfactory to the City Engineer, and
any requested modifications or additions shall be made prior to approval.
D.
Performance criteria.
(1)
The requirements herein shall comply with the latest version of the
City's SWR&R and all applicable state and federal regulations.
(2)
No discharge of stormwater from any property shall have an adverse
impact or cause damage to any other private property or public infrastructure.
(3)
Low-impact development (LID) site planning and design strategies
must be considered in order to reduce the discharge of stormwater
from the development site.
(4)
Stormwater systems on new development sites one acre or larger, where
new development is defined as construction or land alteration on an
area that has not previously been developed to include impervious
cover, shall be designed to meet an average annual pollutant removal
as required in the latest version of the City's MS4 permit.
(5)
Stormwater systems on redevelopment sites shall be designed to meet
an average annual pollutant removal as required by the latest version
of the City's MS4 permit.
(6)
Roadway widening or improvements that increase the amount of impervious
area on the redevelopment site by greater than or equal to a single
lane width shall meet the requirements listed above fully.
E.
All proposed structural stormwater BMPs on sites in an area tributary
to Ell Pond shall conform to the SWR&R and all applicable requirements
of the City's MS4 permit.
F.
The applicant shall prepare and implement an erosion and sedimentation
control plan to prevent the introduction of sediments into the City's
stormwater system.
G.
The design of any facilities required pursuant to this section shall
be subject to the approval of the City Engineer, and the design, installation
and maintenance of such facilities shall be at the facility owner's
expense. The City shall have the right to inspect such facilities.
H.
The applicant shall prepare and submit a plan to control waste materials
that are expected to be generated or stored on the construction site.
These wastes include, but are not limited to discarded building materials,
concrete truck washout, chemicals, litter, sanitary waste, and material
stockpiles. The applicant must describe in narrative form a plan to
prevent pollutants from these materials, including storage practices,
from running off-site or entering the MS4.
I.
The applicant shall submit to the DPW a description of all new BMPs
including location, design and installation plans, vendor and manufacturer,
and maintenance requirements.
J.
An operation and maintenance plan shall be required for all structural
BMPs before final DPW approval for all projects. The project proponent,
or future owner, shall be responsible for future maintenance of such
BMPs. This requirement shall be recorded with the property deed. The
operation and maintenance plan shall remain on file at the Engineering
Division and shall be an ongoing requirement. The operation and maintenance
plan shall comply with the SWR&R.
K.
Stormwater management easements are required for all areas used for
off-site stormwater control unless a waiver is granted by the DPW.
Easements shall be recorded with the Middlesex County Registry of
Deeds prior to issuance of a permanent occupancy permit.
L.
Standard requirements or specifications to regulate the terms, conditions,
definitions, enforcement, fees, procedures, and administration of
this section shall be established in the SWR&R.
