The purpose of these rules and regulations is to establish stormwater
management rules and regulations for the Town of Falmouth.
The Falmouth Select Board, under the authority of the Falmouth Home Rule Charter § C3-7, Subsection H, of the Code of the Town of Falmouth, and after holding a duly called public hearing on August 9, 2021, August 30, 2021, and September 27, 2021, adopts these Stormwater Management Rules and Regulations.
For the purposes of these rules and regulations, the following
shall mean:
The owner(s) of land abutting the site on which the activity
occurs.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40, and its implementing regulations.
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.
Town of Falmouth Assessor's office and/or Director of
Assessing.
An activity, procedure, restraint, or structural improvement
that helps reduce the quantity or improve the quality of stormwater
runoff.
Document issued by the Department of Public Works upon receipt
of a final inspection report and acknowledgement that all conditions
of the stormwater management permit have been satisfactorily completed.
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.
Temporary bodies of freshwater that provide critical habitat
for a number of vertebrate and invertebrate wildlife species, certified
by the Massachusetts Natural Heritage and Endangered Species Program
(NHESP).
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
Any activity that removes vegetative surface cover.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
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 of Massachusetts from any source.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
A written order issued by the Department of Public Works
or reviewing agent to enforce the provisions of these rules and regulations.
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 registered professional engineer (P.E.) or CPESC, which includes
BMPs or equivalent measures designed to control surface runoff, erosion,
and sedimentation during preconstruction and construction-related
land disturbance activities.
Habitats delineated by the NHESP for state-protected rare
wildlife and certified vernal pools for use with the Wetlands Protection
Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (304 CMR 11.00).
Changing the level or shape of the ground surface.
Water beneath the surface of the ground, including confined
or unconfined aquifers.
The act of clearing land surface by digging up roots and
stumps.
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 these rules and regulations.
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in § 277-13 of Article II of these rules and regulations. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to § 277-13 of Article II of these rules and regulations.
Any material or structure on or above the ground that prevents
or delays water from infiltrating the underlying soil, or causes water
to runoff in greater quantities or at an increased rate of flow. Impervious
surfaces include, but are not limited to, roads, driveways, parking
lots, sidewalks, rooftops, patios, storage areas, concrete or asphalt
paving, and gravel/dense-graded crushed stone areas.
An approach to land development design and stormwater management
that attempts to mimic the natural hydrology of the site by avoiding,
reducing, and mitigating impacts with natural, nonstructural and structural
measures.
MGL c. 131A and its implementing regulations at 321 CMR 10.00.
This Act prohibits the taking of any rare plant or animal species
listed as "endangered," "threatened," or of "special concern."
The Stormwater Management Standards promulgated by the Massachusetts
Department of Environmental Protection (DEP) under the authority of
the Massachusetts Wetlands Protection Act MGL c. 131, § 40
and Massachusetts Clean Waters Act MGL c. 21, §§ 23
through 56, and further described in the Wetlands Protection Act Regulations
(310 CMR 10.00) and the 401 Water Quality Certification Regulations
(314 CMR 9.00). The Stormwater Management Standards address stormwater
impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and to control the
quantity of runoff from a site.
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 Falmouth.
A permit issued by the United States Environmental Protection
Agency (EPA) or jointly with the Commonwealth of Massachusetts that
authorizes the discharge of stormwater to waters of the United States.
The Commonwealth of Massachusetts' program for implementing
MESA requirements.
Any construction, land alteration, or addition of impervious
surfaces on previously undeveloped sites resulting in total disturbance
of land equal to or greater than one (1) acre [or activities that
are part of a larger common plan of development disturbing greater
than one (1) acre] that does not meet the definition of "redevelopment."
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.
The point where stormwater flows out from a point source
which is a discernible, confined and discrete conveyance into waters
of the Commonwealth of Massachusetts.
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 of Massachusetts 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 stormwater is 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 or waters of the Commonwealth
of Massachusetts. Pollutants shall include, but are not limited to:
Chemicals, 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, ordinances, 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, and soils;
Concrete truck washout;
Sanitary wastes;
Construction wastes, demolition debris, and discarded building
materials; and/or
Noxious or offensive matter of any kind.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the MESA and its regulations.
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.
A registered professional engineer within the Commonwealth
of Massachusetts in good standing.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through soil.
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 one (1) acre [or activities that
are part of a larger common plan of redevelopment disturbing greater
than one (1) acre] that does not meet the definition of "new development."
The Department of Public Works or person designated by the
Department of Public Works as responsible for enforcing these rules
and regulations.
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, parcel of land, or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or minimize erosion.
Stormwater, snowmelt, and surface water runoff and drainage.
The written approval granted by the Department of Public
Works to undertake a construction activity pursuant to a stormwater
management permit application.
A plan required as part of the application for a stormwater
management permit.
Any activity that removes the vegetative ground surface cover,
including tree removal, clearing, grubbing, and storage or removal
of topsoil.
A permit issued by the Department of Environmental Protection
pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Sediment being carried in stormwater.
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 or organic chemical, petroleum product,
heavy metal, radioactive, biological, or infectious waste, acid and
alkali, and any substance defined as "toxic" or "hazardous" under
MGL c. 21C and 21E, and the regulations at 310 CMR 30.000 and 310
CMR 40.0000.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
A natural or man-man 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 of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
groundwaters, and vernal pools.
Areas specified in the Massachusetts Wetlands Protection
Act Regulations, 310 CMR 10.00, as amended, and in the Town of Falmouth
Wetland Bylaw, as amended.[1]
A.
The Select Board authorizes the Department of Public Works to administer,
implement and enforce these rules and regulations. Any powers granted
to or duties may be delegated in writing by the Department of Public
Works to employees or agents of the Planning Board, Board of Health,
Conservation Commission, and/or other Town Department, hereby known
as the "reviewing agent."
B.
The decisions or orders of the Department of Public Works or reviewing
agent shall be final; provided, however, that the applicant may apply
for administrative review in the following manner. An applicant who
alleges that a decision or order is not authorized by these regulations,
is based on an error of law, is unwarranted by facts in the record
or is not supported by substantial evidence, may, within twenty (20)
days of the decision or order, file a written request for review with
the Select Board stating the grounds of the administrative review.
The Select Board shall acknowledge receipt of the request and appoint
a hearing officer to conduct the review. The hearing officer is authorized
to hear testimony, review written and documentary evidence, conduct
site visits and take other appropriate action to prepare and submit
a written recommendation to the Select Board. Thereafter, at a public
meeting of the Board, the Select Board shall consider the matter and
the hearing officer's recommendation and affirm, vacate, amend
or modify the decision or order as it deems appropriate. The applicant
may thereafter seek any appeal authorized by law.
C.
The Department of Public Works shall not have jurisdiction over stormwater
issues within areas where the Conservation Commission has jurisdiction
under the Wetlands Protection Act and/or any local regulations.
The Select Board may adopt, and periodically amend, these Stormwater
Management Rules and Regulations by majority vote of the Select Board,
after conducting a minimum of one (1) advertised public hearing to
receive comments on any proposed revisions. The hearings shall be
duly advertised in a paper of general circulation in the Town of Falmouth
no less than fourteen (14) days prior to the date of the public hearing.
A.
The Department of Public Works or reviewing agent may issue a written
order to enforce the provisions of these rules and regulations, which
may include:
(1)
Cease and desist from unlawful discharges, practices, operations,
construction or land disturbing activity until there is compliance
with these rules and regulations;
(2)
Elimination of illicit connections or discharges to the municipal
storm drain system;
(3)
Repair, maintain, or replace the stormwater management system or
portions thereof in accordance with the operation and maintenance
plan;
(4)
Maintain, install, or perform additional erosion and sediment control
measures;
(5)
Perform monitoring, analyses, and reporting;
(6)
Remediate adverse impact resulting directly or indirectly from malfunction
of the stormwater management system or erosion and sediment control
system; and/or
(7)
Remediate contamination in connection therewith.
B.
The Department of Public Works may suspend municipal storm drain
system access to any person or property without prior written notice
when such suspension is necessary to stop an actual or threatened
discharge of pollutants that presents imminent risk of harm to the
public health, safety, welfare or the environment. In the event any
person fails to comply with an emergency suspension order, the Department
of Public Works may take all reasonable steps to prevent or minimize
harm to the public health, safety, welfare or the environment.
A.
The Select Board, or an authorized agent of the Select Board, shall
enforce these rules and regulations, orders, violation notices, and
enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
If the Select Board determines that abatement or remediation of adverse
impacts is required, the enforcement order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
Town of Falmouth may, at its option, undertake such work, and all
costs incurred by the Town shall be charged to the violator, to be
recouped through all available means, including the placement of liens
on the property.
C.
Within thirty (30) days after completing all measures necessary to
abate the violation, the violator and the property owner shall be
notified of the costs incurred by the Town of Falmouth, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Select
Board within thirty (30) days of receipt of the notification of the
costs incurred. If the amount due is not received by the expiration
of the time in which to file a protest or within thirty (30) days
following a decision of the Select 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 thirty-first day at which the costs first become due.
D.
Civil relief. If a person violates the provisions of these rules
and regulations, permit, notices, or order issued thereunder, the
Select Board may seek injunctive relief in a court of competent jurisdiction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
E.
Criminal penalty. Any person who violates any provision of these
rules and regulations, order, or permit issued thereunder, shall be
punished by a fine of not more than three hundred dollars ($300).
Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
F.
Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case the
Select Board or reviewing agent shall be the authorized enforcing
agent. The penalty for the first violation shall be one hundred dollars
($100). The penalty for the second violation shall be two hundred
dollars ($200). The penalty for the third and subsequent violations
shall be three hundred dollars ($300). Each day or part thereof that
such violation occurs or continues shall constitute a separate offense.
To the extent permitted by Massachusetts law, or if authorized
by the owner or other party in control of the property, the Town of
Falmouth, its agents, officers, and employees may enter upon privately
owned property for the purpose of performing their duties and may
make or cause to be made such examinations, surveys, or sampling as
the Department of Public Works or reviewing agent deems reasonably
necessary.
The remedies listed in these rules and regulations are not exclusive
of any other remedies available under any applicable federal, state
or local law.
If any provision, paragraph, sentence, or clause of these rules
and regulations shall be held invalid for any reason, all other provisions
shall continue in full force and effect.
