Town of Lunenburg, MA Stormwater and Storm Sewers

Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Lunenburg's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater which result in the contamination of drinking water supplies; erosion of stream channels; alteration or destruction of aquatic and wildlife habitat; and flooding. This bylaw establishes minimum stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off-site and downstream which would be borne by abutters, townspeople and the general public.

BEST MANAGEMENT PRACTICE (BMP)

This regulation requires local review and approval of a stormwater management plan for all development and redevelopment projects that disturb one acre or more. In addition to these regulations, the owner and/or developer is also obligated to meet the requirements of the Federal Environmental Protection Agency's (EPA) regulations for stormwater management.

The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional definitions may be adopted by separate regulation:

ACRE

Forty-three thousand, five-hundred and sixty square feet (43,560 sq. ft.).

AGRICULTURAL USE

The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40, and its implementing regulations.

ALTER

Any activity, which will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alter may be similarly represented as "alteration of drainage characteristics," and "conducting land disturbance activities."

APPLICANT

Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth of Massachusetts or the federal government to the extent permitted by law requesting a Stormwater Management Permit for proposed land-disturbance activity.

Structural, non-structural and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce increases in stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment. "Structural" BMPs are devices that are engineered and constructed to provide temporary storage and treatment of stormwater runoff. "Nonstructural" BMPs use natural measures to reduce pollution levels, do not require extensive construction efforts, and/or promote pollutant reduction by eliminating the pollutant source.

BETTER SITE DESIGN

Site design approaches and techniques that can reduce a site's impact on the watershed through the use of nonstructural stormwater management practices. Better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover, and using natural features for stormwater management.

CERTIFICATE OF COMPLETION

Document issued by the Town of Lunenburg Planning Board, its employees, or authorized agents upon receipt of a final inspection report and acknowledgement that all conditions of the Stormwater Management Permit have been satisfactorily completed.

ENFORCEMENT ORDER

A written order issued by the Town of Lunenburg to enforce the provisions of this Article.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN 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 Lunenburg, MA.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

A permit issued by the EPA or jointly with the Commonwealth of Massachusetts that authorizes the discharge of stormwater to waters of the Unites States.

NEW DEVELOPMENT

Any construction, land alteration, or addition of impervious surfaces on previously undeveloped sites resulting in a total disturbance of land equal to or greater than 1 acre (or activities that are part of a larger common plan of development disturbing greater than 1 acre) that does not meet the definition of Redevelopment.

NONPOINT SOURCE POLLUTION

Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into water resource areas.

OWNER

A person with a legal or equitable interest in property.

PERSON

Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to Town Bylaws, administrative agency, public or quasi-public corporation or body, the Town of Lunenburg and any other legal entity, its legal representatives, agents, or assigns.

POST-DEVELOPMENT

The conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. Post-development refers to the phase of a new development or redevelopment project after completion, and does not refer to the construction phase of a project.

PRE-DEVELOPMENT

The conditions that exist at the time that plans for the land development of a tract of land are submitted to the Lunenburg Conservation Commission or Planning Board. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission shall establish predevelopment conditions.

RECHARGE

The replenishment of underground water reserves.

REDEVELOPMENT

Development, rehabilitation, expansion, demolition, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Any construction, land alteration, or improvement of impervious surfaces resulting in total disturbance of land equal to or greater than 1 acre (or activities that are part of a larger common plan of redevelopment disturbing greater than 1 acre) that does not meet the definition of New Development.

STORMWATER AUTHORITY

The Town of Lunenburg Planning Board or its authorized agent(s). The Planning Board is responsible for coordinating the review, approval and permit process as defined in this Bylaw.

STORMWATER MANAGEMENT PERMIT (SMP)

A permit issued by the Planning Board after review of an application, plans, calculations, and other supporting documents, which is designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated stormwater runoff.

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, groundwaters, and vernal pools.

WETLAND RESOURCE AREAS

Areas specified in the Massachusetts Wetlands Protection Act Regulations, 310 CMR 10.00, as amended, and in the Town of Lunenburg Article XXI General Wetlands Protection Bylaw, as amended.

The objectives of this bylaw are:

To require practices to control the flow of stormwater from new and redeveloped sites to the Town's storm drainage system in order to prevent flooding and erosion;

To protect groundwater and surface water from degradation;

To promote groundwater recharge;

To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;

To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed;

To comply with state and federal statutes and regulations relating to stormwater discharges;

To establish Lunenburg's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.

Establish regulations of land development activities that preserve the health of water resources.

Require that the amount and quality of stormwater runoff from new development is equal to or better than pre-development conditions in order to reduce flooding, stream erosion, pollution, property damage and harm to aquatic life.

Establish stormwater management standards and design criteria to control the quality and quantity of stormwater runoff.

Encourage the use of low-impact development practices, such as reducing impervious cover and preserving greenspace and other natural areas.

Applicability. No person may undertake a construction activity following the effective date of this Bylaw, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land without a permit from the permit granting authority. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site. Construction activities that are exempt are:

Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation, 310 CMR 10.04;

Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling;

The construction of fencing that will not substantially alter existing terrain or drainage patterns;

Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;

Permits and procedures.

The permit granting authority (PGA) under this bylaw shall be the Lunenburg Planning Board. Such permit shall be granted if the PGA determines, in conjunction with the Conservation Commission, Department of Public Works, Board of Health and Building Commissioner, that the intent of this bylaw, as well as specific criteria, are met. The PGA shall not grant a special permit under this section unless the petitioner's application materials include, in the PGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The PGA shall document the basis for any departures from the recommendations of the other Town boards or departments in its decision.

The site owner or his agent shall file with the PGA 13 copies of a completed application package for a stormwater management permit (SMP). Permit issuance is required prior to any site-altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP application package shall include:

A completed application form with original signatures of all owners;

Thirteen copies of the stormwater management plan and project description as specified in Section F of this Bylaw;

Thirteen copies of the erosion and sediment control plan as required by Section G of this Bylaw;

Thirteen copies of the operation and maintenance plan as required by Section H of this Bylaw.

Payment of the application and review fees.

A Certified List of Abutters within 300 feet of the property boundaries, obtained from the Assessor's Office, along with 2 stamped envelopes for each unique abutter contained in the list. Abutters located in other communities and within 300 feet of the property boundaries must also be included.

(g)

A PDF file or files containing all application materials and plans emailed to the Planning Board Office.

Entry. Filing and application for a permit grants the PGA, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit.

Other boards. The PGA shall give one copy of the application package to the designated technical reviewers, which include the Conservation Commission, Department of Public Works, and Building Commissioner, for the purpose of reviewing the permit application. The PGA may also engage the services of a peer review engineer at its discretion.

Fee structure. The PGA shall obtain with each submission an application fee established by the PGA. To assist the PGA in its review of plans during the Permit approval process, the PGA, at its discretion may hire an engineer or other qualified professional to act as a consultant to the Board. The cost of these consultant services shall be paid by the Applicant and the PGA will not sign any Permit decision until all consulting fees are paid in full. Applicants must pay the following fees before the permitting process may begin:

Application Fee $100/Acre rounded up to the nearest acre (Maximum fee is $1,000).

Application fee for an amendment $100.

Fees for a professional peer review Assessed on a case by case basis.

Actions. The PGA's action, rendered in writing, shall consist of either:

Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in Subsection F(2) and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this bylaw;

Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the SPGA which will ensure that the project meets the standards in Subsection F(2) and adequately protects water resources, as set forth in this bylaw;

Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in Subsection F(2) or adequately protect water resources, as set forth in this bylaw.

Project completion. At completion of the project, the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer.

Contents of stormwater management plan.

Application. The stormwater management plan shall contain sufficient information for the PGA to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the stormwater management standards as set forth in Subsection F(2) below and the current edition of the Department of Environmental Protection guidelines and policies. The plan shall be designed to also meet the policy standards of the PGA. The stormwater management plan shall fully describe the project in drawings, and narrative. It shall include, at a minimum:

Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan;

Locus map;

The existing zoning, and land use at the site;

The proposed land use;

The location(s) of existing and proposed easements;

The location of existing and proposed utilities;

(g)

The site's existing and proposed topography, with contours at one or two-foot intervals and additional spot grades as needed to depict detailed drainage patterns;

(h)

The existing site hydrology (both groundwater recharge and surface runoff);

(i)

A description and delineation of existing stormwater conveyances, impoundments, wetlands drinking water resource areas, sewage disposal systems, swimming beaches, or other critical environmental resource areas, on or adjacent to the site or into which stormwater flows;

(j)

Description of subsurface conditions in areas to be used for stormwater retention, detention, or infiltration;

(k)

A delineation of one-hundred-year floodplains, if applicable;

(l)

Estimated high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration, determined as outlined in 310 CMR 15.103;

(m)

The existing and proposed vegetation and ground surfaces, with runoff coefficient for each;

(n)

A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths;

(o)

A description and drawings of all components of the proposed drainage system, including:

Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization;

[2]

All measures for the detention, retention, or infiltration of water;

[3]

All measures for the protection of water quality;

[4]

The structural details for all components of the proposed drainage systems and stormwater management facilities;

[5]

Notes on drawings specifying materials to be used, construction specifications, and typicals; and

[6]

Analysis of existing and proposed hydrology with supporting calculations;

[7]

Calculations supporting the estimate of stormwater treatment performance; and

[8]

Calculations supporting the design of infiltration practices, including design infiltration rates, estimated dewatering times, and mounding analyses, where applicable.

(p)

Proposed improvements, including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable;

(q)

Timing, schedules, and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization;

(r)

A maintenance schedule for the period of construction;

(s)

Stormwater runoff shall be calculated using latest Northeast Regional Climate Center (NRCC) extreme precipitation amounts for recurrence intervals (storm events) 2-, 10-, 25-, 50- and 100-year frequencies;

(t)

An Erosion and Sediment Control Plan as detailed in Section G;

(u)

An Operation and Maintenance Plan as detailed in Section H; and,

(v)

Any other information requested by the PGA.

Standards. Projects shall meet the standards of the Massachusetts Stormwater Management Policy, which are as follows:

No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the commonwealth;

Low Impact Development (LID) site planning and design strategies must be implemented if practicable in order to reduce the discharge of stormwater from development sites;

Stormwater management system design shall be consistent with the intent and guidance provided by the latest Massachusetts Stormwater Handbook and per industry standard methods. While design should be completed per Massachusetts Stormwater Handbook specifications to the fullest extent feasible, the PGA reserves the right to waive and/or modify minor disparities between the design and the Massachusetts Stormwater Handbook on a project-specific basis.

Stormwater management systems on new development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of Total Suspended Solids (TSS) related to the total post-construction impervious area on the site AND 60% of the average annual load of Total Phosphorus (TP) related to the total post-construction impervious surface area on the site.

Average annual pollutant removal requirements in E.2.(d) are achieved through one of the following methods:

[a]

Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation tool provided by EPA Region 1, where available. If EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or State-approved BMP design guidance or performance standards (e.g., State stormwater handbooks and design guidance manuals) may be used to calculate BMP performance; or

[b]

Retaining the volume of runoff equivalent to, or greater than, 1.0 inch multiplied by the total post-construction impervious surface area on the new development site; or

[c]

Meeting a combination of retention and treatment that achieves the above standards; or

[d]

Utilizing offsite mitigation that meets the above standards within the same USGS HUC12 as the new development site.

Stormwater management systems on redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual postconstruction load of TSS related to the total post-construction impervious area on the site AND 50% of the average annual load of TP related to the total post-construction impervious surface area on the site.

Average annual pollutant removal requirements in E.2.(e) are achieved through one of the following methods:

[a]

[b]

Retaining the volume of runoff equivalent to, or greater than, 0.8 inches multiplied by the total post-construction impervious surface area on the redevelopment site; or

[c]

Meeting a combination of retention and treatment that achieves the above standards; or

[d]

Utilizing offsite mitigation that meets the above standards within the same USGS HUC12 as the redevelopment site.

Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from part Section F.2.(e). Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of Section F.2.(e).

Project changes. The permittee, or its agent, shall notify the PGA in writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the PGA determines that the change or alteration is significant, based on the design standards listed in Subsection F(2) and accepted construction practices, the PGA may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the PGA may require the installation of interim measures before approving the change.

Erosion and sediment control plans. An erosion and sediment control plan is required at the time of application for all projects. The erosion and sediment control plan shall contain sufficient information about the nature and purpose of the proposed development, pertinent conditions of the site and adjacent areas, proposed erosion and sedimentation controls, and proposed control for other wastes on construction sites such as demolition debris, litter, and sanitary wastes to ensure they are not discharged to the MS4, drainage system, or waters of the commonwealth. The applicant shall submit such material as is necessary to show that the proposed development will comply with the design requirements as follows:

Minimize total area of disturbance.

Sequence activities to minimize simultaneous areas of disturbance.

Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control.

Divert uncontaminated water around disturbed areas.

Maximize infiltration and groundwater recharge.

Install, inspect, and maintain all Erosion and Sediment Control measures in accordance with the manufacturer's specifications and good engineering practices.

Prevent off-site transport of sediment and wastes.

Protect all storm drain inlets and armor all newly constructed outlets.

Protect and manage on and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project).

Comply with applicable federal, state and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control.

Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than fourteen (14) days after construction activity has temporarily or permanently ceased on that portion of the site.

(12)

Properly manage on-site construction waste and materials.

(13)

Stabilize construction site entrances and exits and prevent off-site vehicle tracking of sediments.

(14)

Ensure that any stormwater BMP (for post-construction stormwater management) installed during construction will be protected from compaction, siltation, and erosion or will be restored or replaced such that the BMP will be capable of functioning as designed in accordance with these stormwater regulations.

Operation and maintenance plans. An operation and maintenance plan (O&M plan) is required at the time of application for all projects. The maintenance plan shall be designed to ensure compliance with the permit, this bylaw and that the Massachusetts Surface Water Quality Standards, 314 CMR 4.00 are met in all seasons and throughout the life of the system. The operation and maintenance plan shall remain on file with the PGA and shall be an ongoing requirement. The O&M plan shall include:

The name(s) of the owner(s) for all components of the system.

Maintenance agreements that specify:

The names and addresses of the person(s) responsible for operation and maintenance.

The person(s) responsible for financing maintenance and emergency repairs.

Maintenance schedule for all drainage structures, including swales and ponds.

List of easements, with the purpose and location of each.

The signature(s) of the owner(s).

Stormwater management easement(s).

Stormwater management easements shall be provided by the property owner(s) as necessary for:

Access for facility inspections and maintenance.

[2]

Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the one-hundred-year storm event.

[3]

Direct maintenance access by heavy equipment to structures requiring regular cleanout.

The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the PGA.

Easements shall be recorded with the Worcester County Registry of Deeds prior to issuance of a certificate of completion by the PGA.

Changes to operation and maintenance plans.

The owner(s) of the stormwater management system must notify the PGA of changes in ownership or assignment of financial responsibility.

The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this bylaw by mutual agreement of the PGA and the responsible parties. Amendments must be in writing and signed by all responsible parties. Responsible parties shall include the owner(s), persons with financial responsibility, and persons with operational responsibility.

Stormwater infrastructure shall be privately owned, inspected and maintained per the operation and maintenance plan approved for the project. Inspection and maintenance logs shall be provided to the Planning Board on a yearly basis by final day in June for the Town to use in preparation of its annual report to the EPA as part of the NPDES permit requirements.

The O&M Plan shall include procedures for using dedicated funds, establishing an escrow account, and/or developing a maintenance contract, if determined appropriate to ensure adequate long-term maintenance.

Stormwater Management operation and maintenance duties shall be recorded with the deed for each lot in a subdivision. The applicant may elect to setup a home owner's association (HOA) or other means to ensure all BMPs are inspected and maintained as required.

Long-term operators responsible for O&M Plan implementation shall submit an annual report to the Planning Board documenting all inspection and maintenance completed on the stormwater system.

Surety. The PGA may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, cash, or other acceptable security. The form of the bond shall be approved by Town Counsel, and be in an amount deemed sufficient by the PGA to ensure that the work will be completed in accordance with the permit. If the project is phased, the PGA may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the PGA has received the final inspection report as required by Section J and issued a certificate of completion.

Inspections.

At the discretion of the PGA, periodic inspections of the stormwater management system construction may be conducted by the Town via the Planning Board, Conservation Commission, DPW or a professional engineer approved by the PGA. Written reports shall include:

Inspection date and location.

Evaluation of compliance with the stormwater permit.

Any variations from approved specifications or any violations of the stormwater management plan.

At a minimum, the PGA or its designee may inspect the project site at the following stages:

Initial site inspection: prior to approval of any plan.

Erosion control inspection: to ensure erosion control practices are in accord with the filed plan.

Bury inspection: prior to backfilling of any underground drainage stormwater conveyance structures.

Final inspection. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. The PGA or its agent may inspect the system to confirm its "as-built" features. This inspector may also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he shall so report to the PGA, which will issue a certificate of completion. As-built plans shall be full-size plans that include all final grades, prepared by a professional engineer. All changes to project design should be clearly depicted on the as-built plans.

If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the stormwater management plan, it shall be corrected by the permittee before the performance guarantee is released. If the permittee fails to act, the Town of Lunenburg may use the surety bond to complete the work. If the system does not comply with the plan, the permittee shall be notified in writing of the violation and the required corrective actions. A stop-work order shall be issued until any violations are corrected and all work previously completed has received approval by the PGA.

Waivers.

The PGA may waive strict compliance with any requirement of this bylaw or the rules and regulations promulgated hereunder, where such action:

Is allowed by federal, state and local statutes and/or regulations;

Is in the public interest; and

Is not inconsistent with the purpose and intent of this bylaw.

Any applicant may 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 bylaws does not further the purposes or objectives of this bylaw.

All waiver requests shall be discussed and voted on at the public hearing for the project.

If, in the PGA's opinion, additional time or information is required for review of a waiver request, the PGA may continue the hearing to a date certain 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.

Certificate of completion. The PGA will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw.

Building Permits. The Building Commissioner shall not issue a Building Permit without first confirming that and Stormwater Permit has been obtained or is otherwise not required for the project.

Enforcement.

Enforcement agents. The Building Commissioner, in conjunction with the Planning Board, Conservation Commission and DPW Director, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Civil relief. If a person violates the provisions of this bylaw, regulations, a permit, notice, or order issued thereunder, the Planning Board, through the Building Commissioner, 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.

Orders.

The Planning Board, in conjunction with the Conservation Commission and DPW Director, may issue a written order to the Building Commissioner to enforce the provisions of this bylaw or the regulations thereunder, which may include:

Elimination of illicit connections or discharges to the MS4;

Performance of monitoring, analyses, and reporting;

That unlawful discharges, practices, or operations shall cease and desist;

Remediation of contamination in connection therewith.

If the Building Commissioner, in conjunction with the Planning Board, Conservation Commission and DPW Director, 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 may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

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 cost incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Planning Board within 30 days of receipt of the notification of the cost incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Planning 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.

Noncriminal disposition; right of entry.

As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Building Commissioner, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article 1, of the General Bylaws of the Town, in which case the Planning Board, its authorized agents and the Building Commissioner of the Town shall be the enforcing person. The penalty for the first violation shall be $25. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100 and $200 for the fourth and each subsequent violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

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 Planning Board, its agents, 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 examination surveys or sampling as the Planning Board deems reasonably necessary.

Appeals. The decisions or orders of the Planning Board, in conjunction with the Conservation Commission and DPW, shall be final. Further relief shall be to a court of competent jurisdiction.

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.

Severability. The invalidity of any section, provision, paragraph, sentence, or clause of these regulations shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.

§ 204-2 Discharges to municipal storm sewer system and waters of commonwealth; NPDES Phase II permits.

Purpose.

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; flooding.

Regulation of illicit connections and discharges to the municipal storm sewer system is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

The objectives of this bylaw are:

To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4);

To prohibit illicit connections and unauthorized discharges to the MS4;

To require the removal of all such illicit connections;

To comply with state and federal statutes and regulations relating to stormwater discharges; and

AUTHORIZED ENFORCEMENT AGENCY

To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.

Definitions. For the purposes of this bylaw, the following shall mean:

The Planning Board (hereafter the "Board"), its employees or agents designated to administer/enforce this bylaw.

BEST MANAGEMENT PRACTICE (BMP)

An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

DISCHARGE OF POLLUTANTS

The addition from any source of any pollutant or combination of pollutants into the municipal storm sewer system or into the waters of the United States or commonwealth from any source.

GROUNDWATER

Water beneath the surface of the ground.

ILLICIT CONNECTION

A surface or subsurface sewer or conveyance, which allows an illicit discharge into the municipal storm sewer system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this bylaw.

ILLICIT DISCHARGE

Direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in Subsection H. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to Subsection H of this bylaw.

IMPERVIOUS SURFACE

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.

MUNICIPAL SEPARATE STORM DRAIN SYSTEM (MS4) or MUNICIPAL STORM SEWER SYSTEM

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT

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.

NON-STORMWATER DISCHARGE

Discharge to the municipal storm sewer system not composed entirely of stormwater.

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

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 may include but are not limited to:

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, 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;

SURFACE WATER DISCHARGE PERMIT

Noxious or offensive matter of any kind.

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.

STORMWATER

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.

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, byproduct 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, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, and groundwater.

Applicability. This bylaw shall apply to flows entering the municipally owned storm sewerage system and waters of the commonwealth.

Authority. This bylaw is adopted pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental Protection Agency found in the December 8, 1999 Federal Register.

Responsibility for administration. The Planning Board, in conjunction with the Conservation Commission, Department of Public Works Director and Building Commissioner, shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the above may be delegated in writing by the above to employees or agents of the above.

Regulations. The Planning Board may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.

Prohibited activities.

Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the commonwealth.

Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm sewer system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

Obstruction of municipal storm sewer system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm sewer system without prior written approval from the Planning Board.

Exemptions:

Discharge or flow resulting from fire-fighting activities.

The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm sewer system:

Water line flushing;

Flow from potable water sources;

Springs;

Natural flow from riparian habitats and wetlands;

Diverted stream flow;

Rising groundwater;

(g)

Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;

(h)

Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation;

(i)

Discharge from landscape irrigation or lawn watering;

(j)

Water from individual residential car washing;

(k)

Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;

(l)

Discharge from street sweeping;

(m)

Dye testing, provided verbal notification is given to the Planning Board prior to the time of the test;

(n)

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 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;

(o)

Discharge for which advanced written approval is received from the Planning Board as necessary to protect public health, safety, welfare or the environment.

Discharge or flow that results from exigent conditions and occurs during a state of emergency declared by any agency of the federal or state government, or by the Town of Lunenburg Town Manager, the Planning Board or the Board of Health.

Emergency suspension of storm sewerage system access. The Planning Board may suspend municipal storm sewer 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 authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

Notification of spills. 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 municipal fire and police departments and the Planning Board and the Lunenburg Board of Health. In the event of a release of nonhazardous material, the reporting person shall notify the Planning Board no later than the next business day. The reporting person shall provide to the Planning 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.

Enforcement.

The Building Commissioner, in conjunction with the Planning Board, Conservation Commission and DPW Director, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

Civil relief. If a person violates the provisions of this bylaw, regulations, permit, notice, or order issued thereunder, the Planning Board, through the Building Commissioner, 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.

Orders.

Elimination of illicit connections or discharges to the MS4;

[2]

Performance of monitoring, analyses, and reporting;

[3]

That unlawful discharges, practices, or operations shall cease and desist; and

[4]

Remediation of contamination in connection therewith.

If the Building Commissioner, in conjunction with Planning Board, Conservation Commission and DPW Director, 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 may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

Costs. 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 Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Planning Board within 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 30 days following a decision of the Planning 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.

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Building Commissioner, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, in which case the Building Commissioner of the Town shall be the enforcing person. The penalty for the first violation shall be $25. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100. The penalty for the fourth violation and subsequent violations shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

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 Planning Board, its agents, 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 Planning Board deems reasonably necessary.

Appeals. The decisions or orders of the Planning Board, Conservation Commission and DPW shall be final. Further relief shall be to a court of competent jurisdiction.