[Adopted 6-21-2021 by Order No. 2021-054[1]]
[1]
Editor's Note: This Order also repealed former Art. II, Stormwater
Management and Land Disturbance, adopted 6-15-2015 by Order No. 2015-103 (Ch. 13.14 of the
1993 Code), as amended.
A.
The harmful impacts of polluted and unmanaged stormwater runoff are
known to cause:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands, and groundwater;
(2)
Contamination of drinking water supplies;
(3)
Erosion of stream channels;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Flooding; and
(6)
Overloading or clogging of municipal storm drain systems.
B.
The objectives of this article are to:
(1)
Protect groundwater and surface water from degradation;
(2)
Require practices that reduce soil erosion and sedimentation and
control the volume and rate of stormwater runoff resulting from development,
construction, and land surface alteration;
(3)
Promote infiltration and the recharge of groundwater;
(4)
Prevent pollutants from entering the City of Quincy municipal separate
storm sewer system (MS4) and to minimize discharge of pollutants from
the MS4;
(5)
Ensure adequate, long-term operation and maintenance of structural
stormwater best management practices;
(6)
Ensure that soil erosion and sedimentation control measures and stormwater
runoff control practices that are incorporated into the site planning
and design processes are implemented and maintained;
(7)
Require practices to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality;
(8)
Comply with state and federal statutes and regulations relating to
stormwater discharges; and
(9)
Establish the City of Quincy's legal authority to ensure compliance
with the provisions of this article through inspection, monitoring,
and enforcement.
The following definitions shall apply in the interpretation and enforcement of this article. Additional terms that apply to issuance of a permit established by this article shall be defined and included as part of the rules promulgated and from time to time amended under § 300-19 of this article, a copy of which is available at the Conservation Commission and the office of the City Clerk. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act[1] and its implementing regulations.
Any activity which will measurably change the ability of
a ground surface area to absorb water or will change existing surface
drainage. "Alter" may be similarly represented as "alteration of drainage
characteristics" and "conducting land disturbance activities."
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 and land disturbance permit,
for proposed land disturbance activity.
The City of Quincy Department of Public Works stormwater
management and land disturbance permit application.
A plan of land that does not require approval under the Subdivision
Control Law of Massachusetts (MGL c. 41, §§ 81K through
81GG).
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.
The City of Quincy, Massachusetts.
The City Engineer of the City of Quincy or his/her designee.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
Any activity that removes the vegetative surface cover.
The Commissioner of Public Works of the City of Quincy or
his/her authorized deputy, agent or representative.
Any announcement or piece of documentation (including a contract,
public notice or hearing, advertisement, drawing, plan, or permit
application, etc.) or physical demarcation (including boundary signs,
lot stakes, surveyor marking, etc.) indicating imminent or future
plans to disturb earth regardless of how many phases or how long it
will take to complete. Under this article, a facility is no longer
considered a common plan if the following criteria are met:
The original plan, including modifications, was substantially
completed with less than one acre of the original common plan remaining
(i.e., less than one acre of the common plan was not built out at
the time); and
There was clearly an identifiable period of time (two years
or more) where there was no ongoing construction, including meeting
the criteria for final stabilization.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter, and
sanitary waste at a construction site that may adversely impact water
quality.
The party that has operational control over construction
plans and specifications; and/or the party that has day-to-day operational
control over development activities at the subject site.
The modification of land to accommodate a new use or expansion
of use usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the MS4 system or into the waters of the commonwealth
or the United States from any source.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings, and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control which includes best management
practices or equivalent measures designed to control surface runoff,
erosion and sedimentation during pre-construction and construction-related
land disturbance activities. A stormwater pollution prevention plan
prepared under the NPDES general permit for discharges from construction
activities will fulfill this requirement.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Stormwater or groundwater.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the MS4 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 article.
Direct or indirect discharge to the MS4 system that is not composed entirely of stormwater, except as exempted in § 300-22. 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 or other public safety activities exempted pursuant to § 300-22 of this article.
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.
For the purpose of this article, infeasible means not technologically
possible or not economically practicable and achievable in light of
best industry practices.
Any activity that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
See also "alter."
Stormwater management practices that are modeled after natural
hydrologic features. Low-impact development techniques manage rainfall
at the source using uniformly distributed decentralized microscale
controls. Low-impact development techniques use small cost-effective
landscape features located at the lot level.
Massachusetts General Laws Chapter 131A and its implementing
regulations at 321 CMR 10.00 which prohibit the taking of any rare
plant or animal species listed as endangered, threatened, or of special
concern.
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 to 56. The policy addresses
stormwater impacts through implementation of stormwater management
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
The requirements described in the Massachusetts Stormwater
Handbook, as they may be amended from time to time, that address water
quality (pollutants) and water quantity (flooding, low base flow,
and recharge) by stablishing standards that require the implementation
of a wide variety of stormwater management strategies. These strategies
include environmentally sensitive site design and low-impact development
techniques to minimize impervious surface and land disturbance, source
control and pollution prevention, structural best management practices,
construction period erosion and sedimentation control, and the long-term
operation and maintenance of stormwater management systems. The Stormwater
Management Standards have been incorporated in the Wetlands Protection
Act Regulations, 310 CMR 10.05(6)(k), and the Water Quality Certification
Regulations, 314 CMR 9.06(6)(a).
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 City.
A permit issued by the 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 total earth disturbances greater than one acre (or activities that
are part of a larger common plan of development disturbing greater
than one acre) on an area that has not previously been developed to
include impervious cover.
Discharge to the MS4 not composed entirely of stormwater.
A permit issued by the United States Environmental Protection
Agency jointly with the Massachusetts Department of Environmental
Protection that authorizes the discharge of pollutants related to
applicable construction activities in accordance with the effluent
limitations and conditions of the permit.
A permit issued by the United States Environmental Protection
agency jointly with the Massachusetts Department of Environmental
Protection that authorizes the discharge of stormwater only through
the municipal storm drain system to waters of the United States.
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to verify that it continues to function as designed,
at a minimum, in accordance with the Massachusetts Stormwater Handbook
Standards, or more stringent standards, if necessary.
A point source as defined by 40 CFR 122.2 at the point where
a municipal separate storm sewer discharges to waters of the United
States and does not include open conveyances connecting two municipal
separate storm sewers or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United
States and are used to convey waters of the United States.
Waters designated by the Massachusetts Department of Environmental
Protection as outstanding resource waters. These waters have exceptional
sociological, recreational, ecological, and/or aesthetic values and
are subject to more stringent requirements under both the Massachusetts
Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater
Management Standards. Outstanding resource waters include:
A person, partnership, association, company or trust with
a legal or equitable interest in real 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.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural wastes discharged
into water.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act[2] and its regulations.
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.
A person knowledgeable in the principles and practice of
erosion and sediment controls and pollution prevention, who possesses
the appropriate skills and training to assess conditions at the development
site that could impact stormwater quality, and the appropriate skills
and training to assess the effectiveness of stormwater BMPs selected
and installed to meet the requirements of this article.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
The development, replacement, rehabilitation, expansion,
demolition, or phased projects that disturb the ground surface or
increase the impervious area on previously developed sites. Standards
of redevelopment only apply to the portions of the parcel that currently
contain alteration by human activities.
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.
Stormwater runoff, snowmelt runoff, surface water runoff,
and drainage.
A structural or nonstructural technique for managing stormwater
to prevent or reduce nonpoint source pollutants from entering surface
waters or groundwaters. A structural stormwater best management practice
includes a basin, discharge outlet, swale, rain garden, biofilter,
or other stormwater treatment practice or measure either alone or
in combination, including without limitation any discharge pipe, overflow
pipe, conduit, or weir control structure that is not naturally occurring;
is not designed as a wetland replication area; and has been designed,
constructed, and installed for the purpose of conveying, collecting,
storing, discharging, recharging, or treating stormwater. Nonstructural
stormwater best management practices include source control and pollution
prevention measures.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
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 from the effects of uncontrolled
and untreated stormwater runoff.
A plan required as part of the application for a stormwater
management and land disturbance permit and which may include, but
not be limited to, narrative, calculations, hydrologic models, figures,
drawings, consideration of low-impact development (LID) techniques,
details and long-term operations and maintenance developed by a qualified
professional engineer (PE) which describes the structural and nonstructural
stormwater best management practices necessary to meet the requirements
of the Massachusetts Stormwater Handbook performance standards.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
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,
or 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 or 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 40.0000.
Total suspended solids.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
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-man 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.
All waters within the jurisdiction of the United States,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and in Chapter 349, Wetlands Protection, of this Code.
Tidal and nontidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, including freshwater
marshes around ponds and channels (rivers and streams) and brackish
and salt marshes; common names include marshes, swamps and bogs.
This Stormwater Management and Land Disturbance Article is hereby
established in the City of Quincy, Massachusetts. This article is
adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the home rule statutes, and pursuant to
the regulations of the federal Clean Water Act found at 40 CFR 122.34.
A.
This article shall be applicable to the following activities:
(1)
Any subdivision as defined in the Massachusetts Subdivision Control
Law (MGL c. 41, §§ 81K to 81GG) requiring a definitive
plan;
(2)
Any activities that result in a land disturbance of one acre or greater
within the City of Quincy. "Land disturbance" shall mean any action
that causes vegetation clearing (including tree cutting) or a change
in the position, location, or arrangement of soil, sand, rock, gravel
or similar earth material; and
(3)
Any activities that result in a land disturbance less than one acre
if the project is part of a larger common plan of development which
will disturb one acre or more within the City of Quincy. Plans that
do not require approval under the Subdivision Control Law, hereafter
referred to as "approval not required or ANR lots," and meet one or
more of the applicability criteria described herein are subject to
the provisions of this article and shall obtain a stormwater management
and land disturbance permit.
B.
No person who meets the applicability of this article shall alter
land within the City of Quincy without having obtained a stormwater
management and land disturbance permit, with the following exemptions:
(1)
Normal maintenance and improvement of land in agricultural or aquacultural
use, as defined by the Wetlands Protection Act Regulations, 310 CMR
10.04, and MGL c. 40A, § 3.
(2)
Ground disturbances in the course of customary cemetery use and regular
maintenance.
(3)
Maintenance of existing landscaping, gardens, or lawn areas associated
with a single-family dwelling.
(4)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns.
(5)
Construction of utilities other than drainage (gas, water, electric,
telephone, etc.) which will not alter terrain or drainage patterns.
(6)
Any work or projects for which the required permit applications have
been submitted to the Planning Board, Zoning Board of Appeals, and/or
Conservation Commission before the effective date of this article.
For proposed subdivisions, a definitive plan must have been submitted
to be considered exempt from this article.
(7)
Emergency repairs to any stormwater management facility or practice,
such that the original design, location, size, and technology remain
the same, that poses a threat to public health or safety or as deemed
necessary by the Conservation Commission or its authorized agent.
(8)
Municipal roadway and public walkways related to redevelopment of
municipal roadways 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). Roadway widening
or improvements that increase the amount of impervious area on a redevelopment
site by greater than or equal to a single lane width shall meet pollutant
removal requirements within this article.
(9)
Any construction activity or project wholly within the jurisdiction of the Conservation Commission, provided that an order of conditions has been issued by the Conservation Commission under MGL c. 131, § 40, and Chapter 349, Wetlands Protection, of the Quincy Municipal Code, provided that the order of conditions is not less restrictive than the requirements of this article.
C.
Coordination with other permit and article requirements.
(1)
A party shall not be deemed compliant with the provisions of this
article by virtue of its obtaining a City earth removal permit, order
of conditions from the Conservation Commission, building permit, subdivision
approval, and/or special permit, variance or finding from the Zoning
Board of Appeals for a project or activity that meets the scope and
applicability of this article, No work shall commence until the site
owner or his/her agent submits a complete stormwater management and
land disturbance permit application and the site owner and applicant
sign and certify that all land clearing, construction, and development
will be done pursuant to the approved plans and permit.
(2)
This article is not intended to interfere with, abrogate, or annul
any other ordinance, rule or regulation, statute, or other provision
of law. The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall take precedence.
(3)
In case of conflicting requirements, applicable state statutes and
regulations shall be considered the more restrictive or more protective
of human health and the environment and shall take precedence over
this article and the regulations promulgated thereunder. These state
statutes and regulations include, but are not limited to, the following
documents: the Massachusetts Wetlands Protection Act, the Massachusetts
Rivers Act, the Massachusetts Watershed Protection Act, and the Massachusetts
Stormwater Management Standards, as amended.
The City Engineer shall administer, implement and enforce this
article. Any powers granted to or duties imposed upon the City Engineer
may be delegated in writing by the City Engineer to other Department
of Public Works employees. The City Engineer or his designee shall
act as the stormwater management and land disturbance permit administrator.
A.
Rules and regulations. The Department of Public Works may adopt,
and periodically amend, rules, regulations, policies or guidelines
relating to the terms, conditions, definitions, fees (including application,
clerical, inspection, and/or consultant fees), procedures, and administration
of this article, as long as they are not less stringent than those
in the MS4 general permit. Failure of the Department to promulgate
such rules and regulations shall not be deemed a waiver by the Department
or serve to suspend or invalidate the effect of this article.
B.
Stormwater Management Handbook. The Department will utilize the Massachusetts
Stormwater Management Standards and Handbook, as amended from time
to time, for criteria and information including specifications and
standards for the execution of the provisions of this article. These
include a list of acceptable stormwater treatment practices, with
specific design criteria for each. Unless specifically altered in
this article and regulations, stormwater management practices that
are designed, constructed, and maintained in accordance with the Massachusetts
Stormwater Management Standards and design and sizing criteria in
the Stormwater Management Handbook shall be presumed by the Conservation
Commission to be protective of Massachusetts water quality standards.
C.
Actions by the Department. The City Engineer 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, policies, or guidelines promulgated as part of this article: approval, approval with conditions, or disapproval. Failure of the City Engineer to take final action upon an application within the time specified in the rules, policies or guidelines created or promulgated under Subsection A of this section shall be deemed to be a denial of said application.
D.
Appeals. The decisions or orders of the City Engineer shall be final.
Further relief shall be to a court of competent jurisdiction.
A.
Application. A completed application for a stormwater management
and land disturbance permit shall be filed with the City Engineer.
While the applicant can be a representative, the permittee must be
the owner of the site.
B.
The stormwater management and land disturbance permit application
package shall include:
(1)
A completed application form with original signatures of all owners;
(2)
Ten copies of the stormwater management plan and project description
as required by this article;
(3)
Ten copies of the erosion and sediment control plan as required by
this article;
(4)
Ten copies of the operation and maintenance plan as required by this
article; and
(5)
Payment of the application and review fees.
C.
Fee structure. Each application must be accompanied by the appropriate
application fee as established by the City. Applicants shall pay review
fees sufficient to cover any expenses connected with review of the
stormwater management and land disturbance permit application before
the review process commences. The City Engineer is authorized to retain
a registered professional engineer or other professional consultant
to advise him/her on any or all aspects of the application.
D.
Permit procedures and requirements, including permit submittals, right of entry, and fee schedule, shall be defined and included as part of the rules and regulations created or promulgated under § 300-19A of this article.
E.
Review process. The City Engineer will review the stormwater management
and land disturbance permit application for completeness, including
conformance with the objectives of this article related to the following
elements:
F.
Use of low-impact development (LID) techniques. The applicant shall
consider LID site planning and design strategies as part of the development
unless such practices are infeasible.
G.
Public comment. Once the applicant files an application, the applicant
shall publish a notice in a newspaper of general circulation in the
City to inform the public that the application is available for inspection
and comment during normal business hours for five days from the date
of publication.
(1)
The applicant shall submit to the City Engineer, no more than five
business days after publication, a copy of the newspaper notice.
(2)
Where opportunities for public comment are provided by other City
departments, boards, or commissions, these opportunities will be considered
sufficient to meet the intent of this section.
(3)
Public comments will be considered for relevance with City Municipal
Code and the proposed development.
A.
Erosion and sediment controls. Criteria for erosion and sediment control and stormwater management shall be in accordance with the EPA Region 1 Construction General Permit, standards of the Massachusetts Stormwater Handbook, and any supplemental requirements that may be contained under the regulations of § 300-19A of this article.
B.
Construction and waste materials. Construction related materials
and wastes generated from development activities, including demolition
debris, litter, and sanitary wastes, shall be managed to prevent mobilization
of pollutants into drainage structures and/or Waters of the United
States.
C.
Inspections. Conformance with erosion and sediment control and construction
waste management standards will be assessed during construction site
inspections.
(1)
Construction site inspections shall be conducted by the applicant's
qualified inspector. Noncompliance issues identified during inspections
are the responsibility of the construction site operator to resolve
in a timely manner. Inspections by the applicant shall occur at the
frequency prescribed in the EPA Region 1 Construction General Permit
and include information consistent with construction general permit
inspection reporting requirements.
(2)
Inspections shall occur during construction of construction-phase
BMPs and after construction of construction-phase BMPs to verify they
are working as described in the approved plans.
(3)
The City Engineer or delegated representative(s) may conduct periodic
inspections of the development to verify compliance with the conditions
of the stormwater management and land disturbance permit.
(4)
All inspection reports prepared by the applicant shall be made available
during the City Engineer or delegated representative's inspections.
(5)
Additional inspections may be conducted as needed if chronic deficiencies
are identified.
D.
New development. Stormwater management systems constructed as part
of new development projects shall be designed to remove 90% of the
average annual load of total suspended solids (TSS) generated from
the total post-construction impervious surface area on the site and
60% of the average annual load of total phosphorus (TP) generated
from the total post-construction impervious surface area on the site.
In addition, stormwater management systems constructed as part of
new development projects located within the Neponset River watershed
shall be optimized for nitrogen removal. This can be achieved by one
of the following methods, provided they meet, at a minimum, the design
standards of the Massachusetts Stormwater Handbook:
(1)
Installing BMPs that meet pollutant removal percentages; Massachusetts
Stormwater Handbook;
(2)
Retaining the volume of runoff equivalent to, or greater than, one
inch multiplied by the total post-construction impervious surface
area on the new development site;
(3)
A combination of these two methods; or
(4)
Utilization of offsite mitigation within the same USGS HUC12 to meet
the equivalent pollutant removal requirements.
E.
Redevelopment. Stormwater management systems constructed as part
of redevelopment projects shall be designed to remove 80% of the average
annual load of total suspended solids (TSS) generated from the total
post-construction impervious surface area on the site and 50% of the
average annual load of total phosphorus (TP) generated from the total
post-construction impervious surface area on the site. In addition,
stormwater management systems constructed as part of redevelopment
projects located within the Neponset River watershed shall be optimized
for nitrogen removal. This can be achieved by one of the following
methods, provided they meet, at a minimum, the design standards of
the Massachusetts Stormwater Handbook:
(1)
Installing BMPs that meet pollutant removal percentages; Massachusetts
Stormwater Handbook;
(2)
Retaining the volume of runoff equivalent to, or greater than, 0.8
inch multiplied by the total post-construction impervious surface
area on the new development site;
(3)
A combination of these two methods; or
(4)
Utilization of offsite mitigation within the same USGS HUC12 to meet
the equivalent pollutant removal requirements.
A.
The City Engineer may grant a waiver to an applicant allowing for
an exemption from strict compliance with any requirement of this article
or the rules and regulations promulgated hereunder after issuing a
written opinion that such a waiver is:
A.
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) from a professional
engineer (PE), surveyor, or certified professional in erosion and
sediment control certifying that all stormwater management BMPs have
been constructed in accordance with the stormwater management plan
and approved changes and modifications have been completed in accordance
with the conditions of the approved permit. Any discrepancies should
be noted in the cover letter. These documents will be provided to
the City Engineer no later than two years after the completion of
the Development and be provided in an electronic format, as discussed
with the City Engineer.
B.
The number of site reviews, inspections, and enforcement actions
conducted by the City Engineer as part of the implementation of this
article will be tracked for regulatory reporting purposes.
A.
Orders.
(1)
The Department may issue a written order to enforce the provisions
of this article or the regulations thereunder, which may include abatement,
mitigation, and compliance measures for violations of this article.
The order shall set forth a deadline by which such abatement or remediation
must be completed. Said order shall further advise that, should the
violator or property owner fail to abate or perform remediation within
the specified deadline, the City may, at its option, undertake such
work after advising the owner of the cost associated with the remediation,
and expenses thereof shall be charged to the violator.
(2)
Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property
owner will be notified of the costs incurred by the City, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Department
within 30 days of receipt of the notification of the costs incurred.
If the amount due is not received by the expiration of the time in
which to file a protest or within 30 days following a decision affirming
or reducing the costs, or from a final decision of a court of competent
jurisdiction, the costs shall become an assessment against the property
owner and shall constitute a municipal charges lien on the owner's
property for the amount of said costs. Interest shall begin to accrue
on any unpaid costs at the statutory rate provided in MGL c. 59, § 57,
after the 31st day at which the costs first become due.
B.
Civil relief. The Department of Public Works or an authorized agent
of the Department shall enforce this article and resulting rules,
regulations, policies, guidelines, orders, violation notices, and
enforcement orders and may pursue all civil and criminal remedies,
including injunctive relief and monetary damages and costs of litigation
and attorney fees, for such violations and for abatement and mitigation
and compliance actions taken by the Department.
C.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the City may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case the
Commissioner or other authorized agent of the City shall be the enforcing
person. The penalty for a violation shall be $300 per violation. Each
day or part thereof that such violation occurs or continues shall
constitute a separate offense.
D.
Right to enter and inspect. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department's agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this article and may make or cause to be made such examinations, surveys, or sampling the Department deems reasonably necessary to determine compliance with a permit issued under this article. Enforcement may be further defined and included as part of the rules, policies or guidelines created or promulgated under § 300-19A of this article.
E.
Appeals. The decisions or orders of the Department shall be final.
Further relief shall be to a court of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state, or local law.
