Unless a different definition is indicated in other sections
of this bylaw, the following definitions and provisions shall apply
throughout this bylaw:
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
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 stormwater permit, limited stormwater approval,
or stormwater recharge approval.
AS-BUILT DRAWING
Drawings that completely record and document applicable aspects
and features of conditions of a project following construction using
stormwater management plans derived from a land disturbance permit.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
CLEARING
Any activity that removes the vegetative surface cover and
exposes soil to the potential influence of stormwater.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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.
DISTURBED AREA
An area where the natural vegetation has been removed, or
is proposed to be removed, in connection with a development resulting
in exposing the underlying soil or covering up of vegetation. In addition,
it includes moving soil, asphalt, rock, sand, and gravel.
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.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing 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, erosion and sedimentation during pre-construction and construction-related
land-disturbing activities.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing the land surface by digging up roots
and stumps.
HAZARDOUS MATERIAL
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.
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 bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system or into a watercourse or the waters of the Commonwealth that is not composed entirely of stormwater, except as exempted in Article
II, §
351-9C. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to Article
II, § 351-9D(8) of this bylaw.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
or significantly impedes water infiltrating the underlying soil. "Impervious
surface" includes without limitation roads, paved parking lots, driveways,
sidewalks, structures, buildings, rooftops, and compacted gravel or
soil.
IMPOUNDMENT
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing, grading,
or excavating, including grubbing; or results in an alteration of
drainage characteristics.
LIMITED STORMWATER APPROVAL
Review and approval by the stormwater authority of a land-disturbing
activity subject to the Stormwater Management Bylaw and Regulations
that does not require a stormwater permit because of its size and/or
scope.
LOAD ALLOCATION
The maximum concentration or mass of a pollutant which can
be discharged to a waterway by non-point sources without causing a
violation of surface water quality standards as established in an
applicable TMDL.
LOT
An individual tract of land as shown on the current Assessor's
Map for which an individual tax assessment is made. For the purposes
of these regulations, a lot also refers to an area of a leasehold
on a larger parcel of land, as defined in the lease agreement and
shown by approximation on the Assessor's Map.
LOW IMPACT DEVELOPMENT or LID
Site planning and design strategies that use or mimic natural
processes that result in the infiltration, evapotranspiration, or
use of stormwater in order to protect water quality and associated
aquatic habitat. LID employs principles such as preserving and restoring
natural landscape features and minimizing effective imperviousness
to create functional and appealing site drainage that treats stormwater
as a resource rather than a waste product. LID practices include but
are not limited to non-structural site planning and design techniques
and structural measures such as bioretention facilities, rain gardens,
vegetated rooftops, rain barrels, and permeable pavements.
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 man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by Wrentham.
NONPOINT SOURCE POLLUTION
Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves,
it picks up and carries away natural and man-made pollutants, finally
depositing them into a water resource area.
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.
OWNER
A person with a legal or equitable interest in property.
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.
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.
POLLUTANT
Any element or property of sewage, municipal, 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, watercourse,
or Waters of the Commonwealth or Waters of the US. Pollutants include,
but are not limited to:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other wrecked, discarded,
or abandoned objects, ordnance, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes;
G.
Chemical wastes and biological materials;
H.
Sewage, sewage sludge, fecal coliform and pathogens;
I.
Dissolved and particulate metals;
K.
Rock, sand, salt, soils, cellar dirt;
N.
Construction wastes and residues, including discarded building
materials, concrete truck wash out, dredged spoil, chemicals, litter,
and sanitary wastes; and
O.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
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.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites. The
creation of new areas of impervious surface or new areas of land disturbance
on a site constitutes development, not redevelopment, even where such
activities are part of a common plan which also involves redevelopment.
Redevelopment includes maintenance and improvement of existing roadways
including widening less than a single lane, adding shoulders, correcting
substandard intersections, improving existing drainage systems and
repaving; and remedial projects specifically designed to provide improved
stormwater management such as projects to separate storm drains and
sanitary sewers and stormwater retrofit projects.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
SITE
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZED
The reduction in the soil erosion rate which results in an
erosion rate typical of undisturbed soils. Soils which are disturbed
will be considered stabilized when covered with a healthy, mature
growth of grass or other vegetative cover. As a temporary measure
only, disturbed soils will be considered stabilized if covered with
a sufficient covering of hay or straw mulch, applied in an amount
of at least two tons per acre, sufficient to prevent erosion on an
interim basis.
STORMWATER
Runoff from precipitation or snow melt and surface water
runoff and drainage.
STORMWATER AUTHORITY
The Town of Wrentham Planning Board and its employees or
appointed agents shall be in charge of enforcing the requirements
of this bylaw and regulations as they affect water bodies or wetland
issues. The Town of Wrentham DPW and its employees or appointed agents
shall be in charge of enforcing the requirements of this bylaw and
regulations as they affect the municipal storm drain system and recharge
systems.
STORMWATER PERMIT
A permit issued by the stormwater authority for land-disturbing
activities subject to the Stormwater Management Bylaw and Regulations
and prior to commencement of land-disturbing activity.
STORMWATER RECHARGE APPROVAL
Review and approval by the stormwater authority for addition
of impervious area subject to the Stormwater Management Bylaw and
Regulations and prior to commencement of land-disturbing activity.
STORMWATER RUNOFF
Water from precipitation which is not absorbed, evaporated,
or otherwise stored within the contributing drainage area.
TOTAL MAXIMIM DAILY LOAD or TMDL
The greatest amount of a pollutant that a water body can
accept and still meet water quality standards for protecting public
health and maintaining the designated beneficial uses of those waters
for drinking, swimming, recreation, and fishing. A TMDL is also a
plan, adopted under the Clean Water Act, specifying how much of a
specific pollutant can come from various sources, including stormwater
discharges, and identifies strategies for reducing the pollutant discharges
from these sources so as not to violate Massachusetts surface water
quality standards. (314 CMR 4.00 et seq.)
VERNAL POOLS
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
WASTE LOAD ALLOCATION
The maximum concentration or mass of a pollutant which can
be discharged to a waterway from point sources without causing a violation
of surface water quality standards as established in an applicable
TMDL.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground (i.e.,
buried or culverted) stream.
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, groundwater, and waters of the
United States as defined under the Federal Clean Water Act as hereafter
amended.
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-based) 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 Massachusetts home
rule statutes, and the regulations of the Federal Clean Water Act,
40 CFR 122.34.
The stormwater Authority shall administer, implement, and enforce
this bylaw. Any powers granted to or duties imposed upon stormwater
authority may be delegated in writing by the stormwater authority
to its employees or agents.
The stormwater authority or its authorized agent shall enforce
this bylaw and regulations, orders, violation notices, and enforcement
orders and may pursue all civil and criminal remedies for such violations.
To this end, the stormwater authority or its authorized agent shall
have the authority to seek any or all of the following remedies to
enforce this bylaw, its regulations and/or the terms and conditions
of its approval or permit:
A. Written notice of violation of the provisions of this bylaw and regulations.
(1) The stormwater authority or its authorized agent may issue a written
notice of violation to any person whom it determined is in violation
of any of the requirements of this Bylaw, the Regulations enacted
by the stormwater authority or an approval or permit subject to this
bylaw.
(2) The notice of violation shall:
(a)
Specify the actions, conditions, or omissions which create the
violation;
(b)
Identify the necessary corrective actions;
(c)
Specify the time within which the violations must be corrected;
(d)
Be served by certified mail upon the violator with a copy maintained
in the records of the stormwater authority.
B. Injunctive relief in a court of competent jurisdiction.
(1) The stormwater authority may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
C. Noncriminal disposition.
(1) Whoever violates any provision of this bylaw or a regulation promulgated
by the stormwater authority or its agent, a condition contained in
an approval or permit issued by the stormwater authority or its agent,
the conditions of a notice of violation, or the conditions on the
cease and desist order may, in the discretion of the stormwater authority,
be subject to the noncriminal procedure established pursuant to the
provisions of MGL c. 40, § 21D.
(2) The penalty for the first violation shall be § 50. The
penalty for the second violation shall be $100.
(3) Each day on which a violation occurs shall be considered a separate
offense.
(4) The owner or their agent may be denied permits or approvals after
being cited for the second violation.
D. Criminal prosecution.
(1) Criminal prosecution for violation of any provision of this bylaw
or the permit, approval and/or regulations promulgated by the stormwater
authority or its agent.
(2) Any such violation shall be punished by a fine of $300 for each offense.
(3) Each day on which such violation continues shall constitute a separate
offense.
E. Issuance of a cease and desist order.
(1) The stormwater authority or its authorized agent shall issue a cease
and desist order if it is determined that conditions at the site are
in violation of any of the requirements of this Bylaw or Regulations
and that such violation is either an immediate threat to the environment,
the public health or safety; or that the property owner has failed
to take the corrective action(s) identified in a written notice of
the violation issued under this Bylaw or has failed to take such corrective
action within the time required in the notice of violation.
F. Notice of costs.
(1) If the stormwater authority or its authorized agent takes remedial
action upon failure of the owner to abate or remediate, notice shall
be given to the owner of the costs, including administrative costs,
incurred by the Town.
(2) Said notice shall be sent within 30 days of completion of all measures
necessary to abate the violation or to perform remediation.
(3) The violator or owner shall also be notified that they may, within
30 days of receipt of said notice, file an appeal in writing to the
Select Board objecting to either the amount or basis of the costs
incurred.
(4) If the amount due is not received by the expiration of the time in
which to file an appeal or within 30 days following a decision by
the Select Board affirming or reducing the costs, or from a final
decision of a court of competent jurisdiction, the costs shall become
a special assessment against the property owner and shall constitute
a lien on the owner's property for the amount of said costs.
(5) Interest shall begin to accrue on any unpaid costs at the statutory
rate provided in M.G.L. c. 59, § 57 after the 31st day at
which the costs first become due.
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.
By signing the review or permit application, an applicant consents
to entry of members of the stormwater authority or its authorized
agents in or on the site while the application is under review to
verify the information in the application and at any time after an
approval or permit or is issued to inspect for compliance with the
limited stormwater approval, stormwater permit, or stormwater recharge
approval.
The stormwater authority or its designated agent shall make
inspections as outlined in the Town of Wrentham Stormwater Management
Regulations to verify and document compliance with the limited stormwater
approval, stormwater permit, or stormwater recharge approval.
This bylaw and its related Town of Wrentham Stormwater Management
Regulations shall be implemented in accordance with the requirements
of United States Environmental Protection Agency's most recent
Massachusetts Small Municipal Separate Storm Sewer System (MS4s) General
Permit relating to illicit connections and discharges, construction
site runoff, and post-construction stormwater management, as well
as the DEP 401 Water Quality Certification regulations (314 CMR 9.00)
and the Massachusetts Wetlands Protection Act. The stormwater authority
may establish additional requirements by regulation to further the
purposes and objectives of this bylaw so long as they are not less
stringent than those in the MS4 General Permit for Massachusetts or
applicable state stormwater permitting requirements.
The stormwater authority may require the applicant to post before
the start of land-disturbance or construction activity a surety bond,
irrevocable letter of credit, cash, or other acceptable security.
The form of the bond shall be approved by the Select Board and the
stormwater authority and be in an amount deemed sufficient by the
stormwater authority to ensure that the work will be completed in
accordance with the approval or permit. If the project is phased,
the stormwater authority may release part of the bond as each phase
is completed in compliance with the approval or permit, but the security
may not be fully released until the stormwater authority has received
the final report as required by the Regulations and issued a certificate
of completion pursuant to the Regulations. If the permittee defaults
on any obligations imposed by the limited stormwater approval, stormwater
permit, or stormwater recharge approval, the stormwater authority
may (after notification of the permittee) inform the holder of the
security (and the municipal treasurer if the treasurer is not holding
the funds) of the default, in which event the Town shall be entitled
to the security funds.
Upon completion of the work and no later than two years after
completion of construction, the applicant shall submit a report (including
certified as-built construction plans) from a professional engineer
(PE), surveyor, or Certified Professional in Erosion and Sedimentation
Control (CPESC), certifying that all BMPs, erosion and sedimentation
control devices, and approved changes and modifications, have been
completed in accordance with the conditions of the approved erosion
and sediment control plan and stormwater management plan. The Town
of Wrentham Stormwater Management Regulations shall specify final
report requirements. The stormwater authority may, by regulation,
require ongoing reporting to ensure long-term compliance, including,
but not limited to, appropriate operation and maintenance of stormwater
BMPs. Any discrepancies with the authorized permit plans/approvals
shall be noted in the cover letter.