A. 
Purpose. The purpose of this ordinance is to protect the health, safety, general welfare, and environment in the management, operation, and maintenance of the Town's stormwater system by regulating or prohibiting actions detrimental to either the proper quality or quantity of water in the system. Actions regulated or prohibited include unauthorized, authorized, improper or proper connections and discharges to the stormwater system, allowing or enabling pollutants to enter the system, and causing construction site runoff and post-construction runoff to enter the system. 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 areas;
(4) 
Alteration or destruction of aquatic and wildlife habitat;
(5) 
Overloading or clogging of municipal stormwater management systems; and
(6) 
Flooding.
B. 
Objectives. The objectives of this ordinance are to:
(1) 
Protect water resources;
(2) 
Comply with state and federal statutes and regulations relating to stormwater discharges, including total maximum daily load (TMDL) requirements;
(3) 
To the extent possible, prevent new pollutants from entering the Town's municipal separate storm drainage system (MS4)* and reduce or eliminate pollutants currently entering the Town's MS4 from existing uses;
*NOTE: Unless otherwise defined in this section, the terms in this ordinance correspond to definitions found in the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems issued by the U.S. Environmental Protection Agency. Such a permit is referred to at the federal level as an "MS4" permit. The Town of Randolph has a stormwater drainage system, not a stormwater sewer system, so the Town will use the term "MS4" to refer to the Randolph "Municipal Separate Storm Drainage System," which is covered by the same federal statutes, permit and regulations.
(4) 
Prohibit illicit connections and unauthorized discharges to the MS4 and require their removal;
(5) 
Establish minimum construction and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(6) 
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; and
(7) 
Establish the Town of Randolph's legal authority to ensure compliance with the provisions of this ordinance through inspection, monitoring, and enforcement.
Definitions applicable to this ordinance are provided herein:
APPLICANT
Any entity, including without limitation 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.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement found to be effective and practical to reduce the quantity or improve the quality of stormwater runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control. A CPESC refers specifically to a person holding the certification provided through the certification program sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy. That certification provides the public with evidence of professional qualifications.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
DEVELOPMENT
The modification of land or structures to accommodate a new use or expansion of use, usually involving construction.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination of pollutants into the MS4 or into the waters of the United States or commonwealth from any source.
DISTURBANCE OF LAND
A change in the position, location, or arrangement of soil, sand, rock, gravel, asphalt or similar earth material.
EROSION
The wearing away of the land surface by natural or artificial forces, such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing a narrative, drawings and details developed by a qualified professional engineer (PE) or a certified professional in erosion and sedimentation control (CPESC), which includes best management practices (BMPs), or equivalent measures designed to control surface runoff and erosion and sedimentation during preconstruction and construction-related land disturbance activities.
GROUNDWATER
Water beneath the surface of the ground.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows an illicit discharge into the MS4, including without limitation sewage, process wastewater, 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 Ordinance.
ILLICIT DISCHARGE
Direct or indirect discharge to the MS4 that is not composed entirely of stormwater, except as exempted in § 195-9. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to § 195-9(D)(1) of the Stormwater Management Ordinance.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents water from infiltrating the underlying soil, including without limitation roads, paved parking lots, sidewalks, and rooftops.
IMPOUNDMENT
A stormwater pond created by either constructing an embankment or excavating a pit which retains a permanent or periodic pool of water, including a retention basin or a detention basin.
INFILTRATION
The act of conveying surface water into the ground to permit groundwater recharge and, where applicable, the resulting reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY
Any action or activity that causes a change in the position, location or arrangement of soil, sand, rock, gravel or similar earth material.
LAND USE OF HIGHER POTENTIAL POLLUTANT LOAD (LUHPPL)
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.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations, 321 CMR 10.00, which prohibit the taking of any rare plant or animal species listed as endangered, threatened, or of special concern.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS
The standards issued by the Department of Environmental Protection, and as amended, that coordinate 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 policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and controlling the quantity of runoff from a site.
MS4
Municipal separate storm sewer or drainage system; 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 Randolph, including the Randolph Municipal Separate Storm Drainage System.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
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.
NONSTORMWATER DISCHARGE
Discharge to the MS4 not composed entirely of stormwater.
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.
OWNER
A person with a legal or equitable interest in property.
PERSON
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(S)
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 MS4, sewage treatment works or waters of the commonwealth. Pollutants shall include without limitation:
A. 
Paints, varnishes, and solvents;
B. 
Oil and other automotive fluids;
C. 
Nonhazardous liquid and solid wastes and yard wastes;
D. 
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, accumulations or floatables;
E. 
Pesticides, herbicides, and fertilizers;
F. 
Hazardous materials and wastes, sewage, fecal coliform and pathogens;
G. 
Dissolved and particulate metals;
H. 
Animal wastes;
I. 
Rock, sand, salt and soils;
J. 
Construction wastes and residues; and
K. 
Noxious or offensive matter of any kind.
PRECONSTRUCTION
All activity in preparation for construction.
PROCESS WASTEWATER
Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.
RECHARGE
The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes.
SEDIMENTATION
The process or act of deposition of sediment.
SITE
Any lot or parcel of land or area of property where land disturbance activities are, were, or will be performed.
SOIL
Any earth, sand, rock, gravel, or similar material.
STORMWATER
Runoff from precipitation or snow melt and surface water runoff and drainage.
STORMWATER AUTHORITY
A public official or body authorized to promulgate, review and adopt stormwater regulations pursuant to this Stormwater Ordinance, to issue permits pursuant to any such stormwater regulations and/or this Stormwater Ordinance, and to enforce such stormwater regulations and this Stormwater Ordinance. The Stormwater Authority or its designee shall be the Enforcement Authority for this ordinance and any regulations issued hereunder.
STORMWATER MANAGEMENT PLAN
A plan required as part of the application for a land disturbance permit which addresses the status of stormwater on a given site and the proposed methods for managing, directing or controlling stormwater on that site during and after any land disturbance activity.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as "toxic" or "hazardous" under MGL c. 21C and c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WASTEWATER
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.
WATERCOURSE
A natural or man-made channel through which water flows, or a stream of water including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the Commonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
WETLAND RESOURCE AREA
Areas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, or in the Town of Randolph Wetlands Protection Ordinance as wetland resource areas.
WETLANDS
Tidal and nontidal areas characterized by saturated or nearly saturated soils most of the year that are located between terrestrial (land-based) and aquatic (water-based) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include "marshes," "swamps" and "bogs."
This ordinance is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the home rule statutes, the Federal Clean Water Act and the regulations thereunder (40 CFR Part 122, Subpart B and in particular 40 CFR 122.34) as they may be amended, and the Charter of the Town of Randolph.
A. 
The Stormwater Authority for the Town of Randolph shall be the Superintendent of the Randolph Department of Public Works (DPW).
B. 
The Stormwater Authority shall administer, implement and enforce this ordinance. 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.
C. 
The Stormwater Authority shall promulgate, review and adopt stormwater regulations pursuant to this Stormwater Ordinance and for the purpose of effectuating this ordinance. Said regulations shall be adopted only after public notice in a newspaper of general circulation, a public hearing and the filing of the regulations with the Town Clerk.
D. 
The Stormwater Authority shall enforce such stormwater regulations and this Stormwater Ordinance.
E. 
The Stormwater Authority shall have the authority to issue any permits provided for under this ordinance or the stormwater regulations.
F. 
Failure of the Stormwater Authority to promulgate or adopt regulations pursuant to this ordinance or a determination of their invalidity by final order of a court of competent jurisdiction shall not have the effect of suspending or invalidating this ordinance.
A. 
Following a public hearing on a waiver request, the Stormwater Authority may waive strict compliance with any requirement of this ordinance or the rules and regulations promulgated hereunder, where such action:
(1) 
Is allowed by federal, state and local statutes and/or regulations; and
(2) 
Is in the public interest; and
(3) 
Is not inconsistent with the purpose and intent of this ordinance.
B. 
All waiver requests shall be submitted in writing and shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the ordinance does not further the purposes or objective of this ordinance.
C. 
Whenever an applicant files an application under this ordinance or the accompanying regulations, the applicant shall include waiver requests that relate to the application. If the application requires a public hearing, the waiver request and the application shall be heard at the same public hearing. If the application does not otherwise require a public hearing, a public hearing shall be held concerning the waiver request prior to action being taken on the application. Subsequent waiver requests relating to the application shall not be permitted unless the Stormwater Authority determines that the waiver request could not have been made as part of the original application and that the subsequent waiver request is necessitated by a change in circumstances.
D. 
If in the Stormwater Authority's opinion, additional time or information is required for review of a waiver request, the Stormwater Authority may request such additional information and, with the applicant's permission, may continue a hearing to a certain date announced at the meeting. In the event the applicant fails to provide requested information relating to the waiver request, the waiver request shall be denied.
A. 
The Stormwater Authority may adopt, and periodically amend, regulations, rules and/or written guidance relating to the terms, conditions, definitions, enforcement, fees, procedures and administration of this ordinance, but only after conducting a public hearing to receive comments on such proposed adoption. Such hearing shall be advertised in a newspaper of general local circulation, at least 14 days prior to the hearing date.
B. 
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. Administrative review approval shall comply with all other provisions of this ordinance.
The provisions of this ordinance are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this ordinance 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 ordinance.