[Amended 7-9-1984; 1-21-1986 by TOR-85-4; 5-15-2006 by TOR-2006-2]
A. 
Sewer permits.
(1) 
No authorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer without first obtaining a written permit from the Superintendent.
(2) 
Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Superintendent at least 45 days prior to the proposed change or connection.
(3) 
In the case of industrial users, an industrial discharge permit shall also be required under § 175-49, Industrial pretreatment program requirements, prior to the issuance of a permit under this section. If an industrial discharge permit is amended, modified, suspended or revoked, then the permit issued under this section shall also be amended, modified, suspended or revoked.
B. 
Storm drain permits.
(1) 
Applicability.
(a) 
The following projects shall be required to comply with the requirements of a storm drain permit:
[1] 
Any alteration to sites on parcels of one acre or greater.
[2] 
Any alteration to individual lots less than one acre, but which are contiguous or are deemed part of a common project which is one acre or greater.
(b) 
Exemptions.
[1] 
Normal maintenance and improvement of land in agriculture as defined by the Wetlands Protection Act regulation 310 CMR 10.4.
[2] 
Stormwater discharges resulting from the activities of Subsection B(1)(a) and (b) which are subject to jurisdiction of the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an order of conditions issued by the conservation Commission shall fall under the DEP's jurisdiction for compliance and enforcement.
[3] 
For total parcel areas less than three acres which have proposed alterations of less than 10% of the parcel(s), unless the nature of the proposed change is such that a significant impact on adjacent properties or downstream structures is anticipated. Changes at a site may not be split or phased in order to use this exemption repeatedly. This exemption is at the complete discretion of the DPW.
[4] 
The down slope area to the alteration is left in a natural state and undisturbed such that impacts are anticipated to be insignificant.
[5] 
The DPW Superintendent may waive strict compliance with any requirement of this SD permit or rules and regulations hereunder.
(2) 
Permits and procedures.
(a) 
Application. A completed application for a storm drain permit shall be filed with the Department of Public Works. Approval must be obtained from the DPW before the beginning of land-disturbing activities that may result in the disturbance of an area of an acre or more and/or an alteration of a site of an acre. Approval to proceed with site changes will be contingent on the application submission's completeness, demonstration of compliance with design standards and inspections.
(b) 
Inspections.
[1] 
Inspections by DPW shall be scheduled as follows.
[a] 
After placement of erosion control BMPs (This will be before beginning of land-disturbing activities or clearing.)
[b] 
Before backfilling of any underground drainage utilities or structures.
[c] 
Walk through to determine final punch list of items remaining.
[d] 
Final inspection upon completion of all construction and stabilization of disturbed areas.
[e] 
Random inspections may be conducted to ensure compliance with the permit provisions.
[2] 
DPW access to make inspections. The filing of an application for a storm drain permit with the DPW shall be deemed as the property owner's permission to the Department of Public Works to have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspections. Included in the right to enter a property is when the permitting authority has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for the abatement of a public nuisance or correction of a violation of the conditions of the storm drain permit or this chapter.
(c) 
Reporting.
[1] 
Short-term. Periodic construction phase reporting on erosion and sediment control best management practices (BMP) inspections, maintenance, and repairs may be required. Reporting requirements will be determined by the location, size, and potential adverse impact of a specific project. Reports will be made by the owner to the DPW.
[2] 
Long-term. The owner may be required to report operation, inspections, maintenance, and repair activities of the site drainage system to the DPW. This will be dependent on the location, size, and potential adverse impacts of a specific site. Reports will be made annually by the owner to the DPW by January 31 for the previous calendar year.
(d) 
Enforcement. The Department of Public Works or an authorized agent of the DPW shall enforce this chapter, regulations, orders, violations notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
[1] 
Civil relief. If a person violates the provisions of this chapter, regulations, permit, notice, or order issued thereunder, the city may seek injunctive relief in the 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 DPW or an authorized agent of the DPW 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 therewith.
[b] 
If the enforcing person 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 advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the city may, at its option, undertake such work, directly or through a contractor, and expenses thereof shall be charged to the violator.
[c] 
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 the city, including administrative costs.
(3) 
Rules and regulations. The Department of Public Works may adopt, and periodically amend DPW policies relevant to the administration of this chapter. These policies shall pertain to erosion and sediment control, design guidelines, materials and construction specifications and other issues related to public drainage system.
A separate and independent building sewer shall be provided for any building required to have sewage collection and treatment by a proper government authority, with the following exception: all multiple-family complexes, a commercial complex, or an industrial complex which has a privately owned and maintained collector system.
[Amended 5-15-2006 by TOR-2006-2]
The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and the WPCF Manual of Practice No. 9 shall apply.
[Amended 5-15-2006 by TOR-2006-2]
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Town's Plumbing Inspector and discharged to the building sewer.
[Amended 5-15-2006 by TOR-2006-2]
A. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Commonwealth of Massachusetts Plumbing Code, 248 CMR: Board of State Examiners of Plumbers and Gas Fitters/Building and/or other applicable rules and regulations of the Town, or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the WPC Manual of Practice No. 9. All such connections shall be made gastight and watertight.
B. 
Restaurants, banquet facilities, commercial kitchen requirements. Any facilities at which on-site food preparation, food processing, food-handling, food service, or other related activities which may result in fats, oils, and grease being introduced into the waste stream will be required to design, install, and maintain an oil/water/grease interceptor/separator appropriate for the intended use. No wastes other than those requiring treatment or separation shall be discharged into any interceptor or separator.
[Amended 9-20-2010by TOR-2010-5]
C. 
Vehicle storage/maintenance facilities. Any commercial facilities which store vehicles, wash vehicles, and perform vehicle maintenance will be required to design, install, and maintain an oil and water, sand and other substance separator, and to seal existing interior floor drains which outlet to the public drainage or sanitary sewer systems. This may also apply to facilities where motor oils, gasoline, antifreeze and similar hazardous liquid wastes are potentially generated or may potentially spill. The system must comply with the Massachusetts Plumbing Code. Sanitary service piping must be such that only wastes requiring treatment or separation shall be discharged into the interceptor or separator.
D. 
Existing use. Existing sites with uses as described in Subsections B and C shall have until September 1, 2011, to install required equipment and make required changes to the site. Failure to meet this deadline will be considered a violation of the sewer permit for the site. Charges shall be assessed by the Department of Public Works to the owner of any property which falls under Subsections A, B, and C above to cover materials, labor, equipment, and administrative costs incurred by the Agawam DPW as a result of noncompliance, plugged sewer mains, plugged sewer services and otherwise excessive fats, oil, grease and/or grit inappropriately being discharged or deposited into the Town’s sanitary sewer system. Additionally, the owner shall be subject to other enforcement actions as described in § 175-54.
[Amended 9-20-2010by TOR-2010-5]
[Amended 5-15-2006 by TOR-2006-2]
A. 
Sewer permit.
(1) 
Application. The applicant for a building sewer permit or sanitary sewer connection permit shall make application on a special form furnished by the Town. The permit application shall be pertinent in the judgment of the Superintendent.
(2) 
Sewer service connection size material, and appurtenances, such as cleanouts, oil and water separators, shall be installed by the owner as directed by the DPW. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his/her representative.
B. 
Storm drain permit.
(1) 
A storm drain permit shall be required for projects as described in § 175-22B. The application shall include the following information, which shall be reflected in the completed application form and permit package.
(a) 
Site location and description.
(b) 
Owner information.
(c) 
Builder/contractor information.
(d) 
Project description.
(e) 
Stormwater management plan.
(f) 
Certification statement.
(g) 
Application/review fee.
(2) 
Storm drain (SD) permitting requirements. The following components will be required to receive a storm drain permit at the discretion of the Superintendent of the Department of Public Works.
(a) 
Application. This shall identify the site location, size of parcel(s), name of larger project this site is a part of, owner information, builder/contractor information, project description.
(b) 
Stormwater management plan.
[1] 
The purpose of the Stormwater Management Plan is to ensure that the runoff from a site has been treated for water quality and quantity impacts during the construction of the project and during the long term. This treatment includes, but is not limited to, erosion and sediment control to the extent practicable via structural and nonstructural BMPs during construction and the establishment of structural BMPs for long-term controls.
[2] 
The Superintendent of the Department of Public Works may require and alter as he sees fit the components of the Stormwater Management Plan. All components of the Stormwater Management Plan shall be prepared and stamped by a licensed professional engineer. That engineer shall be available during the construction phase to advise the builder of any alterations required to protect resource waters and adjacent properties as needed from water volume and water quality impacts due to the project.
[a] 
Temporary measures. This shall include a written description of proposed temporary BMPs, a plan at an appropriate scale of those BMPs, construction details, a description of maintenance of proposed BMPs, a maintenance schedule, and reporting requirements of erosion and sediment controls and on-site hazardous materials handling and storage, dust control, off-site sedimentation measures, plan and procedures, and certification by the contractor and all subcontractors on the site of adherence to the described construction phase plan. The Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas prepared for the Massachusetts DEP, and others, shall be used as guidance for appropriate erosion and sediment control measures. In addition, the DPW may prepare and make available standards for temporary BMP measures and may update those standards.
[b] 
Permanent measures. This shall include a written description of proposed permanent BMPs, a plan at a scale of not less than one inch equals 40 feet of those BMPs, construction details, computations in an acceptable format, a description of long-term maintenance of proposed BMPs, a long-term maintenance schedule, and reporting requirements for maintenance and inspections as specified by the DPW. The DPW shall prepare and make available the full standards for permanent BMP measures and may update those standards.
[c] 
Maintenance. A description of long-term maintenance and inspection schedules shall be submitted for site development projects.
[d] 
Construction certification statement. A statement to be signed by the contractor and all relevant subcontractors shall be included in the SWM plan certifying that they have read and understand the construction phase requirements and agree to comply.
[e] 
Certificate of completion. Once all work has been complete, a final inspection has occurred, and the installation has been approved, the DPW shall issue a certificate of completion.
(c) 
Inspections.
[1] 
Compliance inspections shall be required as determined by the Department of Public Works Superintendent or agent. If in the course of inspections by DPW personnel of temporary or permanent BMPs, it is determined that water resources or the MS4 is not being adequately protected, or that information submitted by the applicant in reporting to the DPW is inadequate, has missing information, or is insufficient, enforcement action will proceed at a level which is appropriate at the discretion of the DPW given the level of the perceived offense.
[2] 
Construction phase inspections shall be conducted by the owner or designee as required to determine the adequacy of erosion and sediment controls. Depending on the results of those inspections, sediment control BMPs shall be repaired, maintained, or improved as necessary.
[3] 
Operations inspections. The owner or designee is responsible for performing all maintenance inspections as described in the stormwater management plan. Those inspections must be of adequate frequency and timing to determine the functioning of short-term and long-term stormwater BMPs. If deficiencies are found, they must be remedied in a timely fashion. Adverse impacts off site which are due to deficiencies in the functioning or maintenance of short-term or long-term BMPs are the responsibility of the storm drain permit applicant. The right to enter adjacent properties and affect repairs/remediation shall be the full responsibility of the storm drain permit applicant.
(d) 
Maintenance. The SD permit applicant shall be responsible for adequate maintenance of BMPs described in the stormwater management plan for short-term and long-term control measures.
(e) 
Reporting. Reporting requirements shall be based upon the overall size of the project, the nature of proposed changes, existing and proposed site conditions, the proximity of water resource, and other pertinent factors. Reporting may include construction phase reports, final or as-built reports, and annual maintenance reports — Upon the completion of the work the permittee shall submit a Final Storm Drain Report (including certified as-built construction plans) from a Professional Engineer (P.E.) or surveyor (RLS), certifying that all stormwater management devices (catch basins, pipes, detention devices, outlet control structures, vegetated swales, channel improvements) and erosion and sediment control devices, and approved changes and modifications, have been completed in accordance with the conditions of the approved permit. Any discrepancies should be noted in the cover letter.
(f) 
Review/approval of storm drain permit. The review and approval by the DPW of information submitted for compliance with the storm drain permit does not relieve the applicant of full responsibility for the adequate protection of water resources as required by state and federal law, or to remediate any adverse impacts to downstream or adjacent properties adversely impacted by new runoff flow paths or flow regimes. If, in the course of the construction and/or ongoing maintenance of the proposed BMPs, it is determined by the DPW, the Town, or any other authority which has jurisdiction over the protection of water resources that the measures currently implemented are inadequate, the owner of the site shall be responsible for implementing improvements, adequate maintenance, and inspections of the protection measures such that the resource and adjacent properties are protected.
(g) 
Certification statement. The storm drain permit applicant and the builder/contractor certify that they shall comply with the stormwater management plan, including all short-term and long-term inspections, maintenance/repairs, and operation of the drainage system, and reporting requirements.
(h) 
Storm drain permit/review fees. The fee for review of any storm drain permit application shall be based on the amount of land to be disturbed at the site and the fee structure established by Code. That fee shall be due before the approval of the storm drain permit or before the beginning of land-disturbing activities as appropriate.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Superintendent.
The Department of Public Works shall establish a schedule of entrance fees and may amend the same from time to time. All fees regarding the Sewer Use Ordinance shall require the approval by the majority vote of the full Town Council. The entrance fee shall be a unit charge for each dwelling or business unit serviced by a direct or indirect connection made to a public sewer. This fee shall be paid prior to any work being commenced by the Town or the owner to effect such connection. A single-family house or one apartment unit shall constitute one dwelling unit, and each individual business in a shopping center or business complex shall constitute one business unit. This fee shall be paid for each unit connected directly to the Town's sewer system as well as for each unit which is later added on to a sewer system which eventually deposits sewage into the Town system. No building sewer permit or sanitary sewer connection permit will be issued unless the person applying for the permit has paid the required entrance fee.
Entrance fees as established under § 175-32 shall not include installation and connection costs. All costs and expenses incident to the installation and connection of the building sewers, the installation of or the connection of sanitary sewers or storm drains shall be borne by the owner. The owner shall indemnify the Town from loss or damage that may directly or indirectly be occasioned by the installation of the building sewer or the connection for the sanitary sewer or the storm drain. The Department of Public Works shall establish a schedule of charges for the installation and connection of building sewers and the installation of connections for sanitary sewers and storm drains and may amend the same from time to time. No building sewer permit or sanitary sewer connection permit or storm drain connection permit will be issued unless the person applying for the permit has deposited with the Town a certified check, payable to the Town of Agawam, in the amount determined by the Department of Public Works. In the event that the cost of the installation and connection of a building sewer or the installation of a sanitary sewer or storm drain connection exceeds the amount deposited with the Town by the owner, then the owner shall reimburse the Town for all costs exceeding the amount deposited. If the reimbursement is not made, the costs shall be considered a lien upon the property served by said building sewer.
All private sewers and drains laid by private parties in any street, court or way open or proposed to be opened for public travel and accommodation shall become public sewers or drains when connected to public sewers or drains. After the adoption of this chapter, no such sewer shall be connected with a public sewer and no such drain shall be connected with a public drain until plans showing size, material, construction, depth and location are approved by the Superintendent and until the owner shall convey, in writing, to the Town exclusive control over the same, with the right to enter such street, court or way and dig up the same so far as necessary for repairing and controlling such sewer or drain and making connections therewith.
[Added 7-9-1984; amended 5-15-2006 by TOR-2006-2]
The stormwater management plan shall demonstrate a comprehensive plan intended to address changes in runoff characteristics due to a proposed construction project. Both short-term and long-term alterations in flow paths, runoff volume, and runoff characteristics must be addressed. The protection of regulated water resources is required. The use of natural preexisting vegetation and/or the planting of native species to provide runoff mitigation is strongly encouraged.
A. 
Stormwater management performance standards. The Superintendent of the Department of Public Works may alter the stormwater management performance standards at his discretion. These standards do not relieve the applicant from complying with all state and federal regulations.
B. 
Construction erosion and sediment controls. Temporary control measures to keep disturbed soils on the construction site, prevent erosion and control and remove sedimentation due the construction process. The Department of Public Works shall develop design guidelines for this purpose. They shall be based upon Massachusetts Department of Environmental Protection Erosion and Sediment Control Policies. The erosion and sediment control plan shall be prepared by a registered professional engineer.
C. 
Permanent measures; runoff quality and quantity best management practices.
(1) 
New development. New commercial, industrial, and residential sites, unless exempted in § 175-22B, must comply with the stormwater management performance standards.
(2) 
Redevelopment. Previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, if it is not practicable to meet all the standards, the new (retrofitted or expanded) stormwater management system must be designed to improve existing conditions.
(a) 
Stormwater management measures shall be required to satisfy the control requirements and shall be implemented in the following order of preference:
[1] 
Flow attenuation and pollutant removal of runoff on site to existing areas with grass, trees, and similar vegetation and through the use of open vegetated swales and natural depressions with appropriate stabilization measures to ensure long-term operation.
[2] 
Stormwater detention pond for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
[3] 
Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water. This type of system will not be allowed for subdivisions.
[4] 
Retention and evaporation of stormwater on rooftops or in parking lots. This type of system will not be allowed for subdivisions.
(b) 
Peak flow rates. Peak flow rates for the post-construction conditions must not exceed the peak flow rates for the preconstruction condition for one-hundred-year twenty-four-hour design storm events. The two-year twenty-four-hour, ten-year twenty-four-hour post-construction peak flow rate must be mitigated to the maximum extent practicable.
(c) 
Minimize pollutants. Best management practices shall be employed to minimize pollutants in stormwater runoff prior to discharge into a separate storm drainage system or water body. Runoff from parking lots over two acres shall be treated by oil and water separators or other controls to remove oil and sediment.
(d) 
Projects involving the storage or use of hazardous chemicals or petroleum products shall incorporate handling and storage best management practices that prevent such chemicals from contaminating runoff from the site into infiltration systems, receiving water bodies, or the MS4, and shall include a list of such chemicals in the application.
(e) 
Connection to MS4. If the destination for the outlet of a detention system is the MS4, the applicant must evaluate the existing capacity and condition of that system. If there are existing deficiencies or extra capacity is not available to accept additional flows from the project site, the applicant will be required to design and construct improvements or reduce the outlet flow rate based on existing capacity.
(f) 
Emergency overflow. All detention ponds shall be designed to provide an emergency overflow system, and incorporate measures to provide a nonerosive velocity to flow along its length and at any outfall.
(g) 
Down stream structures. The designed release rate of any stormwater structure shall be modified if any increase in flooding or stream channel erosion would result at a down stream dam, highway, structure, or normal point of restricted stream flow.
(h) 
Centralized detention facilities. Certain industrial areas have centralized detention facilities. The following describes the allowed percent of impervious area before on-site detention is required.
Site Location
Site Impervious Area Credit for Centralized Detention
Agawam Regional Industrial Park Bowles Road, Almgren Drive, Abrahms Drive
25%
Suffield St. Industrial Park Gold Street
50%
Moylan Lane
25%
(i) 
Detention ponds. The Department of Public Works shall develop design guidelines for this purpose. These standards may be updated from time to time. Public safety shall be considered in the design of any stormwater facilities. Detention ponds on private sites are encouraged to utilize the DPW design guidelines; at the DPW's discretion certain design standards may not apply to private sites. Detention ponds within easements to the Town must follow all design standards as directed by the DPW Superintendent.
(j) 
(Reserved)
(k) 
(Reserved)
(l) 
Detention pond maintenance requirements. Detention ponds within easements to the Town of Agawam require minor maintenance to be performed by the property owner on a regular basis.
[1] 
Remove clogs to the outlet structure caused by leaves, branches, grass clippings, or other debris.
[2] 
All grassed areas must be mowed a minimum of two times per year (spring and fall) to reduce weed growth. If areas become bare, they must be reseeded to sustain vegetative cover.
[3] 
Detention ponds and swales may not be filled in or altered such that the intended design and functioning of the drainage system is impaired.
[4] 
Landscaping, fences, or other utilities or structures may not be placed so that access to the detention pond or drainage structures is impaired.
[5] 
The area surrounding the fenced detention area is to be kept landscaped or grassed.
(m) 
Calculation submittals for review by the DPW shall include the following components.
[1] 
Locus map.
[2] 
Site plan. This plan must include all relevant information for the hydrologic modeling of the site. Information shall include preconstruction and post-construction conditions at the same scale, which is appropriate for complexity and size of the project.
[3] 
Existing conditions and proposed impact mitigation; description/investigation of both up-gradient conditions which release runoff to the site and down-gradient areas which are the destination of the runoff from the site in question. The extent of this investigation must be such that the project designer and the DPW reviewer can have a good understanding of existing conditions, including flow paths, flooding conditions, flow-limiting structures, wetlands or other water resources' ability to withstand current runoff flow rates and volumes. Proposed structures and improvements must be such that they extend far enough down stream to mitigate the proposed development and increases in impervious areas.
[4] 
Soil survey information; copy of Hampden County Soil Survey Map with site clearly outlined at the scale of the map. Copy must be clear such that soil type and hydrologic soil group can be determined. Also, list the soil types, and relevant characteristics for the purpose of modeling the project's runoff.
[5] 
Hydrologic modeling data. All areas shall be modeled utilizing the TR 55 or TR 20 method of drainage calculation as appropriate. Submittals shall include the following information. Submittals will not be reviewed until complete information is given in an easy-to-follow format. The use of tables, summaries, and accompanying back-up data is strongly encouraged.
[a] 
Drainage subarea designations and outline locations for pre- and post-construction condition.
[b] 
Time of concentration path location, path length, surface grade, soil type boundary location for pre- and post-construction condition.
[c] 
Modeling method description.
[d] 
Model data for pre- and post-construction conditions, including model of all proposed flow rate control structures.
[e] 
Model output for pre- and post-construction conditions, including model of all proposed flow rate control structures.
[f] 
Preconstruction peak flow rate and post-construction peak flow rate at all design points for the site.
[6] 
Design storm events. One-hundred-year twenty-four-hour storm event: post-construction must not exceed the preconstruction peak flow rate. Two-year twenty-four-hour, ten-year twenty-four-hour peak flow rates must be mitigated to the maximum extent practicable.
[7] 
Detention pond design. Seasonal high groundwater elevation must be determined by a certified soil evaluator or certified professional soil scientist for the proposed location of the detention pond. There must be a one-foot separation between the lowest elevation of the detention pond and the seasonal high groundwater elevation. The side slopes of the detention pond must not exceed 3:1 and have a sinuous shape. Contributing area for each detention pond shall be a maximum of 10 acres. It shall be less depending on the characteristics of the preconstruction site drainage pathways. An overland spillway shall be included such that if the capacity of the detention pond is exceeded or the outlet becomes temporarily clogged, a defined overland flow path has been established which is adequately reinforced to resist erosion and to protect adjacent property from drainage flows.
[8] 
Outlet to water resources. Structures shall adequately dissipate energy of outlet effluent such that down stream wetlands, brooks, streams, and adjacent properties are not damaged by any increase in peak flows due to construction phase and post-construction conditions. Analysis of downstream conditions and natural drainage features ability to adequately handle construction phase and post-construction flow will be performed, analyzed, and reported as part of the storm drain permit application. Appropriate remediation of down stream structures must be proposed.
[9] 
Summary table of peak flow comparisons of pre- and post-development runoff rates for the appropriate design storm depending on the location relative to protected resource waters.
D. 
Operation and maintenance, Long-Term.
(1) 
An operation and maintenance manual shall be developed by the project designer for the owner's use once construction on the proposed system is complete. The manual will include a description of each component of the drainage system, inspections, maintenance, and the frequency of each for continued operation of the system.
(2) 
See § 175-30B(5) for reporting requirements.
E. 
Owner/contractor certification statement; performance; and certificate of completion.
(1) 
Certification. The owner or authorized representative and all contractors and subcontractors shall sign certification statements as part of the permit application and the stormwater management plan. In signing the plan, the authorized representative certifies that the information is true and assumes liability for the plan. Official signatures provide a basis for an enforcement action to be taken against the person signing the document.
(a) 
The owner certification statement shall read:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
(b) 
Contractors and subcontractors certification statement.
[1] 
Contractors and subcontractors certification statement shall read:
"I certify under penalty of law that I understand the terms and conditions of the Storm Drain Permit that authorizes stormwater discharges associated with industrial activity from the construction site identified as part of this certification."
[2] 
The storm drain permit application shall list all contractors and subcontractors who will implement the measures identified in the stormwater management plan.
(2) 
Performance.
(a) 
Subdivisions. The storm drain permit requirements shall be included in the Planning Board's bond amount for subdivision construction, in that the subdivision plans shall reflect the requirements of the DPW storm drain permit. The bond amount for the drainage system shall reflect all structures proposed in the public way and within easements to be given to the Town for drainage purposes.
(b) 
Site plans. The DPW will request that the building occupancy permit be withheld until the DPW has issued a storm drain certificate of compliance for the proposed drainage system.
(3) 
Storm drain permit certificate of compliance. A certificate of compliance shall be issued by the Department of Public Works once the following has been completed.
(a) 
A final inspection of the completed work by the Town Engineer.
(b) 
Certification by a P.E. or R.L.S of the design volume of detention facilities.
(c) 
Submission of storm drain final report as described in § 175-30B(2)(e).
F. 
Storm drain permit fees. The Department of Public Works may charge fees for application review and inspections.
(1) 
Application fees shall be charged as follows, based upon the project area of disturbance. The fee shall be due at the time of permit application before review begins.
Permit Application Fees
Parcel Area or Area of Disturbance
(acres)
Fee
1 to 5
$200
Above 5 to 20
$700
Above 20 to 50
$1,500
Above 50
$1,500 plus $25 per acre above 50
(2) 
Inspection fees shall be charged as follows, based upon the project area of disturbance. The fee shall be due before land-disturbing activities begin.
Inspection Fees
Parcel Area or Area of Disturbance
(acres)
Fee
1 to 5
$100
Above 5 to 20
$350
Above 20 to 50
$750
Above 50
$750 plus $10 per acre above 50
(3) 
Determination of area of disturbance category. If the area of the parcel(s) and area of project disturbance differ such that the area of disturbance will be in a lower fee category, the applicant may submit a certified statement by the project designer, a P.E., of the project's area of disturbance. If during construction the area of disturbance is expanded, the greater fee will be due before the certificate of completion will be issued. Emergency remediation, not included in the originally approved permit but required due to field conditions, outside of the project site will not be included in this area.