For the purposes of this Bylaw, the following shall mean:
APPLICANT
For the purpose of this section, "applicant" shall refer
to a property owner or agent of a property owner who has filed an
Erosion and Sediment Control Plan or Stormwater Management Plan.
AUTHORIZED ENFORCEMENT AGENCY
The Town of Dover's Board of Selectmen shall administer
and implement this Bylaw. The Town's Department of Public Works
(DPW) shall enforce this Bylaw.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, erosion control, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
BUILDING
For the purpose of this section, "building" shall refer to
any structure, either temporary or permanent, having walls and a roof,
designed for the shelter of any person, animal, or property and occupying
more than 100 square feet (sq. ft.) of area.
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CLEARING
Any activity that removes the vegetative or soil surface
cover.
DETENTION
The temporary storage of storm runoff in a stormwater management
facility with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the storm drain or into 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 SEDIMENT 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 (BMPs), or equivalent measures designed to control
surface runoff, erosion and sedimentation during pre-construction
and construction related land disturbance activities.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed. 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 CONNECTIONS
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which
allows an illicit discharge to enter the storm drain system including
but not limited to any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wastewater to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency, or any drain or conveyance connected
from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records
and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in §
159-5 of this Bylaw.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. Impervious surfaces include
without limitation, paved or masonry or other impervious surfaces
such as: roads, parking lots, sidewalks, walkways, patios, driveways,
sports courts 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 ACTIVITY
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement
of fill materials, paving, construction, removal of vegetation, or
any activity which bares soil or rock or involves the diversion or
piping of any natural or man-made watercourse.
LOW IMPACT DEVELOPMENT (LID)
A set of strategies that seek to maintain natural hydrologic
systems both during and after the development process. This approach
is implemented by engineering a site so that the post-development
hydrologic functions remain close to predevelopment conditions by
using design techniques that infiltrate, filter, store, evaporate
and detain stormwater runoff close to its source.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The Standards issued by the Mass. Department of Environmental
Protection, and as amended, that coordinates the requirements prescribed
by state regulations promulgated under the authority of the Mass.
Wetlands Protection Act G.L. c. 131 § 40 and Mass. Clean
Waters Act G.L. c. 21, § 23-56. The Policy and Standards
address stormwater impacts through implementation of performance standards
to reduce or prevent pollutants from reaching water bodies and control
the quantity of runoff from a site.
MUNICIPAL STORM DRAIN SYSTEM (STORM DRAIN) or MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4)
The system of conveyances designed or used for collecting
or conveying stormwater, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town of Dover.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, mining, construction, subsurface
disposal, and urban runoff sources.
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.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to an on-site sediment trap
or basin.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may 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, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and 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.
PROTECTED TREE
Any tree 6 inches or greater in diameter, as measured at
DBH.
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 or phased
projects that disturb the ground surface on previously developed sites.
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.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site
or entering off-site drainage structures.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including but not limited to land preparation such as clearing, tree
removal, grading and filling; installation of streets and walkways;
excavation for basements, footings, piers, or foundations; erection
of temporary forms; and installation of accessory structures.
STORM DRAIN SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER AUTHORITY
The Town of Dover's Department of Public Works, on behalf
of the Town's Board of Selectmen, shall serve as the Town's
Stormwater Authority.
STORMWATER MANAGEMENT
The use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
peak flow discharge rates, and detrimental changes in stream temperature
that affect water quality and habitat.
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 MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
TREE REMOVAL
The removal of any tree six-inches DBH or greater down to
ground level including the entire stem and crown. If more than 50%
of the stem and crown are removed it shall be deemed a removal for
the purposes of this Bylaw.
VEGETATION
All living woody and herbaceous plants, including trees and
shrubs, growing in a particular place taken as a whole.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and any water or other liquid, other than uncontaminated stormwater
or groundwater, 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.
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 of
Massachusetts, 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.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection
Act G.L. c. 131, § 40 and in the Town of Dover Wetlands
Protection Bylaw and Regulations.
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 promulgated under the Clean Water
Act, 40 CFR 122.34.
This section applies to flows entering the municipally-owned
or operated MS4 storm drainage system, unless explicitly exempted
by an authorized enforcement agency.
A. 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.
B. 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.
C. 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.
D. Exemptions:
(1) Discharge or flow resulting from fire-fighting activities;
(2) 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:
(a)
Water line flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(d)
Natural flow from riparian habitats and wetlands;
(g)
Individual resident car washing;
(h)
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;
(i)
Water from exterior foundation drains, footing drains (not including
active groundwater dewatering systems), crawl space pumps, or airconditioning
condensation;
(j)
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;
(k)
Discharge from street sweeping;
(l)
Residential building wash waters without detergents;
(m)
Dye testing, provided written notification is given to the Stormwater
Authority two weeks prior to the time of the test;
(n)
Non-stormwater discharge permitted under a 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;
(o)
Discharge for which advanced written approval is received from
the Stormwater Authority as necessary to protect public health, safety,
welfare or the environment; and
(p)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
The Stormwater Authority may suspend municipal storm drain system
access without prior written notice when, in the sole judgment of
the Stormwater Authority, 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.
Notwithstanding other requirements of law, as soon as any person
responsible for a residence, facility or operation, or responsible
for emergency response for a residence, facility or operation has
information of any known or suspected release of materials which are
resulting or may result in illicit discharges or pollutants discharging
into stormwater, the MS4 system, or Waters of the United States and/or
Commonwealth, said person shall take all the necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately
notify emergency response agencies and the DPW. If the discharge of
prohibited material emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Since a Stormwater and Erosion Control Plan approval runs with
the title of a property, the Applicant shall request the Stormwater
Authority or its Agent to issue a Stormwater and Erosion Plan Certificate
of Compliance upon receipt and approval of the final reports and/or
upon otherwise determining that all work of the plan has been satisfactorily
completed in conformance with this Bylaw. The Certificate of Compliance
shall be recorded at the Commonwealth of Massachusetts Norfolk County
Registry of Deeds by the Owner(s).
The Stormwater Authority may require the Applicant to post a
surety bond, irrevocable letter of credit, cash, or other acceptable
security before the start of Land Disturbance Activity or construction
activity. 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 plan(s) approved by the Stormwater Authority. If the project
is phased, the Stormwater Authority may release part of the bond as
each phase is completed in compliance with the plan(s).
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.