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Management and Land Disturbance Section of the City of Quincy Municipal Code Is Hereby

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Management and Land Disturbance Section of the City of Quincy Municipal Code Is Hereby INTRODUCED BY: MAYOR THOMAS P. KOCH CITY OF QUINCY IN COUNCIL ORDER NO. 2021- 054 ORDERED: May 17, 2021 Upon recommendation of the Commissioner of Public Works, and with the approval of his Honor, the Mayor, the Chapter 300 Stormwater Management, Article II - Stormwater Management and Land Disturbance section of the City of Quincy Municipal Code is hereby amended by striking it in its entirety and inserting the attached provisions for: Chapter 300 Stormwater Management Article II Stormwater Management and Land Disturbance 300- 15. Findings and objectives. A. The harmful impacts of polluted and unmanaged stormwater runoff are known to cause: 1) Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater; 2) Contamination of drinking water supplies; 3) Erosion of stream channels; 4) Alteration or destruction of aquatic and wildlife habitat; 5) Flooding; and 6) Overloading or dogging of municipal storm drain systems. B. The objectives of this article are to: 1) Protect groundwater and surface water from degradation; 2) Require practices that reduce soil erosion and sedimentation and control the volume and rate of stormwater runoff resulting from development, construction, and land surface alteration; 3) Promote infiltration and the recharge of groundwater; 4) Prevent pollutants from entering the City of Quincy municipal separate storm sewer system ( MS4) and to minimize discharge of pollutants from the MS4; 5) Ensure adequate, long-term operation and maintenance of structural stormwater best management practices; 6) Ensure that soil erosion and sedimentation control measures and stormwater runoff control practices that are incorporated into the site planning and design processes are implemented and maintained; ORDER NO. 2021 – 054 Page 2 of 16 7) Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; 8) Comply with state and federal statutes and regulations relating to stormwater discharges; and 9) Establish the City of Quincy's legal authority to ensure compliance with the provisions of this article through inspection, monitoring, and enforcement. 300- 16. Definitions. The following definitions shall apply in the interpretation and enforcement of this article. Additional terms that apply to issuance of a permit established by this article shall be defined and included as part of the rules promulgated and from time to time amended under § 300- 19 of this article, a copy of which is available at the Conservation Commission and the office of the City Clerk. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning. AGRICULTURE — The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act1 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. " 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 or the federal government, to the extent permitted by law, requesting a Storm Water Management and Land Disturbance Permit, for proposed land disturbance activity. APPLICATION – The City of Quincy Department of Public Works Storm Water Management and Land Disturbance Permit Application. APPROVAL NOT REQUIRED ( ANR) — A plan of land that does not require approval under the Subdivision Control Law of Massachusetts ( MGL c. 41, §§ 81K through 81GG). BEST MANAGEMENT PRACTICE ( BMP) — An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL – A certified specialist in soil erosion and sediment control. CITY – The City of Quincy, Massachusetts. CITY ENGINEER — The City Engineer of the City of Quincy or his/ her designee. ORDER NO. 2021 — 054 Page 3 of 16 CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S. C. § 1251 et seq.), as hereafter amended. CLEARING — Any activity that removes the vegetative surface cover. COMMISSIONER — The Commissioner of Public Works of the City of Quincy or his/ her authorized deputy, agent or representative. COMMON PLAN OF DEVELOPMENT — Any announcement or piece of documentation ( including a contract, public notice or hearing, advertisement, drawing, plan, or permit application, etc.) or physical demarcation ( including boundary signs, lot stakes, surveyor marking, etc.) indicating imminent or future plans to disturb earth regardless of how many phases or how long it will take to complete. Under this article, a facility is no longer considered a common plan if the following criteria are met: A. The original plan, including modifications, was substantially completed with less than one acre of the original common plan remaining ( i.e., less than one acre of the common plan was not built out at the time); and B. There was clearly an identifiable period of time (two years or more) where there was no ongoing construction, including meeting the criteria for final stabilization. CONSTRUCTION AND WASTE MATERIALS — 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. CONSTRUCTION SITE OPERATOR: The party that has operational control over construction plans and specifications; and/ or the party that has day-to- day operational control over Development activities at the subject site. DEPARTMENT OF PUBLIC WORKS or DEPARTMENT — The branch of government as defined in Chapter 66, Articles VI, VII and XI, of this Code authorized to enforce the provisions of this article. DEVELOPMENT — The modification of land to accommodate a new use or expansion of use usually involving construction. DISCHARGE OF POLLUTANTS — The addition from any source of any pollutant or combination of pollutants into the MS4 system or into the waters of the commonwealth or the United States from any source. EROSION — The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. ORDER NO. 2021 – 054 Page 4 of 16 EROSION AND SEDIMENTATION CONTROL PLAN — A document containing narrative, drawings, and details developed by a qualified professional engineer ( PE) or a certified professional in erosion and sedimentation control which includes best management practices or equivalent measures designed to control surface runoff, erosion and sedimentation during pre -construction and construction -related land disturbance activities. A Stormwater Pollution Prevention Plan prepared under the NPDES General Permit for Discharges from Construction Activities will fulfill this requirement. ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS Habitats delineated 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). FLOW — Stormwater or groundwater. GRADING — Changing the level or shape of the ground surface. GROUNDWATER — Water beneath the surface of the ground. GRUBBING — The act of clearing land surface by digging up roots and stumps. ILLICIT CONNECTION — A surface or subsurface drain or conveyance which allows an illicit discharge into the MS4 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 article. ILLICIT DISCHARGE — Direct or indirect discharge to the MS4 system that is not composed entirely of stormwater, except as exempted in § 300-22. 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 or other public safety activities exempted pursuant to § 300-22 of this artide. IMPERVIOUS SURFACE — Any material or structure on or above the ground that prevents water from infiltrating the underlying soil. " Impervious surface" includes, without limitation, roads, paved parking lots, sidewalks, and rooftops. INFEASIBLE: For the purpose of this article, infeasible means not technologically possible or not economically practicable and achievable in light of best industry practices. LAND DISTURBANCE — Any activity that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material. See also " alter." LOW -IMPACT DEVELOPMENT TECHNIQUES — Stormwater management practices that are modeled after natural hydrologic features. Low -impact development techniques manage rainfall at the source using uniformly distributed decentralized microscale controls. Low -impact development techniques use small cost-effective landscape features located at the lot level. ORDER NO. 2021 – 054 Page 5 of 16 MASSACHUSETTS ENDANGERED SPECIES ACT — Massachusetts General Laws
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