[HISTORY: 3-14-2022 STM by Art. 1]
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. 
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:
ADMINISTRATIVE LAND DISTURBANCE REVIEW
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.
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 Land Disturbance Permit or Administrative Land Disturbance Review.
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.
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.
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. GROUNDWATER: Water beneath the surface of the ground.
GRUBBING
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.
ILLICIT CONNECTION
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.
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 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.
IMPERVIOUS SURFACE
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.
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 DISTURBANCE PERMIT
A permit issued by the Stormwater Authority pursuant to this by-law prior to commencement of Land Disturbing Activity or Redevelopment.
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 and grading; or results in an alteration of drainage characteristics.
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.
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 Norwood, as well as any receiving watercourse of Waters of the Commonwealth.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
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.
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.
NONSTORMWATER DISCHARGE
Discharge to the municipal storm drain system not composed entirely of stormwater.
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 insure that it continues to function as designed.
OWNER
A person with a legal or equitable interest in property.
PEER REVIEW
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.
PERSON
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.
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.
PRE-CONSTRUCTION
All activity in preparation for construction.
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, watercourse, or Waters of the Commonwealth. Pollutants include, but are not limited to:
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;
7. 
Sewage, fecal coliform and pathogens;
8. 
Dissolved and particulate metals;
9. 
Animal wastes;
10. 
Rock, sand, salt, soils;
11. 
Construction wastes and residues; and
12. 
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.
SEDIMENTATION
The process or act of deposition of Sediment.
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.
STORMWATER AUTHORITY
Norwood Engineering Department or its authorized agent(s).
STORMWATER
Runoff from precipitation or snow melt and surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a Land Disturbance Permit.
TOTAL MAXIMUM 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.)
TOTAL SUSPENDED SOLIDS OR TSS
Undissolved organic or inorganic particles in water.
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 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.
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:
a. 
allowed by federal, state and local statutes and/or regulations; and
b. 
in the public interest; and
c. 
not inconsistent with the purpose and intent of this by-law.
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.
A. 
Applicability. Section 2 of this by-law shall apply to all water generated on any developed or undeveloped lands and entering the municipally owned storm drainage system or entering, directly or indirectly, into a watercourse or Waters of the Commonwealth, except as explicitly exempted in this by-law or where the Stormwater Authority has issued a waiver in accordance with Section 1 E.
B. 
Prohibited activities; exemptions.
1. 
Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), onto an impervious surface directly connected to the MS4, or, directly or indirectly, into a watercourse or Waters of the Commonwealth.
2. 
Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
3. 
Obstruction of municipal storm drain system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior consent from the Stormwater Authority.
4. 
Exemptions.
a. 
Discharge or flow resulting from fire-fighting activities;
b. 
The following non-stormwater discharges or flows are exempt from the prohibitions of this section provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, to a watercourse or Waters of the Commonwealth:
1) 
Waterline flushing;
2) 
Flow from potable water sources,
3) 
Springs;
4) 
Natural flow from riparian habitats and wetlands;
5) 
Diverted stream flow;
6) 
Rising groundwater;
7) 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater (e.g. sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit for such discharge from the Stormwater Authority prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Stormwater Authority;
8) 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
9) 
Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;
10) 
Discharge from street sweeping;
11) 
Dye testing, provided verbal notification is given to the Stormwater Authority prior to the time of the test;
12) 
Non-stormwater discharge permitted under NPDES permit, waiver, or waste discharge order held by the owner and administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
13) 
Discharge for which advanced written approval is received from the Stormwater Authority as necessary to protect public health, safety, welfare or the environment.
C. 
Additional Prohibited Pollutants.
1. 
Pet Waste: Norwood is subject to a Pathogen TMDL, and because dog feces are a major component of stormwater pollution, it shall be the duty of each person who owns, possesses, or controls a dog to remove and properly dispose of any feces left by the dog on any public or private property neither owned nor occupied by said person. It is prohibited to dispose of dog feces in any public or private storm drain, catch basin, wetland or water body or on any paved or impervious surface. However, this provision shall not be applicable to a person using a service dog or other service animal registered as such. Persons walking dogs must carry with them a device designed to properly dispose of dog feces including, but not limited to, a bag or "pooper scooper." For specific requirements and penalties for violations see Norwood General By-laws Article XII Section 33.
2. 
Pavement Sealers: Coal tar based driveway and pavement sealers have been identified as a primary source of poly-aromatic hydrocarbons affecting streams in developed areas. Poly-aromatic hydrocarbons are classified by the United States Environmental Protection Agency as a probable human carcinogen and are highly toxic to aquatic life. Asphalt-based driveway and pavement sealers contain low concentrations of poly-aromatic hydrocarbons. Therefore, application of coal tar based driveway and pavement sealers is prohibited for all paved areas directly connected to the MS4, a watercourse, or Waters of the Commonwealth. The use of coal tar free sealants is permitted.
D. 
Emergency suspension of storm drainage system access. The Stormwater Authority or its authorized agent may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the Stormwater Authority may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
E. 
Notification of spills. Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system, watercourse, or Waters of the Commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the municipal fire and police departments. In the event of a release of nonhazardous material, the reporting person shall notify the authorized enforcement agency no later than the next business day. The reporting person shall provide to the Stormwater Authority written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on site a written record of the discharge and the actions taken to address it and prevent its recurrence. Such records shall be retained for at least three years.
F. 
Transitional provisions. Residential property owners shall have 60 days from the effective date of this by-law to comply with its provisions provided good cause is shown for the failure to comply with the by-law during that period.
A. 
Applicability. No person may undertake a construction activity or land disturbance, including clearing, grading, excavation or redevelopment that will disturb equal to or greater than thresholds outlined in the Norwood Stormwater Management Regulations without an Administrative Land Disturbance Review or a Land Disturbance Permit approved by a majority of the Stormwater Authority members or as otherwise provided in this by-law. Any person that fails to follow the requirements of a Land Disturbance Permit and the related Erosion and Sedimentation Control Plan, and Operations and Maintenance Plan, or any Land Disturbance Permit issued under the Stormwater Management Regulations shall be in violation of the Norwood Stormwater Management By-law.
B. 
Approval and/or Permit. Administrative Land Disturbance Review or Land Disturbance Permit must be obtained prior to the commencement of Land Disturbing Activity or Redevelopment based on thresholds established in the Stormwater Management Regulations. An applicant seeking an approval and/or permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this by-law and in regulations adopted by the Stormwater Authority.
C. 
Consent to Entry onto Property. An applicant consents to entry of Stormwater Authority or its authorized agents in or on the site to verify the information in the application and to inspect for compliance with Review or Permit conditions.
D. 
Inspection and Site Supervision. The Stormwater Authority or its designated agent shall make inspections as outlined in the Stormwater Management Regulations to verify and document compliance with Administrative Land Disturbance Review or Land Disturbance Permit.
E. 
Compliance with the provisions of EPAs General Permit for MS4s in Massachusetts. This by-law and its related 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 Massachusetts Wetlands Management Act. The Stormwater Authority may establish additional requirements by regulation to further the purposes and objectives of this by-law so long as they are not less stringent than those in the MS4 General Permit for Massachusetts.
F. 
Surety. 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 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 permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit.
G. 
Final reports. Upon completion of the work, the applicant shall submit a report (including certified as-built construction plans) from a Professional Engineer (P.E.), 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 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 shall be noted in the cover letter.