A.
Purpose and Objective.
1.
The purpose of this by-law is to protect public health, safety, general welfare, and environment by regulating illicit connections and discharges to the storm drain system or, directly or indirectly, to a watercourse or into the Waters of the Commonwealth, as well as to control the adverse effects of construction site stormwater runoff and post-construction runoff. Stormwater runoff can be a major cause of:
a.
Impairment of water quality and flow in lakes, ponds, streams, rivers, coastal waters, wetlands, groundwater and drinking water supplies;
b.
Contamination of drinking water supplies;
c.
Contamination of downstream coastal areas;
d.
Alteration or destruction of aquatic and wildlife habitat;
e.
Overloading or clogging of municipal stormwater management systems; and
f.
Flooding.
2.
The objectives of this by-law are to:
a.
Protect water resources;
b.
Comply with state and federal statutes and regulations relating to stormwater discharges including total maximum daily load requirements;
c.
Prevent and reduce pollutants from entering the Norwood municipal separate storm sewer system (MS4);
d.
Prohibit illicit connections and unauthorized discharges to the MS4 and require their removal;
e.
Establish minimum construction and post construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
f.
Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and
g.
Recognize the Town of Norwood's legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement.
B. ADMINISTRATIVE LAND DISTURBANCE REVIEW ALTERATION OF DRAINAGE CHARACTERISTICS APPLICANT AS-BUILT DRAWING BEST MANAGEMENT PRACTICE (BMP) CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC) CLEAN WATER ACT CLEARING DEVELOPMENT DISCHARGE OF POLLUTANTS EROSION EROSION AND SEDIMENTATION CONTROL PLAN GRADING GRUBBING ILLICIT CONNECTION ILLICIT DISCHARGE IMPERVIOUS SURFACE IMPOUNDMENT INFILTRATION LAND DISTURBANCE PERMIT LAND-DISTURBING ACTIVITY LOAD ALLOCATION LOT MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT NONPOINT SOURCE POLLUTION NONSTORMWATER DISCHARGE OPERATION AND MAINTENANCE PLAN OWNER PEER REVIEW PERSON POINT SOURCE PRE-CONSTRUCTION POLLUTANT1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PROCESS WASTEWATER RECHARGE REDEVELOPMENT RUNOFF SEDIMENT SEDIMENTATION SITE SOIL STORMWATER AUTHORITY STORMWATER STORMWATER MANAGEMENT PLAN TOTAL MAXIMUM DAILY LOAD or TMDL TOTAL SUSPENDED SOLIDS OR TSS VERNAL POOLS WASTE LOAD ALLOCATION WATERCOURSE WATERS OF THE COMMONWEALTH WETLANDS
Definitions. Unless a different definition is indicated in other sections of this by-law, the following definitions and provisions shall apply throughout this by-law:
Approval by the Stormwater Authority of a land disturbance activity that does not require a Land Disturbance Permit because of its size and/or scope.
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.
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 or Administrative Land Disturbance Review.
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.
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. 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.
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 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 municipal storm drain system or into the Waters of the United States or Commonwealth 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 (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.
Changing the level or shape of the ground surface. GROUNDWATER: Water beneath the surface of the ground.
The act of clearing 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 40.0000.
A surface or subsurface drain or conveyance which allows an illicit discharge into the municipal storm drain system, watercourse, or Waters of the Commonwealth 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 by-law.
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 Section 2.B. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from fire-fighting activities exempted pursuant to Section 2.B.4.a of this by-law.
Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious Surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
A stormwater pond created by either constructing an embankment or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
A permit issued by the Stormwater Authority pursuant to this by-law prior to commencement of Land Disturbing Activity or Redevelopment.
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 and grading; or results in an alteration of drainage characteristics.
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.
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.
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 Norwood, as well as any receiving watercourse of Waters of the Commonwealth.
A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to Waters of the United States.
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.
Discharge to the municipal storm drain system not composed entirely of stormwater.
A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.
A person with a legal or equitable interest in property.
Person or consulting firm retained by the Stormwater Authority in accordance with the provisions of MGL c. 44, s.53G and paid by the Applicant in the design, review or enforcement of Stormwater and Land Disturbance review process.
An individual, partnership, association, film, 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.
All activity in preparation for construction.
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, watercourse, or Waters of the Commonwealth. Pollutants include, but are not limited to:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
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.
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.
Any earth, sand, rock, gravel, or similar material.
Norwood Engineering Department or its authorized agent(s).
Runoff from precipitation or snow melt and surface water runoff and drainage.
A plan required as part of the application for a Land Disturbance Permit.
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.)
Undissolved organic or inorganic particles in water.
Temporary bodies of freshwater which provide critical habitat for a number of vertebrate and invertebrate wildlife species.
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.
A natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended.
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.
C.
Authority. This by-law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Massachusetts home rule statutes, the regulations of the Federal Clean Water Act, 40 CPR 122.34.
D.
Responsibility for administration. Stormwater Authority shall administer, implement and enforce this by-law. Any powers granted to or duties imposed upon Stormwater Authority may be delegated in writing by Stormwater Authority to its employees or agents.
E.
Waivers.
1.
The Stormwater Authority, or its authorized agent, may waive strict compliance with any requirement of this by-law or the rules and regulations promulgated hereunder, where such action is:
2.
Any person seeking a waiver must submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the by-law does not further the purposes or objectives of this by-law.
3.
All waiver requests shall require a public hearing.
4.
If in the opinion of the Stormwater Authority or its authorized agent, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date certain 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.
F.
Regulations.
1.
The Stormwater Authority shall adopt within one (1) year, and may periodically amend, regulations, rules and/or written guidance relating to the terms, conditions, definitions, enforcement, fees, procedures and administration of this Stormwater Management by-law by majority vote after conducting a public hearing to receive comments. Such hearing shall be advertised in a newspaper of general local circulation, 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 by-law.
2.
Stormwater Management regulations, rules or guidance shall identify thresholds and requirements for Administrative Land Disturbance Review and Land Disturbance Permits required by this by-law and consistent with or more stringent than the most recent Small Municipal Separate Sewer System General Permit (MS4).
3.
Stormwater Management regulations may identify one or more categories of projects requiring an Administrative Land Disturbance Review that, because of their size, scope and common features or characteristics, may be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members pursuant to Section 3 of this by-law. For such projects, the Stormwater Authority will identify minimum stormwater management standards pursuant to this by-law, compliance with which is required before the project is approved.
Stormwater Management regulations shall provide for the retention of a Peer Review Expert by the Stormwater Authority at the sole expense of an Applicant for relief or approval under this by-law. Peer Review Expert review shall include but not be limited to review and advice on the review of plans, thresholds, and wetland regulations, and shall be applicable to consideration of applicability, waiver and enforcement of this by-law.
G.
Enforcement. The Stormwater Authority or its authorized agent shall enforce this by-law, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations.
1.
Criminal and Civil relief.
a.
Any person who violates the provisions of this by-law, or any associated regulations, permit, notice, or order issued thereunder, may be subject to criminal penalties and prosecution in a court of competent jurisdiction and shall result in a criminal fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
b.
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.
2.
Orders.
a.
The Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this by-law or any regulations thereunder, which may include:
1)
Elimination of illicit connections or discharges to the MS4;
2)
Elimination of discharges to the MS4 or, directly or indirectly, into a watercourse or into the Waters of the Commonwealth;
3)
Performance of monitoring, analyses, and reporting;
4)
Cessation of unlawful discharges, practices, or operations;
5)
Implementation of measures to minimize the discharge of pollutants until such time as the illicit connection or discharge shall be eliminated; and
6)
Remediation of contamination in connection therewith.
b.
If the Stormwater Authority determines that a person's failure to follow the requirements of a Land Disturbance Permit and the related Erosion and Sedimentation Control Plan, or Operations and Maintenance Plan or any other authorization issued pursuant to this by-law or regulations issued hereunder, then the Authority may issue a written order to the person to remediate the non-compliance and/or any adverse impact caused by it, which may include:
1)
A requirement to cease and desist from the land-disturbing activity until there is compliance with the by-law and provisions of the Land Disturbance Permit or other authorization;
2)
Maintenance, installation or performance of additional erosion and sediment control measures;
3)
Monitoring, analyses, and reporting;
4)
Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; and/or
5)
A requirement to eliminate discharges, directly or indirectly, into a watercourse or into the Waters of the Commonwealth.
c.
If the Stormwater Authority or its authorized agent determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, Norwood may, at its option, undertake such work, and expenses thereof shall be charged to the violator.
d.
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 Norwood, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority 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 of the Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall constitute a municipal charge for purposes of M.G.L. c. 40 § 58, and a lien on the owner's property for the unpaid charge, pursuant to M.G.L. c. 40 § 58. 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.
3.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, Norwood may elect to utilize the noncriminal disposition procedure set forth in M.G.L. c. 40, § 21D and Article XXIV of the Norwood General By-laws, in which case the agent of the Stormwater Authority shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
4.
Entry to perform duties under this by-law. To the extent permitted by local, state or federal law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this by-law and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary.
5.
Upon request of the Stormwater Authority, the Board of Selectmen and the Town Counsel may take legal action for enforcement under civil law.
6.
Municipal boards and officers shall have authority to assist the Stormwater Authority in enforcement.
7.
Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be appealed to a court of competent jurisdiction.
8.
Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.
H.
Severability. The provisions of this by-law are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this by-law 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 by-law.