[HISTORY: Adopted by the Town Meeting of the Town of Dennis
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-2009 STM, Art. 7]
A.
Construction site stormwater runoff and post-construction stormwater
discharges may permanently alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, which
in turn may increase flooding, stream channel erosion, nonpoint source
pollution, sediment transport and deposition, and decrease groundwater
recharge;
B.
Construction site stormwater runoff and post-construction stormwater
discharges can adversely affect public safety, public and private
property, surface water, groundwater resources, drinking water supplies,
recreation, aquatic habitats, fish and other aquatic life, property
values and other uses of land and water;
C.
It is in the public interest to regulate construction site stormwater
runoff and post-construction stormwater discharges in order to minimize
the impacts identified above.
A.
The purpose of this bylaw is to manage land development in order
to protect, maintain and enhance the public health, safety, environment
and general welfare by establishing minimum requirements and procedures
to control the adverse impacts of construction site stormwater runoff
and post-construction stormwater discharges. This bylaw seeks to meet
this purpose through the following objectives:
(1)
Establish decisionmaking processes surrounding construction site
activities that protect the integrity of the watershed and preserve
the health of water resources;
(2)
Require that construction site activities maintain the post-construction
runoff characteristics as equal to or less than the pre-construction
runoff characteristics;
(3)
Establish minimum construction site and post-construction stormwater
management standards and design criteria for the regulation and control
of stormwater runoff quantity and quality;
(4)
Encourage the use of nonstructural stormwater management practices
or "low-impact development" practices, i.e. grass swales, french drains,
etc.;
(5)
Establish provisions for the long-term responsibility for and maintenance
of structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety;
(6)
Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection and long-term
maintenance of stormwater facilities implemented as part of this bylaw;
and
(7)
Establish administrative procedures, fees and fines for violations
for the submission, review, approval or disapproval of applications
for stormwater management permits, and for the inspection of approved
active projects, and long-term follow up.
B.
Nothing in this bylaw is intended to replace the requirements of
the Town of Dennis Wetlands Protection Bylaw,[1] Zoning Bylaw,[2] Subdivision Rules and Regulations, Board Of Health Regulations[3] or any other bylaw that may be adopted by the Town of
Dennis, or any state or federal requirement, law, regulation or policy.
Any activity subject to the provisions of this bylaw must comply with
all other applicable Town, state or federal requirements.
The following definitions shall apply in the interpretation
and implementation of this bylaw. Additional definitions may be adopted
by separate regulation:
Having a deleterious effect on waters or wetlands, including
their quality, quantity, surface area, species composition, aesthetics
or usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Any activity, which will change the ability of a ground surface
area to absorb water or will change existing surface drainage patterns.
Examples include, but are not limited to, earthmoving, paving, and
modification of existing vegetation.
The Town of Dennis Building Commissioner or his/her designee.
Any site where activity is proposed or occurs that involves
the alteration of more than 500 contiguous square feet of land.
Land uses or activities, without regard to square footage,
that have the potential for high stormwater runoff pollutant loadings,
including, but not limited to, auto fueling facilities, fleet storage
yards, road salt storage areas and designated snow disposal areas,
staging areas for construction or landscaping operations, commercial
and industrial outdoor maintenance, storage or loading areas.
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.
A document signed by the Town of Dennis Building Commissioner
which allows the alteration of the land within a hotspot area or construction
site based upon the person's proposed work on a project plan which
was submitted as required by this Stormwater Management Bylaw.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34, and as authorized by the voters of the Town of Dennis
at the October 27, 2009, Special Town Meeting under Article 7.
A.
The Town of Dennis Select Board shall adopt, and may periodically
amend, rules and regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant
fees), fines and penalties, application requirements, procedures and
administration of this Stormwater Management Bylaw, after conducting
a public hearing to receive comments on any proposed rules and regulations,
or revisions thereto. Failure by the Town of Dennis Select Board to
promulgate such rules and regulations, or a legal declaration of their
invalidity by a court, shall not act to suspend or invalidate the
effect of this bylaw.
[Amended 10-3-2020 STM by Art. 12]
B.
The Building Commissioner shall administer, implement and enforce
this bylaw. Any powers granted to or duties imposed upon the Building
Commissioner may be delegated by the Building Commissioner to his/her
designee.
C.
The Building Commissioner may take any of the following actions as
a result of an application for a stormwater management permit: approval,
approval with conditions, disapproval, or disapproval without prejudice.
A.
All persons that create a construction site or hotspot area are required
to satisfy the purpose and intent of this bylaw and in accordance
with the "Dennis Stormwater Management Rules and Regulations," as
revised.
B.
In addition, all construction sites altering more than 20,000 square
feet of total area, and all hotspot areas are required to secure a
stormwater management permit prior to starting any land disturbance
within the person's property.
C.
The following exemptions from this Stormwater Management Bylaw apply:
(1)
Any land disturbance of 500 square feet or less;
(2)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation, 310 CMR 10.04;
(3)
Emergency activities necessary to protect public health or safety,
so long as all necessary emergency permits or emergency certifications
have been or will be obtained;
(4)
Normal maintenance and improvements of Town of Dennis publicly owned
roads;
(5)
Any work or projects for which all necessary approvals and permits
have been issued before the effective date of this bylaw.
A.
This bylaw shall be administered by the Building Commissioner. The
Building Commissioner shall approve no application of any kind nor
drawings or specifications which are not in all respects in conformance
with this bylaw.
B.
The Building Commissioner shall be under the supervision of the Select
Board and shall be subject to such administrative procedures as it
may prescribe for the proper conduct of this office. The Building
Commissioner shall submit an annual report in January of each year
of the work of his office.
[Amended 10-3-2020 STM by Art. 12]
C.
The Building Commissioner shall make inspections of all sites covered
under this bylaw within the Town and may, for these purposes, enter
upon the premises where such operations are carried on at all reasonable
times.
D.
Violations and penalties.
(1)
Any person, corporation or entity found in violation of any provisions
of this bylaw shall be punished by a fine in accordance with the following
schedule of fines, and each day that the violation continues shall
constitute a separate offense:
|
Number of Offense
|
Penalty
|
|---|---|
|
First offense
|
Written notice of violation
|
|
Second offense
|
$100
|
|
Third offense and subsequent offenses
|
$300
|
(2)
Notice of violation and procedure shall be in accordance with MGL
c. 40, § 21D (noncriminal disposition).
The invalidity of any section, provision, paragraph, sentence
or clause of this bylaw shall not invalidate any section, provision,
paragraph, sentence, or clause thereof, nor shall it invalidate any
permit or determination that previously has been issued.
[Adopted 5-7-2019 ATM,
Art. 44]
A.
Increased and contaminated stormwater runoff is a major cause of
impairment of water quality and flow in lakes, ponds, streams, rivers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and flooding.
Regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town of
Dennis's water bodies and groundwater, and to safeguard the public
health, safety, welfare and the environment.
B.
The objectives of this bylaw are:
(1)
To prevent pollutants from entering the Town of Dennis's municipal
separate storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges to the
MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(5)
To establish the legal authority to ensure compliance with the provisions
of this bylaw through inspection, monitoring, and enforcement.
For the purposes of this bylaw, the following shall mean:
The Board of Health (hereafter, the "Board"), its employees
or agents designated to enforce this bylaw.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
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.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drain system, including
without limitation sewage, process wastewater, or wash water, and
any connections from indoor drains, sump pumps, sinks, or toilets,
regardless of whether said connection was previously allowed, permitted,
or approved before the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 154-16. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System ("NPDES") Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from firefighting activities exempted pursuant to § 154-16A of this 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, and rooftops.
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 Dennis.
A permit issued by United States Environmental Protection
Agency or jointly with the State that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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 element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth.
Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, 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.
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.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
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 raw material, intermediate product, finished product, byproduct
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
This bylaw shall apply to any and all illicit discharges entering
the municipally owned storm drainage system.
A.
This bylaw is adopted under the authority granted by the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule Procedures
Act, and pursuant to the regulations of the Federal Clean Water Act
found at 40 CFR 122.34.
B.
Nothing in this bylaw is intended to replace the requirements or
authority of any other bylaw, state, federal or superseding authority.
The Board shall administer, implement and enforce this bylaw.
Any powers granted to or duties imposed upon the Board may be delegated
in writing by the Board to any employees or agents of the Board.
The Board may promulgate rules and regulations to effectuate
the purposes of this bylaw. Failure by the Board to promulgate such
rules and regulations shall not have the effect of suspending or invalidating
this bylaw.
A.
Illicit Discharges. No person shall dump, discharge, cause or allow
to be discharged any pollutant or non-stormwater discharge into the
municipal separate storm drain system (MS4), into a watercourse, or
into the waters of the Commonwealth, or abutting property.
B.
Illicit Connections. No person shall construct, use, allow, maintain
or continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
C.
Obstruction of Municipal Storm Drain System. No person shall obstruct
or interfere with the normal flow of stormwater into or out of the
municipal storm drain system without prior written approval from the
Board.
D.
Pumping of Water. No person shall direct, discharge, lead, or pump
water, clear or otherwise, including groundwater and/or rooftop runoff,
onto any public ways or streets, adjacent property, into the Town's
municipal separate storm drain system, or into any watercourse or
waters of the Commonwealth. Any pumping of groundwater shall be done
in such a way that the water is contained in its entirety on the originating
property and shall not create a public nuisance to the Town or abutting
properties.
E.
Discharging of Pool Water. No person shall pump pool water, dechlorinated
or otherwise, onto any public ways or streets, adjacent property,
into the Town's municipal separate storm drain system, or into any
watercourse or waters of the Commonwealth. Any pumping of pool water
shall be done in such a way that the water is contained in its entirety
on the originating property and shall not create a public nuisance
to the Town or abutting properties.
The following non-stormwater discharges or flows are exempt
from this bylaw provided that the source is not a significant contributor
of a pollutant to the municipal storm drain system:
A.
Discharge or flow resulting from firefighting activities;
B.
Waterline flushing;
C.
Flow from potable water sources;
D.
Springs;
E.
Natural flow from riparian habitats and wetlands;
F.
Diverted stream flow;
G.
Uncontaminated groundwater infiltration directly into the drainage
system and/or MS4 as defined in 40 CFR 35.2005(20);
H.
Incidental discharges from landscape irrigation or lawn watering;
I.
Water from individual residential car washing;
J.
Discharge from street sweeping of minor amounts of water during operations;
K.
Dye testing, provided verbal notification is given to the Board prior
to the time of the test;
L.
Non-stormwater discharge permitted under an NPDES permit or a Surface
Water Discharge Permit, waiver, or waste discharge order administered
under the authority of the United States Environmental Protection
Agency or the Massachusetts Department of Environmental Protection,
provided that the discharge is in full compliance with the requirements
of the permit, waiver, or order and applicable laws and regulations;
and
M.
Discharges for which advanced written approval is received from the
Board as necessary to protect public health, safety, welfare or the
environment.
The Board may suspend municipal storm drain system access to
any person or property without prior written notice when such suspension
is necessary to stop an actual or threatened discharge of pollutants
that presents imminent risk of harm to the public health, safety,
welfare or the environment. In the event any person fails to comply
with an emergency suspension order, the Board and/or any other authorized
Town Official and/or any other authorized employee or agent of the
Town may take all reasonable steps to prevent or minimize harm to
the public health, safety, welfare or the environment.
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or waters of the Commonwealth, the
person shall take all necessary steps to ensure containment, and cleanup
of the release. In the event of a release of oil or hazardous materials,
the person shall immediately notify the Town of Dennis Fire and Police
Departments and the Board of Health. In the event of a release of
non-hazardous material, the reporting person shall notify the Authorized
Enforcement Agency no later than the next business day. The reporting
person shall provide to the Board written confirmation of all telephone,
facsimile or in-person notifications within three business days thereafter.
If the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or operator of the facility shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
A.
The Board or an authorized agent of the Board shall enforce this
bylaw, regulations, orders, violation notices, and enforcement orders,
and may pursue all civil and criminal remedies for such violations.
B.
Civil Relief. If a person violates the provisions of this bylaw,
regulations, permit, notice, or order issued thereunder, the Board
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.
C.
Orders. The Board or an authorized agent of the Board may issue a
written order to enforce the provisions of this bylaw or the regulations
thereunder, which may include:
D.
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
Town of Dennis may, at its option, undertake such work, and expenses
thereof shall be charged to the violator.
E.
Within thirty (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 Town
of Dennis including administrative costs. The violator or property
owner may file a written protest objecting to the amount or basis
of costs with the Board within thirty (30) days of receipt of the
notification of the costs incurred. If the amount due is not received
by the expiration of the time in which to file a protest or within
thirty (30) days following a decision of the Board 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 owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57, after
the 31st day at which the costs first become due.
F.
Criminal Penalty. Any violation of any provision of this bylaw, regulation,
order or permit issued thereunder shall be punishable by a criminal
penalty of not more than $100 per violation. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
G.
Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town of Dennis may elect to utilize the non-criminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter I, Article I, of the Town of Dennis Bylaws. The fine for the first violation shall be $100. The fine for the second violation shall be $200. The fine for the third and all subsequent violations shall be $300. Each day or part thereof that such violation(s) occurs or continues shall constitute a separate offense. The Town of Dennis may also impose additional penalties for reimbursement of labor and/or materials used to temporarily remedy the violation.
H.
Entry to Perform Duties Under this Bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Board, its agents, officers, and employees may
enter upon privately owned property for the purpose of performing
their duties under this bylaw and regulations and may make or cause
to be made such examinations, surveys or sampling as the Board deems
reasonably necessary.
I.
Appeals. The decisions or orders of the Board shall be final. Further
relief shall be to a court of competent jurisdiction.
J.
Remedies Not Exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause, of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
Residential property owners shall have 90 days from the effective
date of the bylaw to comply with its provisions provided good cause
is shown for the failure to comply with the bylaw during that period.
