A.
The purpose is to protect water quality in the Town of Bedford while
providing for the health, safety and general welfare of the citizens
of the Town. The intent is to protect the local natural resources
of the Town by establishing and enforcing the minimum preconstruction,
post-construction and reconstruction stormwater management and design
control standards in a stormwater management program. The intent will
also prohibit illicit discharges that often contain pathogens, nutrients,
surfactants and various toxic pollutants by setting up and enforcing
an illicit discharge and detection elimination program.
B.
This will enable the Town of Bedford to comply with the requirements
of the Town's municipal separate storm sewer system (MS4) general
permit issued by the USEPA under the National Pollutant Discharge
Elimination System (NPDES) program and applicable regulations, including
40 CFR § 122.26 for stormwater discharges.
C.
This will allow the Town of Bedford to exercise the powers granted
by the State of New Hampshire through RSA 149-I and other applicable
statutes to:
(1)
Exercise general regulation over the planning, location, construction,
and operation and maintenance of stormwater facilities in the municipality,
whether or not owned and operated by the municipality;
(2)
Adopt any rules and regulations deemed necessary to accomplish the
purposes of this statute, including the adoption of a system of fees
for services and permits;
(3)
Establish standards to regulate the quantity of stormwater discharged
and to regulate stormwater contaminants as may be necessary to protect
water quality;
(4)
Review and approve plans for stormwater management in proposed subdivisions
or commercial developments or redevelopment;
(5)
Issue permits or approvals for stormwater discharges or for the construction,
alteration, extension, or repair of stormwater facilities;
(6)
Suspend or revoke permits when it is determined that the permittee
has violated any applicable ordinance or condition of the permit;
(7)
Regulate and prohibit discharges into stormwater facilities of sanitary,
industrial, or commercial sewage or waters that have otherwise been
contaminated; and
(8)
Expend funds to remediate or mitigate the detrimental effects of
contaminated land or other sources of stormwater contamination, whether
public or private.
The following terms shall have the meanings indicated:
A discharge prohibited by these regulations, which occurs
by chance, and without planning or thought prior to occurrence.
An activity, procedure, restraint, or an accepted and proven
structural, nonstructural or vegetative measure, which reduces the
quantity or improves the quality of stormwater runoff.
A natural or artificial watercourse with a definite bed and
banks that conducts flowing water continuously or periodically.
Activities subject to the EPA Phase II Stormwater Program
and the NPDES general construction permits. These include construction
projects resulting in land disturbance. Such activities include, but
are not limited to, clearing, grubbing, grading, excavating, and demolition.
Any physical, chemical, biological, or radiological substance
or matter in water or on land.
To dispose, deposit, spill, pour, inject, seep, dump, leak,
or place by any means, or that which is disposed, deposited, spilled,
poured, injected, seeped, dumped, leaked, or placed by any means,
including any direct or indirect entry of any solid or liquid matter
into the municipal separate storm sewer system (MS4).
Any construction, reconstruction, land altering or grading
activities, other than for agricultural practices.
The federal agency responsible for implementing the Federal
Water Pollution Control Act, (3 U.S.C. § 1251 et seq.),
also known as the "Clean Water Act."
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 or movement of soil.
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
An illicit, unauthorized or illegal connection that drains
into or is connected to the municipal separate storm sewer system
(MS4) shall mean either of the following:
Any pipe, drain, open channel or other conveyance that has the
potential to allow an illicit discharge to enter the MS4 system, including,
but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the storm drain system. This includes any connections to the
storm drain system from indoor drains and sinks regardless of whether
said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency.
Any pipe, drain, open channel or conveyance connected from a
residential, commercial or industrial land use, to the storm drain
system that has not been documented in plans, maps, or equivalent
records and approved by an authorized federal, state or local enforcement
agency.
Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system (MS4), excepting discharges pursuant to
a specific NPDES permit and discharges resulting from firefighting
activities.
The act of conveying the surface water into the ground, to
permit the groundwater to be recharged resulting in the reduction
of stormwater runoff from a project site.
Any activity on a property that results in a change in the
existing soil cover (vegetative and nonvegetative) and/or the existing
soil topography. Land-disturbing activities include, but are not limited
to, development, redevelopment, demolition, construction, reconstruction,
clearing, grading, filling and excavation.
Any activity that is necessary to keep a stormwater facility
in good working order to function as designed. Maintenance shall include
complete reconstruction of a stormwater facility if reconstruction
is needed in order to restore the facility to its original operational
design parameters. Maintenance shall also include the correction of
any problem on the site property that may directly impair the functions
of the stormwater facility.
Publicly owned and operated facilities by which stormwater
is collected, including, but not limited to, roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains, piped storm drains, pumping facilities,
retention or detention basins, reservoirs or other drainage structures
that discharge to the waters of the State of New Hampshire or the
United States.
A permit issued pursuant to 33 USC § 1342(b) that
authorizes the discharge of pollutants to the waters of the United
States, whether the permit is applicable to an individual, group,
or general area-wide basis.
Reference guide prepared by the New Hampshire Department
of Environmental Services to manage stormwater, which, unless expressly
exempted by the Town, shall include any and all amendments and updates
adopted subsequent to the enactment of these standards.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up the future responsible parties along with
the functional, financial and organizational mechanisms for the ongoing
operation and maintenance of a stormwater management system to insure
that it continues to function as designed.
The point at which stormwater flows out from a point-source-discernible,
confined and discrete conveyance into waters of New Hampshire or of
the United States.
A person with a legal or equitable interest in the property.
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 State
of New Hampshire or the United States.
The contamination or other alteration of any water's physical,
chemical or biological properties by the addition of any constituent
and includes, but is not limited to, a change in temperature, taste,
color, turbidity, or odor of such waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into such
waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety, welfare,
or environment, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other aquatic life.
All activity in preparation for construction.
Disturbed area plus any area with associated off-site improvements.
The amount of water from precipitation that infiltrates into
the ground and is not evaporated or transpired.
Entity responsible for submitting a SWMP such as the owner,
developer, applicant or owner's legally designated representative.
Mineral or organic matter transported or deposited by water
or air.
The regulations required by the Town, which manage stormwater
runoff through a parcel of land by using pollutant source controls,
structural BMPs and construction phase practices.
A plan, required by the Town, from a person or business to
identify sources of pollution or contamination at a site and to eliminate
or reduce pollutant discharges of the stormwater runoff through site
design, pollutant source controls, structural BMPs and construction
phase practices.
Any water coming from rainfall, snowmelt or irrigation systems,
etc., that is not absorbed, evaporated or otherwise stored within
the contributing drainage area.
Defines the water quality goals of a water body by designating
the use or uses to be made of the water and by setting criteria necessary
to protect the uses. New Hampshire and the EPA have adopted WQS through
the "303(d)" list to protect public health and welfare, enhancing
the quality of water and serve the purposes of the Clean Water Act
(CWA).
A.
The Town of Bedford may adopt, and periodically amend, regulations,
rules and/or written guidance relating to the terms, conditions, definitions,
enforcement, fees, procedures and administration of this Stormwater
and IDDE Chapter by majority vote of the Town Council after conducting
a public hearing to receive comments. Such hearing shall be advertised
in a newspaper of general local circulation at least 14 days prior
to the hearing date. Failure of the Town of Bedford to issue such
rules or regulations or a legal declaration of their invalidity by
a court shall not act to suspend or invalidate the effect of this
chapter.
B.
Such regulations, rules and/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 Town of
Bedford without the requirement of a public hearing as detailed in
this bylaw. Administrative review approval shall comply with all other
provisions of this chapter.
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.
A.
Notification of spills or other nonstormwater discharges.
(1)
As soon as any person responsible for a facility, site activity or
operation has information of any known or suspected release of pollutants
or nonstormwater discharges which are resulting or may result in illicit
discharges or pollutants discharging into the Town of Bedford municipal
storm system, state waters or waters of the United States, said person
shall take all necessary steps to ensure the discovery, containment
and cleanup of such release so as to minimize the effects of the discharge.
(2)
If the substance poses an immediate health or safety concern, the
Town of Bedford and the State of New Hampshire Emergency Services
shall be immediately notified.
(3)
If the substance does not pose an immediate health or safety concern,
then the Town of Bedford Health Department should be notified as soon
as possible, however, no later than 24 hours post-event.
Residential property owners shall have 60 days from the effective
date of this bylaw to comply with its provisions, provided good cause
is shown for the failure to comply with this chapter during that period.
