A.
The purpose of this bylaw is to protect public health, safety, general
welfare, and the environment by regulating illicit connections and
discharges to the storm drain system or, directly or indirectly, to
a watercourse or into the waters of the Commonwealth. Its purpose
is also to control the adverse effects of construction site stormwater
runoff and post-construction runoff. Stormwater runoff can be a major
cause of:
(1)
Impairment of water quality and flow in lakes, ponds, streams, rivers,
coastal waters, wetlands, groundwater and drinking water supplies;
(2)
Contamination of drinking water supplies;
(3)
Contamination of downstream coastal areas;
(4)
Alteration or destruction of aquatic and wildlife habitat;
(5)
Overloading or clogging of municipal stormwater management systems;
and
(6)
Flooding.
B.
The objectives of this bylaw are to:
(1)
Protect water resources;
(2)
Comply with state and federal statutes and regulations relating to
stormwater discharges including total maximum daily load requirements;
(3)
Prevent and reduce pollutants from entering Ipswich's municipal
separate storm sewer system (MS4);
(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
best management practices to ensure that they continue to function
as designed, are regularly maintained, and pose no threat to public
safety; and
(7)
Recognize the Town of Ipswich's legal authority to ensure compliance
with the provisions of this bylaw through inspection, monitoring,
and enforcement.
Unless a different definition is indicated in other sections
of this bylaw, the following definitions and provisions shall apply
throughout this bylaw. Additional definitions may be found within
the Stormwater regulations:
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
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 Stormwater Management Permit.
Drawings that completely record and document applicable aspects
and features of conditions of a project following construction using
Stormwater Management Plans derived from a Stormwater Management Permit.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
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.
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.
A document containing 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, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbing activities.
Changing the level or shape of the ground surface.
Water beneath the surface of the ground.
The act of clearing land surface by digging up roots and
stumps.
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.
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, 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 or into a watercourse or the waters of the Commonwealth that is not composed entirely of stormwater, except as exempted in Article II, § 193-10. The term does not include a discharge in compliance with a NPDES stormwater discharge permit or resulting from fire-fighting activities exempted pursuant to Article II, § 193-10D(1) 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.
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material; results in
an increased amount of runoff or pollutants; measurably changes the
ability of a ground surface to absorb waters; involves clearing and
grading; or results in an alteration of drainage characteristics.
The maximum concentration or mass of a pollutant which can
be discharged to a waterway by non-point sources without causing a
violation of surface water quality standards as established in an
applicable TMDL.
An individual tract of land as shown on the current Assessor's
Map for which an individual tax assessment is made. For the purposes
of these regulations, a lot also refers to an area of a leasehold
on a larger parcel of land, as defined in the lease agreement and
shown by approximation on the Assessor's Map.
Innovative stormwater management systems that are modeled
after natural hydrologic features. Low impact development techniques
manage rainfall at the source using uniformly distributed decentralized
micro-scale controls. Low impact development techniques use small
cost-effective landscape features located at the lot level.
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 Ipswich.
A permit issued by United States Environmental Protection
Agency or jointly with the Commonwealth of Massachusetts that authorizes
the discharge of pollutants to waters of the United States.
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 man-made pollutants finally
depositing them into a water resource area.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
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.
A person with a legal or equitable interest in property.
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 discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
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, watercourse, or Waters
of the Commonwealth. Pollutants 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, ordnance, 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.
Practicable shall be defined as available and capable of
being done after taking into consideration costs, existing technology,
proposed use, and logistics in light of overall project purposes.
Available and capable of being done means the alternative is obtainable
and feasible. Project purposes shall be defined generally (e.g., single
family home, residential subdivision, expansion of a commercial development).
All activity in preparation for construction.
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.
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites. The
creation of new areas of impervious surface or new areas of land disturbance
on a site constitutes development, not redevelopment, even where such
activities are part of a common plan which also involves redevelopment.
Redevelopment includes maintenance and improvement of existing roadways
including widening less than a single lane, adding shoulders, correcting
substandard intersections, improving existing drainage systems, and
repaving; and remedial projects specifically designed to provide improved
stormwater management such as projects to separate storm drains and
sanitary sewers and stormwater retrofit projects. This definition
shall not include roadway or parking lot maintenance projects that
do not increase the area of impervious surface.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of Sediment.
Any lot or parcel of land or area of property where Land-Disturbing
Activities are, were, or will be performed.
Any earth, sand, rock, gravel, or similar material.
Runoff from precipitation or snow melt and surface water
runoff and drainage.
The Ipswich Conservation Commission or its authorized agent(s).
A plan required as part of the application for a Stormwater
Management Permit.
The greatest amount of a pollutant that a water body can
accept and still meet water quality standards for protecting public
health and maintaining the designated beneficial uses of those waters
for drinking, swimming, recreation, and fishing. A TMDL is also a
plan, adopted under the Clean Water Act, specifying how much of a
specific pollutant can come from various sources, including stormwater
discharges, and identifies strategies for reducing the pollutant discharges
from these sources so as not to violate Massachusetts surface water
quality standards. (314 CMR 4.00 et seq.)
Undissolved organic or inorganic particles in water.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
The maximum concentration or mass of a pollutant which can
be discharged to a waterway from point sources without causing a violation
of surface water quality standards as established in an applicable
TMDL.
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, groundwater, and Waters of the
United States as defined under the Federal Clean Water Act as hereafter
amended.
Tidal and non-tidal 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 bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Massachusetts home
rule statutes, and the regulations of the Federal Clean Water Act,
40 CFR 122.34.
A.
The Stormwater Authority shall administer, implement and enforce
this bylaw. 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.
A.
The Stormwater Authority, or its authorized agent, may waive strict
compliance with any requirement of this bylaw or the rules and regulations
promulgated hereunder, where such action is:
B.
Any person seeking a waiver must submit a written waiver request.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of the bylaw does not further the purposes or objectives of this bylaw.
C.
All waiver requests shall require a public hearing.
D.
If in the opinion of the Stormwater Authority or its authorized agent,
additional time or information is required for review of a waiver
request, the Stormwater Authority may continue a 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.
A.
The Stormwater Authority shall adopt within one year, and may periodically
amend, regulations, rules and/or written guidance relating to the
terms, conditions, definitions, enforcement, fees, procedures and
administration of this Stormwater Management bylaw by majority vote
after conducting a public hearing to receive comments. Such hearing
shall be advertised in a newspaper of general local circulation, at
least 14 calendar days prior to the hearing date. Failure of the Stormwater
Authority 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 bylaw.
B.
Stormwater Management regulations, rules or guidance shall identify
thresholds and requirements for Stormwater Management Permits required
by this bylaw and consistent with or more stringent than the most
recent Small Municipal Separate Sewer System General Permit (MS4).
C.
Stormwater Management regulations may identify one or more categories of projects (e.g., Major versus Minor) that, because of their size, scope and common features or characteristics, may be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members pursuant to Article III of this bylaw.
For such projects, the Stormwater Authority will identify minimum
stormwater management standards pursuant to this bylaw, compliance
with which is required before the project is approved.
The Stormwater Authority or its authorized agent shall enforce
this bylaw, and any associated regulations, orders, violation notices,
and enforcement orders and may pursue all civil and criminal remedies
for such violations.
A.
Criminal and civil relief.
(1)
Any person who violates the provisions of this bylaw, or any associated
regulations, permit, notice, or order issued thereunder, may be subject
to criminal penalties and prosecution in a court of competent jurisdiction
and shall result in a criminal fine of not more than $200. Each day
or part thereof that such violation occurs or continues shall constitute
a separate offense.
(2)
The Stormwater Authority 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.
B.
Orders.
(1)
The Stormwater Authority or its authorized agent may issue a written
order to enforce the provisions of this bylaw or any regulations thereunder,
which may include:
(a)
Elimination of illicit connections or discharges to the MS4;
(b)
Elimination of discharges to the MS4 or, directly or indirectly,
into a watercourse or into the Waters of the Commonwealth.
(c)
Performance of monitoring, analyses, and reporting;
(d)
Cessation of unlawful discharges, practices, or operations;
(e)
Implementation of measures to minimize the discharge of pollutants
until such time as the illicit connection or discharge shall be eliminated;
and
(f)
Remediation of contamination in connection therewith.
(2)
If the Stormwater Authority determines that a person's failure
to follow the requirements of a Stormwater Management Permit and the
related Erosion and Sedimentation Control Plan, or Operations and
Maintenance Plan or any other authorization issued pursuant to this
bylaw or regulations issued hereunder, then the Authority may issue
a written order to the person to remediate the non-compliance and/or
any adverse impact caused by it, which may include:
(a)
A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw and provisions of the Stormwater
Management Permit or other authorization;
(b)
Maintenance, installation or performance of additional erosion
and sediment control measures;
(c)
Monitoring, analyses, and reporting.
(d)
Remediation of erosion and sedimentation resulting directly
or indirectly from the land-disturbing activity; and/or
(e)
A requirement to eliminate discharges, directly or indirectly,
into a watercourse or into the waters of the Commonwealth.
(3)
If the Stormwater Authority or its authorized agent 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 provide that, should the violator
or property owner fail to abate or perform remediation within the
specified deadline, the Town of Ipswich may, at its option, undertake
such work, and expenses thereof shall be charged to the violator.
(4)
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 of Ipswich,
including administrative costs. The violator or property owner may
file a written protest objecting to the amount or basis of costs with
the Stormwater Authority 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 Stormwater Authority 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.
C.
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town of Ipswich may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and Ch. 325 of the General Bylaws of the Town of Ipswich, in which case the agent of the Stormwater Authority shall be the enforcing person. The penalty for the first violation shall $50. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
D.
Entry to perform duties under this bylaw. To the extent permitted
by local, state or federal law, or if authorized by the owner or other
party in control of the property, the Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
E.
Appeals. The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be appealed to a court of competent
jurisdiction.
F.
Remedies not exclusive. The remedies listed in this section 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.
