A. 
Purpose.
1. 
The purpose of this section is to eliminate non-stormwater discharges to the city of Revere's municipal storm drain system (storm drain). Non-stormwater discharges contain contaminants and supply additional flows to the city of Revere's storm drain system. Non-stormwater discharges are major causes of:
a. 
Impairment of water quality and flow in oceans, lakes, ponds, streams, rivers, wetlands, and groundwater;
b. 
Contamination of drinking water supplies;
c. 
Alteration or destruction of aquatic and wildlife habitat; and
d. 
Flooding.
2. 
Regulation of illicit connections and discharges to the storm drain system is necessary for the protection of the city of Revere's natural resources, municipal facilities, general health, safety, welfare, and the environment.
3. 
The objectives of this section are:
a. 
To prevent pollutants from entering the storm drain;
b. 
To prohibit illicit connections and unauthorized discharges to the storm drain;
c. 
To remove all such illicit connections;
d. 
To comply with state and federal statutes and regulations relating to stormwater discharges; and
e. 
To establish the legal authority to ensure compliance with the provisions of this section through inspection, monitoring, and enforcement.
B. 
Definitions. For purposes of this section:
"Authorized enforcement agency"
means the department of public works (hereafter DPW) and the department of municipal inspections and their employees or agents designated to enforce this chapter.
"Best management practice (BMP)"
means an activity, procedure, restraint, or structural improvement that helps reduce the quantity or improve the quality of stormwater runoff.
"Clean Water Act"
means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and as it is amended from time to time.
"Discharge of pollutants"
means 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.
"Groundwater"
means water beneath the surface of the ground, except where the water under the ground is the result of a perched water table.
"Illicit connection"
means a surface or subsurface drain or conveyance, which allows an illicit discharge into the storm drain, 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 the ordinance codified in this chapter.
"Illicit discharge"
means direct or indirect discharge to the storm drain that is not composed entirely of stormwater. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted.
"Impervious surface"
means any material or structure on or above the ground that prevents water from infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.
"Municipal storm drain system (storm drain)" or "municipal separate storm sewer system (MS4)"
means 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, ditch, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the city of Revere.
"National pollutant discharge elimination system (NPDES) stormwater discharge permit"
means a permit issued by the United States Environmental Protection Agency or jointly with the state of Massachusetts that authorizes the discharge of pollutants to waters of the United States or commonwealth.
"Non-stormwater discharge"
means discharge to the storm drain not comprised entirely of stormwater.
"Person"
means 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.
"Pollutant"
means any element or property of sewage, residential, 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 storm drain system, waters of the United States, and/or commonwealth. Pollutants shall include without limitation:
1. 
Paints, varnishes, solvents;
2. 
Oil, grease, antifreeze, other automotive fluids and/or products;
3. 
Nonhazardous liquid and solid wastes;
4. 
Refuse, garbage, litter, rubbish, yard wastes, or other discarded or abandoned objects, ordnances, accumulations and floatables;
5. 
Pesticides, herbicides, and fertilizers;
6. 
Hazardous materials and wastes;
7. 
Sewage;
8. 
Dissolved and particulate metals;
9. 
Metal objects or materials;
10. 
Animal wastes;
11. 
Rock, sand, salt, soils, or other products/materials that mobilize in surface water runoff; and
12. 
Construction wastes and/or residues.
"Process wastewater"
means 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"
means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
"Stormwater"
means runoff from precipitation or snowmelt.
"Toxic or hazardous material or waste"
means 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 material includes without limitation:
1. 
Any synthetic organic chemical;
2. 
Petroleum products;
3. 
Heavy metals;
4. 
Radioactive or infectious waste;
5. 
Acid and alkali substances;
6. 
Any substance defined as toxic or hazardous under G.L. Ch. 21C and Ch. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000; and
7. 
Any substance listed as hazardous under 40 CFR 261.
"Watercourse"
means 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"
means all waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
"Wastewater"
means any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
C. 
Applicability. This section shall apply to flows entering the municipally owned and/or operated storm drainage system.
D. 
Authority. Chapter 13.10 is adopted under the authority granted by the home rule amendment of the Massachusetts Constitution, the home rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34.
E. 
Responsibility for administration. The DPW and director of municipal inspections shall administer, implement and enforce Chapter 13.10. Any powers granted to or duties imposed upon the DPW to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.
F. 
Regulations. The DPW may promulgate rules and regulations to effectuate the purpose of this chapter. Failure by the DPW to promulgate such rules and regulations shall not have the effect of suspending or invalidating this chapter.
G. 
Prohibited activities.
1. 
Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the storm drain system, into a watercourse, or into waters of the United States and/or 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 the 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 approval from the DPW.
4. 
Exemptions.
a. 
Discharge or flow resulting from firefighting activities and DPW ice and snow control operations;
b. 
The following non-stormwater discharges or flows are considered exempt provided that the source is not a significant contributor of pollution to the municipal storm drain system:
i. 
Waterline flushing,
ii. 
Flow from potable water sources,
iii. 
Springs,
iv. 
Natural flow from riparian habitats and wetlands,
v. 
Diverted stream flow,
vi. 
Rising groundwater,
vii. 
Uncontaminated groundwater infiltrating as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater,
viii. 
Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation,
ix. 
Discharge from landscape irrigation or lawn watering,
x. 
Water from individual residential car washing,
xi. 
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,
xii. 
Discharge from street sweeping,
xiii. 
Dye testing, provided verbal notification is given to the DPW prior to the time of the test,
xiv. 
Non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order 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
xv. 
Discharge for which advanced written approval is received from the DPW as necessary to protect public health, safety, welfare, and the environment.
H. 
Emergency suspension of storm drainage system access. The DPW 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 public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public, health, safety, welfare, or the environment.
I. 
Notification of spills. Any spills or releases that require notification under local, state or federal law will be the responsibility of the person responsible for a facility or operation, or for an emergency response for a facility or operation (i.e., construction). In the event of a spill or release which may result in a discharge of pollutants or non-stormwater discharge to the municipal storm drain system, waters of the United States, and/or waters of the commonwealth, the responsible parties, potentially responsible parties, or any person or persons managing a site or facility shall take all necessary steps to ensure containment, and remediate any municipal storm drains that have been impacted. However, if in the opinion of the DPW, there is an excessive amount of pollutants in the stormdrain system, the DPW can require remediation by the responsible party regardless of other state or federal regulations. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall take all necessary steps to ensure containment, cleanup of the release, retain on-site a written record of the discharge, and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
J. 
Enforcement.
1. 
The DPW, the department of municipal inspections or an authorized agent of the city shall enforce this chapter, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
a. 
Civil relief. If a person violates the provisions of this by-law, regulations, permit, notice, or order issued thereunder, the DPW or the department of municipal inspections 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.
b. 
Orders. The DPW, the department of municipal inspections or an authorized agent of the city may issue a written order to enforce the provisions of this chapter or the regulations thereunder, which may include:
i. 
Elimination of illicit connections or discharges to the MS4;
ii. 
Performance of monitoring, analyses, and reporting;
iii. 
That unlawful discharges, practices, or operations shall cease and desist; and
iv. 
Remediation of contamination in connection.
2. 
If the enforcing person determines that abatement or remediation of contaminations is required and is the responsibility of the property owner, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the city of Revere may, at its option, undertake such work, and expenses times three thereof shall be charged to the violator.
3. 
Within thirty 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 the city of Revere, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the DPW within thirty 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 thirty days following a decision of the DPW 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 owners property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, Section 57 after the thirty-first day at which the costs first become due.
a. 
Penalty. Any person who violates any provision of this chapter, regulation, order or permit issued thereunder, shall be subject to the penalties set forth in Chapters 1.12 and 1.16 of the revised ordinances of the city of Revere.
b. 
Entry to perform duties under this chapter. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the DPW, the department of municipal inspections, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this chapter and may make or cause to be made such examinations, surveys or sampling as deemed reasonably necessary.
c. 
Appeals. The decision or orders of the city shall be final. Further relief shall be to a court of competent jurisdiction.
d. 
Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law.
K. 
Severability. The provisions of this chapter are declared to be severable. If any provision, paragraph, sentence, or clause, of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(C.O. 04-753 § A (part))
A. 
Purpose.
1. 
The purpose of this section is to eliminate or reduce the adverse effects of soil erosion and sedimentation on the environment, public welfare/health, and municipal facilities.
2. 
These adverse effects may be the result of managed construction and other activities including but not limited to earth alteration, excavation, removal of vegetation and general construction activities.
B. 
Definitions. For purposes of this section:
"Agriculture"
means the normal maintenance or improvement of land in agricultural or aquacultural use as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
"Clearing"
means any activity that removes the vegetative surface cover.
"Drainage way"
means any channel that coveys surface runoff throughout the site.
"Erosion control"
means a measure that prevents erosion.
"Erosion and sediment control plan"
means a set of plans prepared by or under the direction of a licensed professional engineer, certified professional in erosion and sediment control, or other appropriately licensed and experienced professional, indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
"Grading"
means excavation or fill of material, including the resulting conditions thereof.
"Owner"
means a person with a legal or equitable interest in property.
"Perimeter control"
means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to an on-site sediment trop or basin.
"Phasing"
means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
"Sediment control"
means measures that prevent eroded sediment from leaving the site or entering off-site drainage structures.
"Site"
means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
"Stabilization"
means the use of practices that prevent exposed soil from eroding.
"Start of construction"
means the first land-disturbing activity associated with a development, including but not limited to land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
"Watercourse"
means any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water. "Waterway" means a channel that directs surface runoff to a watercourse or to the public storm drain.
C. 
Jurisdiction.
1. 
No person shall excavate, cut, grade or perform any land-disturbing activities of significance, without an approved erosion and sediment control plan. Activities of significance are those which meet or exceed the following thresholds:
a. 
Any change of existing grade of more than two thousand five hundred square feet or twenty-five percent of the lot whichever is smaller;
b. 
Removal of existing vegetation of more than two thousand five hundred square feet or twenty-five percent of the lot whichever is smaller;
c. 
Storage of more than one hundred cubic yards of excavate or fill.
2. 
Activities which are exempt from the requirement of an approved erosion and sediment control plan are as follows:
a. 
Emergency activities for the protection of life, property, or natural resources;
b. 
Existing permitted nursery and agricultural operations.
D. 
Erosion and sediment control plan.
1. 
Activities which require the change of existing grade or removal of existing vegetation on any parcel of less than twenty thousand square feet or storage of excavate or fill between one hundred and one thousand three hundred cubic yards shall be deemed a project of minor significance and will require that the following information to be included on the erosion and sediment control plan:
a. 
Name, address and telephone number of owner, civil engineer and person responsible for implementation of the plan;
b. 
Property lines;
c. 
Location of all existing and proposed building and impervious surface;
d. 
Location of all existing and proposed stormwater utilities, including structures, pipes, swales and detention basins;
e. 
Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sediment transport, including provisions to preserve topsoil and limit disturbance;
f. 
Design details for both temporary and permanent erosion control structures;
g. 
The department of public works may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance of public health and safety.
2. 
Activities which require (a) the change of existing grade or removal of exiting vegetation on more than twenty thousand square feet or (b) storage of excavate or fill in excess of one thousand three hundred cubic yards shall be deemed a project of significant impact and will require that the erosion and sediment control plan include all of the information required of projects of minor significance plus the following additional information:
a. 
An attached vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures;
b. 
Suitable contours for the existing and proposed topography;
c. 
A clear and definite delineation of any areas of vegetation or trees. Note all vegetation that is to be removed and all vegetation that is to be saved;
d. 
A clear and definite delineation of any wetlands, natural or artificial water storage detention areas, and drainage ditches on the site;
e. 
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing and establishment of permanent vegetation.
E. 
Performance standards. A construction project shall be considered in conformance with this section if soils or other eroded matter has been prevented from being deposited onto adjacent properties, rights-of-ways, public storm drainage system, or wetland or watercourse. The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas dated March 1997 or the latest edition thereof.
F. 
Review and approval. An erosion and sediment control review is triggered by a building permit application or other activity that falls within the jurisdiction described in subsections C and D above. Applicants are referred by the permit-issuing agency to the department of public works and city engineer to conduct the erosion and sediment control review. Activities that fall within the jurisdiction described in subsections C and D above that do not require a permit from any city department are not exempt from this provision. In this situation, the applicant must seek erosion and sediment control review directly from the department of public works.
1. 
The department of public works will review each erosion and sediment control plan to determine its conformance with the provisions of this section. Within thirty calendar days after receiving an application, the department of public works shall, in writing:
a. 
Approve the plan as submitted;
b. 
Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
c. 
Disapprove the plan, indicating the reason(s) and procedure for submitting a revised application and/or submission.
2. 
Failure of the department of public works to act on an original or revised plan within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the department of public works. Pending preparation approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the department of public works.
G. 
Inspections.
1. 
The superintendent of public works, or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the owner or person responsible for the implementation of the plan wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the department of public works shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the department of public works at least two working days before the following:
a. 
Installation of sediment and erosion control measures*;
b. 
Start of construction;
c. 
Completion of site clearing;
d. 
Completion of rough grading;
e. 
Close of the construction season;
f. 
Completion of final landscaping.
* Only notification required on minor projects.
2. 
The person responsible for implementation of the plan shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be able to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the department of public works at the time interval specified in the approved permit.
3. 
The superintendent of public works or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed as noted above.
H. 
Enforcement. Suspension of Construction or Site Alteration Activity. In the event that the activity at a site violates the conditions as stated or shown on the approved erosion and sediment control plan in such a manner as to adversely affect the environment, public welfare/health and municipal facilities, then the superintendent of public works or director of municipal inspections may suspend work until the violations are corrected.
(C.O. 04-753 § A (part))
A. 
Purpose. The purpose of this section is to establish minimum requirements and controls to protect and safeguard the environment, natural resources, general health, safety, and welfare of the public residing in watersheds within the city's jurisdiction from the adverse impacts of stormwater runoff. Stormwater management controls are typically permanent features of a complete project, and as such require maintenance and management. This section seeks to meet that purpose through the following objectives:
1. 
To minimize stormwater runoff from any development;
2. 
To minimize nonpoint source pollution caused by stormwater runoff from development;
3. 
To provide for groundwater recharge where appropriate; and
4. 
To ensure controls are in place to respond to subsections (A)(1) and (2) and are properly operated and maintained.
B. 
Definitions. For purposes of this section:
"Accelerated erosion"
means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
"Applicant"
means a property owner or agent of a property owner who has filed a stormwater management plan.
"Building"
means 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 one hundred square feet of area.
"Channel"
means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
"Dedication"
means the deliberate appropriation of property by its owner for general public use.
"Detention facility"
means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
"Detention"
means 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.
"Developer"
means a person who undertakes land disturbance activities.
"Drainage easement"
means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
"Erosion and sediment control plan"
means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
"Fee in lieu"
means a payment of money in place of meeting all or part of the stormwater performance standards required by this section.
"Hotspot"
means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
"Hydrologic soil group (HSG)"
means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
"Impervious cover"
means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
"Industrial stormwater permit"
means a national pollutant discharge elimination system (NPDES) permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
"Infiltration facility"
means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
"Infiltration"
means the process of percolating stormwater into the subsoil.
"Jurisdictional wetland"
means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophilic vegetation.
"Land disturbance activity"
means 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, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural man-made watercourse.
"Landowner"
means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding propriety rights in the land.
"Nonpoint source pollution"
means 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.
"On-site facility"
means a stormwater management measure located within the subject property boundary described in the permit application for land development activity.
"Operation and maintenance plan"
means 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.
"Person"
means any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth of Massachusetts or other political subdivision thereof to the extent subject to city ordinances, administrative agency, public or quasi-public corporation or body, the city of Revere and any other legal entity, its legal representatives, agents or assigns.
"Redevelopment"
means any construction, alteration, or improvement exceeding one acre in area where existing land use is high-density commercial, industrial, institutional or multifamily residential.
"Resource area"
means any area protected under the Massachusetts Wetlands Protection Act or Massachusetts Rivers Act.
"Recharge"
means the replenishment of underground water reserves.
"Stop work order"
means an order issued which requires that all construction activity on a site be stopped.
"Stormwater management"
means the use of structural or nonstructural 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.
"Stormwater retrofit"
means a stormwater management practice designed for the existing development site that previously had either no stormwater management practice in a place or a practice inadequate to meet the stormwater management requirements of the site.
"Stormwater runoff"
means flow on the surface of the ground, resulting from precipitation.
"Stormwater treatment practices (STPs)"
means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
"Water quality volume (WQ)"
means the storage needed to capture and treat ninety percent of the average annual stormwater runoff volume; numerically (WQ) will vary as a function of long-term rainfall statistical data.
"Watercourse"
means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
C. 
Jurisdiction.
1. 
No person shall conduct land disturbance activities which would exceed the following thresholds without an approved stormwater management plan:
a. 
Any land disturbance activity greater than two thousand five hundred square feet which would result in an increased amount of stormwater runoff from the property to public/private property or resource areas;
b. 
Any activity which would increase the flow to the municipal storm or sanitary sewer systems;
c. 
Any activity which would alter or modify an existing drainage system.
2. 
Activities which are exempt from the requirements of an approved stormwater management plan are:
a. 
Emergency repairs to any stormwater structure;
b. 
Maintenance of existing gardens or lawns;
c. 
Construction of utilities, other than drainage, which would not alter the terrain, ground cover or drainage patterns.
D. 
Stormwater management plan. A stormwater management plan, which meets the design requirements of this chapter, shall be prepared by a licensed professional engineer and submitted to the city engineer and department of public works. The plan shall include, but not be limited to, the items listed below and, at a minimum, be designed to provide sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. The minimum information, in addition to the name, address and telephone number of the owner, civil engineer and person responsible for implementation of the plan, submitted for support of a stormwater management plan shall be as follows:
1. 
Locus map;
2. 
Drainage area map showing drainage area and stormwater flow paths;
3. 
Location of existing and proposed utilities;
4. 
Location of all existing and proposed stormwater utilities, including structures, pipes, swales and detention basins;
5. 
Topographic survey showing existing and proposed contours;
6. 
Soils investigation, including borings or test pits, for areas where construction of infiltration practices will occur;
7. 
Description of all watercourses, impoundments, and wetlands on or adjacent to the site or into which stormwater flows;
8. 
Delineation of one hundred-year floodplains, if applicable;
9. 
Groundwater levels at the time of probable high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration;
10. 
Existing and proposed locations, cross sections, and profiles of all brooks, streams, drainage swells and the method of stabilization;
11. 
Location of existing and proposed easements;
12. 
Proposed improvements including location of buildings or other structures, impervious surfaces and storm drainage facilities, if applicable;
13. 
Structural details for all components of the proposed drainage systems and stormwater management facilities;
14. 
Timing schedules and sequences of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization;
15. 
Operation and maintenance schedule;
16. 
Notes on drawings specifying materials to be used, construction specifications, and typicals;
17. 
Location of areas to be cleared of more than fifty percent of the vegetation.
E. 
Design requirements and performance standards.
1. 
Performance standards. Control of stormwater runoff shall meet the performance standards for both flood control (volume and peak discharge) and nonpoint source pollution reduction as defined in the Massachusetts Stormwater Management Policy dated March 1997 as amended. All assumptions, methodologies and procedures used to design BMPs and stormwater management practices shall accompany the design. All activities, project design, BMPs, and stormwater management practices should aim to minimize stormwater runoff, maximize infiltration and recharge where appropriate, and minimize pollutants in stormwater runoff.
2. 
Major and minor projects. Activities will be classified as major and minor projects. Major projects are defined as projects which have activities resulting in the land disturbance of one acre or more. All other activities will be considered minor projects. Requirements for major and minor projects are as follows:
a. 
Major projects must either meet the requirements of the stormwater management standards or demonstrate that an equivalent level of environmental protection is provided in the event that one or more of the standards are not met.
b. 
Minor projects must meet the stormwater management standards, however, at the discretion of the DPW, certain aspects of the stormwater management plan may be waived. In general, projects which fall into this category will not require the submission of an operation and maintenance plan.
F. 
Review and approval.
1. 
The department of public works will review the stormwater management plan to determine its conformance with the provisions of this section. For major projects, the conservation commission shall also review the stormwater management plan. Within thirty days after receiving the plan, the department of public works and engineering department shall, in writing:
a. 
Approve the plan as submitted;
b. 
Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and approve the plan subject to these conditions;
c. 
Disapprove the plan indicating the reason(s) and procedure for submitting a revised plan and/or submission.
2. 
Failure of the department of public works to act on an original or revised application within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plan as filed unless such time is extended by agreement between the applicant and the department of public works. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the department of public works.
G. 
Inspections.
1. 
The superintendent of public works, or designated agent shall make inspections as hereinafter required. To obtain inspections, the applicant shall notify the department of public works at least two working days before the following:
a. 
Start of construction;
b. 
Installation of stormwater controls;
c. 
Close of construction season;
d. 
Completion of final grading and landscaping.
2. 
The applicant shall submit an "as-built" plan for the stormwater controls after the final construction is completed. The plan must show the final design specifications of all stormwater management controls and must be prepared by a professional engineer.
H. 
Enforcement.
1. 
When the department of public works or department of municipal inspections determines that an activity is not being carried out in accordance with the requirements of this chapter, a written notice of noncompliance to the applicant shall be issued which, at a minimum, will contain the following:
a. 
The name and address of the applicant;
b. 
The street address or description of the building, structure or land upon which the noncompliance is occurring;
c. 
A statement specifying the nature of the noncompliance;
d. 
A description of the remedial measures necessary to bring the activity into compliance with this bylaw and a time schedule for the completion.
2. 
Applicants receiving a notice of noncompliance will be required to halt all construction activities. This "stop work order" will be in effect until the department of public works or department of municipal inspections confirms that the activity involved in the noncompliance has been satisfactorily addressed. Occupancy permits, if applicable, will not be granted until the requirements of this bylaw are complied with.
3. 
In the event that damages occur to the environment, natural resources, municipal facilities, and/or general health, safety and welfare of the public due to improper installation, operation or maintenance of stormwater controls, a fine may be imposed by the city in accordance with Chapters 1.12 and 1.16 of the revised ordinances of the city of Revere.
(C.O. 04-753 § A (part))