(C0268-18)
(a)
The
purpose of this Chapter is to protect the health, safety, general
welfare and environment by regulating illicit connections and discharges
to the storm drain 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 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.
(b)
The
objectives of this Chapter are:
(1)
To
protect water resources;
(2)
To
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 city’s municipal separate
storm sewer system (MS4) and reduce or eliminate pollutants entering
the city’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 compliance with the provisions of this Chapter through inspection,
monitoring, and enforcement.
(C0268-18)
Definitions applicable to this Chapter are as follows:
(a)
Applicant:
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 land disturbance permit for proposed land-disturbance
activity.
(b)
Clean
Water Act: The Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), as hereafter amended.
(c)
Development:
The modification of land to accommodate a new use or expansion of
use, usually involving construction.
(d)
Discharge
of pollutants: 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.
(e)
Disturbance
of land: Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
(f)
Erosion:
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.
(g)
Erosion
and Sedimentation Control Plan: 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.
(h)
Groundwater:
Water beneath the surface of the ground.
(i)
Illicit
connection: 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 this chapter.
(j)
Illicit discharge: Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Section 15A-22(d)(2). The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to Section 15A-22(d)(1).
(k)
Impervious
surface: 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.
(l)
Impoundment:
A stormwater pond created by either constructing an embankment or
excavating a pit which retains a permanent pool of water.
(m)
Infiltration:
The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
(n)
Land-disturbing
activity: Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
(o)
Land
Use of Higher Potential Pollutant Load (LUHPPL): 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.
(p)
Massachusetts Stormwater Management Standards: 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, M.G.L. Chapter 131, Section 40 and Massachusetts Clean Waters Act, M.G.L. Chapter 21, Section 23-56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and to control the quantity and quality of runoff from a site.
(q)
Municipal
separate storm sewer system (MS4) or municipal storm drain system:
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 manmade or altered drainage channel, reservoir,
and other drainage structure that together comprise the storm drainage
system owned or operated by the City of Everett.
(r)
National
Pollutant Discharge Elimination System (NPDES) stormwater discharge
permit: A permit issued by the United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
(s)
Non-stormwater
discharge: Discharge to the municipal storm drain system not composed
entirely of stormwater.
(t)
Operation
and maintenance plan: 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.
(u)
Outfall:
The point at which stormwater flows out from a point source into waters
of the Commonwealth.
(v)
Owner:
A person with a legal or equitable interest in property.
(w)
Person:
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.
(x)
Point
source: 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.
(y)
Pre-construction:
All activity in preparation for construction.
(z)
Pollutant:
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 sewage treatment works or waters of the commonwealth. Pollutants
shall include without limitation:
(1)
Paints,
varnishes, and solvents;
(2)
Oil
and other automotive fluids;
(3)
Nonhazardous
liquid and solid wastes and yard wastes;
(4)
Refuse,
rubbish, garbage, litter, or other discarded or abandoned objects,
ordnance, accumulations and floatables;
(5)
Pesticides,
herbicides, and fertilizers;
(6)
Hazardous
materials and wastes; sewage, fecal coliform and pathogens;
(7)
Dissolved
and particulate metals;
(8)
Animal
wastes;
(9)
Rock;
sand; salt; soils;
(10)
Construction wastes and residues; and
(11)
Noxious or offensive matter of any kind.
(aa)
Recharge:
The process by which groundwater is replenished by precipitation through
the percolation of runoff and surface water through the soil.
(bb)
Redevelopment:
Development, rehabilitation, expansion, demolition or phased projects
that disturb the ground surface on previously developed sites.
(cc)
Runoff:
Rainfall, snowmelt, or irrigation water flowing over the ground’s
surface.
(dd)
Sediment:
Mineral or organic soil material that is transported by wind or water
from its origin to another location; the product of erosion processes.
(ee)
Sedimentation:
The process or act of deposition of sediment.
(ff)
Site:
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
(gg)
Slope:
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
(hh)
Soil:
Any earth, sand, rock, gravel, or similar material.
(ii)
Stabilization:
The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
(jj)
Stormwater:
Runoff from precipitation or snow melt and surface water runoff and
drainage.
(kk)
Stormwater
authority: The City of Everett Planning Board or its authorized agent(s).
(ll)
Stormwater
Management Plan (SWMP): A plan required as part of the application
for a land disturbance permit.
(mm)
Toxic
or hazardous material or waste: 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 M.G.L. Chapters 21C and 21E, and
the regulations at 310 CMR 30.000 and 40.000.
(nn)
Wastewater:
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.
(oo)
Watercourse:
A natural or manmade channel through which water flows or a stream
of water, including a river, brook or underground stream.
(pp)
Waters
of the Commonwealth: All waters within the jurisdiction of the Commonwealth,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
(qq)
Wetlands:
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.
(C0268-18)
This Chapter is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes
and the regulations of the Federal Clean Water Act found at 40 CFR
122.34.
(C0268-18)
The stormwater authority shall administer, implement and enforce
this Chapter. Any powers granted to or duties imposed upon the stormwater
authority may be delegated in writing by the stormwater authority
to any employees or agents of the city.
(C0268-18)
(a)
Following
a public hearing on a waiver request, the stormwater authority may
waive strict compliance with any requirement of this chapter or the
rules and regulations promulgated hereunder, where:
(b)
Any
applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the chapter does not further the purposes or objectives of this
chapter.
(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 hearing to a certain date announced at the meeting.
In the event the applicant objects to a continuance, or fails to provide
requested information, the waiver request shall be denied.
(C0268-18)
This Chapter is intended to further the objectives of and to
act in concert with any existing federal, state or local laws concerning
stormwater discharges in the City of Everett, 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 chapter is intended to limit or restrict the authority of any
board, commission or officer of the city 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.
(C0268-18)
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 chapter 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 fourteen (14) days prior to the
hearing date. Failure of the stormwater authority 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 Chapter.
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 stormwater authority, without the requirement for a public hearing as detailed in Article III of this Chapter. Administrative review approval shall comply with all other provisions of this Chapter.
(C0268-18)
The provisions of this Chapter are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this Chapter 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 Chapter.
