This chapter is adopted under 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.
A.
The purpose of this chapter is to protect health, safety, general welfare, and environment by regulating illicit connections and discharges to the storm drainage system and controlling the adverse effects of construction site stormwater runoff and post-construction runoff. Stormwater runoff is potentially a major cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, groundwater, and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream coastal areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Flooding; and
(6)
Overloading or clogging of municipal stormwater management systems.
B.
The objectives of this chapter are to:
(1)
To prohibit illicit connections and unauthorized discharges to the municipal separate storm sewer system (MS4) and require their removal;
(2)
To protect water resources;
(3)
To establish minimum construction and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality.
(4)
To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and reduce or eliminate pollutants entering the Town's MS4 from existing users;
(5)
To 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 not threat to public safety;
(6)
To comply with state and federal statutes and regulations relating to stormwater discharges, including total maximum daily load requirements;
(7)
To ensure compliance with the provisions of this chapter through inspection, monitoring and enforcement.
For the purposes of this chapter, the following shall mean:
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 for proposed land-disturbance activity.
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as hereafter amended.
Any activity that removes the vegetative surface cover. Clearing activities generally include grubbing activity as defined below.
The modification of land to accommodate a new use or expansion of use, usually involving construction.
The addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or commonwealth from any source.
Any action, including clearing and grubbing, to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavation, cutting, and filling), soil compaction, and movement and stockpiling of top soils.
The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed by a registered professional engineer (PE), registered professional land surveyor (PLS), 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-disturbance activities.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance which allows an illegal or illicit discharge into the municipal storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including without limitation sewage, process wastewater, and 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 Stormwater Management Bylaw.
Direct or indirect discharge to the municipal storm drain system or a watercourse or the waters of the commonwealth that is not composed entirely of stormwater, except for projects exempted by this chapter or by regulations issued thereunder. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 194-10D(1) of the Stormwater Management Bylaw.
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, rooftops, structures, artificial turf and compacted gravel or soil.
A stormwater pond created by either constructing an embankment or excavating a pit which retains a temporary or permanent pool of water.
Activities subject to NPDES industrial permits as defined in 40 CFR 122.26, Subdivision (b)(14).
Not technologically possible, or not economically practicable and achievable in light of best industry practices.
The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
Land uses or activities with higher potential pollutant loadings, as defined in the Massachusetts Stormwater Management Standards, such as auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances or marinas.
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.
The Standards issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act MGL c. 131, § 40 and Massachusetts Clean Waters Act MGL c. 21, §§ 23 through 56. The Standards address stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity and quality of runoff from a site.
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 Fairhaven.
A permit issued by the United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.
Any construction activities or land alteration resulting in disturbance on an area that has not previously been developed to include impervious cover.
Discharge to the municipal storm drain system not composed entirely of stormwater.
An approach whereby pollutant removal practices are implemented at redevelopment or retrofit sites at another location in the same HUC12 watershed, as the original project, as approved by the Stormwater Authority.
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.
The point at which stormwater flows out from a discernible, confined point source or discrete conveyance into waters of the commonwealth.
A person with a legal or equitable interest in property.
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.
Any discernible, confined, and discrete means of 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.
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 storm sewer, water works or waters of the commonwealth. Pollutants shall include without limitation:
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, ordinance, accumulations, and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes, sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
Any construction, land alteration or improvement of impervious surfaces resulting in earth disturbance that does not meet the definition of new development.
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
Runoff from precipitation or snow melt and surface water runoff and drainage.
A panel consisting of the Town of Fairhaven Board of Public Works Superintendent, Conservation Agent, and Director of Planning and Economic Development, or their designee.
A plan required as part of the application for a land disturbance permit.
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.
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 material, intermediate product, finished product, by-product, or waste product.
A natural or human-made channel through which water flows, including a river, brook, stream, underground stream, pond or lake.
All waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
As specifically defined in the Massachusetts Wetlands Protection Act but generally include 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) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include marshes, swamps and bogs.
The Stormwater Authority shall administer, implement and enforce this chapter. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents of the Town. The process for approval will be determined based on statutory authority.
A.
Following a public hearing in accordance with the Stormwater Regulations on a waiver request, the Stormwater Authority may waive strict compliance with any requirement of this chapter or the rules and regulations promulgated hereunder, where:
B.
Any applicant must submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the chapter does not further the purposes or objectives of this chapter.
C.
If, in the Stormwater Authority's opinion, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a certain date 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.
This chapter is intended to further the objectives of and to act in concert with any existing federal, state or local laws concerning stormwater discharges in the Town of Fairhaven, including but not limited to the requirements of the United States Environmental Protection Agency's most recent General Permit for MS4s, and nothing in this chapter is intended to limit or restrict the authority of any board, commission or officer of the Town to act in accordance with any federal, state and local laws within their jurisdiction, and in the event of a conflict, the more stringent requirements will control.
The Stormwater Authority may adopt, and periodically amend, rules, regulations, and/or written guidance relating to the terms, conditions, definitions, enforcement, fees, procedures and administration of the Stormwater Bylaw by majority vote after conducting a public hearing to receive comments. Such hearing shall be advertised in a newspaper of general local circulation, once in each of two successive weeks, the first publication being at least 14 days prior to the hearing date. Failure by 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 chapter. Such regulations, rules or guidance may include, without limitation, provisions for the establishment of one or more categories of administrative review approvals for specific types or sizes of projects. Administrative review applications that meet all the standard requirements may be issued by one or more agents designated in writing by the Stormwater Authority, without the requirement for a public hearing as detailed in this chapter. Administrative review approval shall comply with all other provisions of this chapter.
The provisions of this chapter are hereby 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.