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FOR COMMENT
Stormwater Management Plan
MA MS4 General Permit
Requirements
Prepared for:
Brewster, Massachusetts
EPA NPDES Permit Number: MAR041096
June 2019
Helen Gordon, P.E., BCEE
Senior Program Manager
Natalie M. Pommersheim
Senior Scientist
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TABLE OF CONTENTS
CERTIFICATION .......................................................................................................................................... II
SMALL MS4 AUTHORIZATION.................................................................................................................. III
LIST OF TABLES ........................................................................................................................................ IV
LIST OF FIGURES ....................................................................................................................................... V
LIST OF APPENDICES ............................................................................................................................... VI
1.0 BACKGROUND ...................................................................................................................................... 7
1.1 STORMWATER REGULATION .............................................................................................................. 7
1.2 PERMIT PROGRAM BACKGROUND ...................................................................................................... 7
1.3 STORMWATER MANAGEMENT PLAN (SWMP) ..................................................................................... 7
1.4 TOWN SPECIFIC MS4 BACKGROUND ................................................................................................. 8
2.0 SWMP COMPONENTS .......................................................................................................................... 9
2.1 PARTIES INVOLVED IN IMPLEMENTATION ............................................................................................. 9
2.2 DOCUMENTATION REGARDING ENDANGERED SPECIES ....................................................................... 9
2.3 DOCUMENTATION REGARDING HISTORIC PROPERTIES ...................................................................... 10
2.4 DOCUMENTATION REGARDING DISCHARGES .................................................................................... 10
2.5 SANITARY SEWER OVERFLOW (SSO) INVENTORY ............................................................................ 11
2.6 IDDE PROGRAM AND BYLAWS ......................................................................................................... 12
2.7 SEDIMENT AND EROSION CONTROL PROCEDURES ............................................................................ 12
2.8 PUBLIC DRINKING WATER SUPPLY SOURCES PROTECTION ............................................................... 12
2.9 ACTIVITIES TO MONITOR DISCHARGES ............................................................................................. 12
2.10 ANNUAL PROGRAM EVALUATION ...................................................................................................... 12
3.0 MINIMUM CONTROL MEASURES ...................................................................................................... 13
3.1 PUBLIC EDUCATION AND OUTREACH ................................................................................................ 13
3.1.1 Background ........................................................................................................................... 13
3.1.2 Best Management Practices ................................................................................................. 14
3.2 PUBLIC INVOLVEMENT AND PARTICIPATION ....................................................................................... 15
3.2.1 Background ........................................................................................................................... 15
3.2.2 Best Management Practices ................................................................................................. 15
3.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) PROGRAM ................................................. 16
3.3.1 Background ........................................................................................................................... 16
3.3.2 Best Management Practices ................................................................................................. 17
3.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ................................................................... 20
3.4.1 Background ........................................................................................................................... 20
3.4.2 Best Management Practices ................................................................................................. 20
3.5 POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT ... 22
3.5.1 Background ........................................................................................................................... 22
3.5.2 Best Management Practices ................................................................................................. 22
3.6 GOOD HOUSE KEEPING AND POLLUTION PREVENTION FOR PERMITTEE OWNED OPERATIONS ............ 24
3.6.1 Background ........................................................................................................................... 24
3.6.2 Best Management Practices ................................................................................................. 24
4. WATER QUALITY BASED REQUIREMENTS ...................................................................................... 27
4.1 BACKGROUND ................................................................................................................................. 27
4.2 PERMIT REQUIREMENTS .................................................................................................................. 28
Certification
Authorized Representative (Optional): All reports, including SWPPPs, inspection reports, annual reports,
monitoring reports, reports on training and other information required by this permit must be signed by a
person described in Appendix B, Subsection 11.A or by a duly authorized representative of that person in
accordance with Appendix B, Subsection 11.B. If there is an authorized representative to sign MS4 reports,
there must be a signed and dated written authorization.
The authorization letter is:
Attached to this document (document name listed below)
Publicly available at the website below
“I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations.”
Printed Name
Signature Date
Patrick Ellis, Public Works Superintendent
Small MS4 Authorization
The NOI was submitted on
The NOI can be found at the following (document name or web address):
Authorization to Discharge was granted on
The Authorization Letter can be found (document name or web address):
September 28, 2018
April 5, 2019
https://www.epa.gov/npdes-permits/regulated-ms4-massachusetts-communities
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 1
5 POST OFFICE SQUARE, SUITE 100
BOSTON, MA 02109-3912
VIA EMAIL
April 5, 2019
Mark Forest
Interim Town Administrator
And;
Patrick Ellis
Public Works Superintendent
201 Run Hill Road
Brewster, MA. 02631
pellis@brewster-ma.gov
Re: National Pollutant Discharge Elimination System Permit ID #: MAR041096, Town of
Brewster
Dear Patrick Ellis:
The 2016 NPDES General Permit for Stormwater Discharges from Small Municipal Separate
Storm Sewer Systems in Massachusetts (MS4 General Permit) is a jointly issued EPA-MassDEP
permit. Your Notice of Intent (NOI) for coverage under this MS4 General Permit has been
reviewed by EPA and appears to be complete. You are hereby granted authorization by EPA and
MassDEP to discharge stormwater from your MS4 in accordance with the applicable terms and
conditions of the MS4 General Permit, including all relevant and applicable Appendices. This
authorization to discharge expires at midnight on June 30, 2022.
For those permittees that certified Endangered Species Act eligibility under Criterion C in their
NOI, this authorization letter also serves as EPA’s concurrence with your determination that your
discharges will have no effect on the listed species present in your action area, based on the
information provided in your NOI.
As a reminder, your first annual report is due by September 30, 2019 for the reporting period
from May 1, 2018 through June 30, 2019.
Information about the permit and available resources can be found on our website:
https://www.epa.gov/npdes-permits/massachusetts-small-ms4-general-permit. Should you have
any questions regarding this permit please contact Newton Tedder at tedder.newton@epa.gov or
(617) 918-1038.
Sincerely,
Thelma Murphy, Chief
Stormwater and Construction Permits Section
Office of Ecosystem Protection
United States Environmental Protection Agency, Region 1
and;
Lealdon Langley, Director
Wetlands and Wastewater Program
Bureau of Water Resources
Massachusetts Department of Environmental Protection
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LIST OF TABLES
TABLE 1 - IMPAIRED WATERS, TMDLS AND IMPAIRMENTS
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LIST OF FIGURES
FIGURE 1 - SYSTEM LOCUS
FIGURE 2 – MS4 URBANIZED AREAS
FIGURE 3 – TOWN WATERSHEDS
FIGURE 4 – STORMWATER SYSTEM MAP
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LIST OF APPENDICES
APPENDIX A ....................................................................... MA MS4 HYPERLINKS AND REFERENCES
APPENDIX B ......................................................................................................... NOTICE OF INTENT
APPENDIX C ........................................................................................................ PERMIT SCHEDULE
APPENDIX D .................... ENDANGERED SPECIES AND CRITICAL HABITATS PROTECTION DOCUMENTS
APPENDIX E .............. MA MS4 GENERAL PERMIT APPENDIX D - HISTORIC PROPERTIES DOCUMENTS
APPENDIX F .......................................................... NEW OR INCREASED DISCHARGES TRACKING LOG
APPENDIX G ........................................................................................................... SSO INVENTORY
APPENDIX H .................................................................................. CURRENT STORMWATER BYLAWS
APPENDIX I…………2018 ANNUAL REPORT SELF EVALUATION AND ANNUAL EVALUATION YEARS 1-5+
APPENDIX J………………………………………………………..MINIMUM CONTROL MEASURES BMPS
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1.0 BACKGROUND
1.1 Stormwater Regulation
The Stormwater Phase II Final Rule was promulgated in 1999 and was the next
step after the 1987 Phase I Rule in EPA's effort to preserve, protect, and improve the
Nation's water resources from polluted stormwater runoff. The Phase II program expands
the Phase I program by requiring additional operators of MS4s in urbanized areas and
operators of small construction sites, through the use of NPDES permits, to implement
programs and practices to control polluted stormwater runoff. Phase II is intended to
further reduce adverse impacts to water quality and aquatic habitat by instituting the use
of controls on the unregulated sources of stormwater discharges that have the greatest
likelihood of causing continued environmental degradation. Under the Phase II rule all
MS4s with stormwater discharges from Census designated Urbanized Area are required
to seek NPDES permit coverage for those stormwater discharges.
1.2 Permit Program Background
On May 1, 2003, EPA Region 1 issued its Final General Permit for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems (2003 small MS4
permit) consistent with the Phase II rule. The 2003 small MS4 permit covered "traditional"
(i.e., cities and towns) and "non-traditional" (i.e., Federal and state agencies) MS4
Operators located in the states of Massachusetts and New Hampshire. This permit
expired on May 1, 2008 but remained in effect until operators were authorized under the
2016 MS4 general permit, which became effective on July 1, 2018.
1.3 Stormwater Management Plan (SWMP)
The SWMP describes and details the activities and measures that will be
implemented to meet the terms and conditions of the permit. The SWMP accurately
describes the permittees plans and activities. The document should be updated and/or
modified during the permit term as the permittee's activities are modified, changed or
updated to meet permit conditions during the permit term. The main elements of the
stormwater management program are (1) a public education program in order to affect
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public behavior causing stormwater pollution, (2) an opportunity for the public to
participate and provide comments on the stormwater program (3) a program to effectively
find and eliminate illicit discharges within the MS4 (4) a program to effectively control
construction site stormwater discharges to the MS4 (5) a program to ensure that
stormwater from development projects entering the MS4 is adequately controlled by the
construction of stormwater controls, and (6) a good housekeeping program to ensure that
stormwater pollution sources on municipal properties and from municipal operations are
minimized. The hyperlinks provided in Appendix A offer additional information and
supporting documents related to the MS4 Permit and the aforementioned minimum
control measures.
1.4 Town Specific MS4 Background
The Town must give special consideration to and meet eligibility requirements for their
discharges to be able to apply for coverage under the General Permit. Eligibility will be
determined based on three categories: Endangered Species Act, National Historic
Preservation Act, and Water Quality Impaired Waters. The Town must establish that
discharges from its storm drain system do not adversely impact endangered species,
critical habitats, and historic properties in order to be covered by the General Permit.
Furthermore, the Town must identify all receiving waters that have been classified as
Water Quality Impaired Waters by the MA DEP. The Town of Brewster and its surrounding
water bodies are shown on Figure 1: System Locus. The Notice of Intent (NOI) for
coverage under the Small MS4 General Permit was submitted to EPA and MassDEP on
September 28, 2018. A copy of the NOI is provided in Appendix B.
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2.0 SWMP COMPONENTS
2.1 Parties Involved in Implementation
Stormwater programs in the Town of Brewster are currently a responsibility of the
Public Works Superintendent, Patrick Ellis. The Towbn has not yet created/staffed a
stormwater management position. The members of the Brewster stormwater committee
are listed in the table below. This committee has prioritized detailed goals and concerns
regarding the implementation of a stormwater program.
Name Title Department
Patrick Ellis Superintendent Department of Public Works
Health Department
Building Permitting and Enforcement
Planning/Zoning Department
IT Department
Water Department
Board of Health
Conservation Committee
Planning Board
Additional Members*
2.2 Documentation Regarding Endangered Species
In order to comply with part 1.9.1 of the NPDES Permit, the Town has attached
documentation in Appendix D supporting Brewster’s eligibility determination of Criterion
B with regard to federal Endangered and Threatened Species and Critical Habitat
Protection. Criterion B states that, “under section 7 of the ESA, the consultation resulted
in either a no jeopardy opinion (formal consultation) or a written concurrence by USFWS
on a finding that the stormwater discharges and MA MS4 General Permit Appendix C
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Page 3 of 7 discharge related activities are “not likely to adversely affect” listed species
or critical habitat (informal consultation).” In this case, USFWS provided a letter in place
of a concurrence letter for informal consultation.
The attachments in Appendix D include the aforementioned letter, as well as the
results of the IPaC environmental review process. Using the IPaC environmental review
process, five endangered species have been identified within Brewster’s boundaries: the
Northern Long-Eared Bat, the Piping Plover, the Red Knot, the Roseate Tern, and the
Rusty Patched Bumble Bee. None of these species have critical habitats designated
within the Town, and the MS4 Permit will not adversely affect any of the listed species
within the MS4 area.
2.3 Documentation Regarding Historic Properties
The Town has attached documentation in Appendix E supporting their eligibility
determination regarding Historic Properties, in compliance with part 1.9.2 of the Permit.
This document, Appendix D of the Massachusetts General MS4 Permit, includes
information supporting Brewster’s determination as Criterion A, stating that the
discharges do not have the potential to cause effects on historic properties.
Historic site considerations will be evaluated further as part of the design/permitting
of new/retrofit BMPs proposed for implementation as part of MS4 compliance. Regarding
the National Historic Preservation Act, under 36 CFR 800, this facility is an existing facility
authorized by the previous Permit, and is not undertaking any activity involving
subsurface land disturbance less than 1 acre. This MS4 Permit will have "no potential to
cause effects," in accordance with 36 CFR 800.3(a)(1).
2.4 Documentation Regarding Discharges
Attached in Appendix F is an example for tracking any new or increased discharges
granted by MassDEP in compliance with part 2.1.2 of the Permit. At this time, the Town
of Brewster has no new and/or increased discharges beyond the outfall discharges noted
in the NOI. Brewster will document any new and/or increased discharges to the MS4 on
the form provided in Appendix F and include project specific information regarding best
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management practices implemented for those discharges. A sample discharge
documentation form is provided in Appendix F.
2.5 Sanitary Sewer Overflow (SSO)/Septic Overflow Inventory
In the event of an overflow or bypass, a notification must be reported within 24 hours
by phone to MassDEP, EPA, and other relevant parties. The verbal notification should be
followed up with a written report following MassDEP's Sanitary Sewer Overflow
(SSO)/Bypass notification form within 5 calendar days of the time you become aware of
the overflow, bypass, or backup. In the Town of Brewster, there are no properties with
sewer service and are all currently on septic. Upon notification of any SSO or septic
overflow, the Brewster Board of Health will take these appropriate measures to comply
with Permit requirements.
As of October 2018, there are no known SSOs or septic overflows that discharge to
the MS4. An inventory of all known locations where SSOs/overflows have discharged to
the MS4 will be maintained by the Town if any are found. This inventory shall include
SSOs/overflows resulting from inadequate conveyance capacities, or where
interconnectivity of the storm and sanitary sewer infrastructure allows for connection of
flow between the systems. A sample inventory form is provided in Appendix G and
includes the following information:
1. Location (approximate street crossing/address and receiving water, if any);
2. A clear statement of whether the discharge entered a surface water directly or
entered the MS4;
3. Date(s) and time(s) of each known SSO/overflow occurrence (i.e., beginning
and end of any known discharge);
4. Estimated volume(s) of the occurrence;
5. Description of the occurrence indicating known or suspected cause(s);
6. Mitigation and corrective measures completed with dates implemented; and
7. Mitigation and corrective measures planned with implementation schedules.
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2.6 IDDE Program and Bylaws
The Town’s IDDE plan will be developed during the first year of the new permit. The
IDDE program is detailed in section 3.3 of Minimum Control Measures. The Town’s
current Stormwater Management and Erosion Control and Illicit Discharge Bylaw is
provided in Appendix H.
2.7 Sediment and Erosion Control Procedures
Written procedures for the Town’s site inspections and enforcement of sediment and
erosion control procedures in accordance with part 2.3.5 of the Permit, Construction Site
Stormwater Runoff Control, are detailed in the sections 3.4 and 3.5, Minimum Control
Measures. This information includes the party responsible for site inspections and
implementation of procedures.
2.8 Public Drinking Water Supply Sources Protection
The Town has developed practices in effort to avoid or minimize impacts to surface
public drinking water supply sources. These efforts are detailed in Minimum Control
Measures section 3.6, Good House Keeping and Pollution Prevention.
2.9 Activities to Monitor Discharges
The Town will identify any discharges within public drinking water supply source areas
and give priority to outfall inspections and screening required of the Minimum Control
Measures in section 3.0.
2.10 Annual Program Evaluation
To comply with part 4.1 of the Permit, the Town annually self-evaluates compliance
with the terms and conditions of the Permit and submits each self-evaluation as part of
the Fiscal Year annual report. The 2018 NPDES Phase II Small MS4 General Permit
Annual Report is attached as Appendix I.
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3.0 MINIMUM CONTROL MEASURES
In effort to reduce pollutants and comply with part 2.3 of the Permit, the Town focuses
on the following minimum control measures. These sections describe the Town’s
practices to comply with each control measure, the responsible person(s) or party of each
practice, and the goal(s) for each BMP of each control measure. The BMPs for each of
the six minimum control measures are outlined in the forms provided in Appendix J.
3.1 Public Education and Outreach
The permittee shall implement an education program that includes educational goals
based on stormwater issues of significance within the MS4 area, further detailed in
section 3.1.2 of the SWMP. The ultimate objective of a public education program, permit
part 2.3.2, is to increase knowledge and change behavior of the public so that the
pollutants in stormwater are reduced.
The Town implemented a public education program as required by the 2003 permit
and will continue that program and make the necessary adjustments to meet the
additional requirements of the 2016 permit.
The program must include the education of the following four audiences: 1. residents,
2. businesses, institutions (churches, hospitals), and commercial facilities, 3. developers
(construction), and 4. industrial facilities.
3.1.1 Background
The Town of Brewster has implemented several actions in efforts to reach public
education and outreach goals. Information and educational material on stormwater
management is available at Town Hall and the Town website. Information regarding
stormwater related public information is available through the Comprehensive Water
Planning Committee website. Educational information is distributed by the Water
Department at the Brewster Conservation Day as well. The DPW is working with the
Planning Department and will continue to work on educational outreach and materials.
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3.1.2 Best Management Practices
I. Distribution of a minimum of two (2) educational messages over the permit term to
the required audiences within the permit term (5 years), as listed below.
A. Residents
1. Publish outreach materials.
2. Distribute new resident packets to residents within Wetland
Protection Areas.
3. Distribute pet waste control information to residents when they
(re)apply for a pet license.
4. Distribute information to septic maintenance contractors.
5. Distribute information on water quality at Brewster Conservation
Day.
B. Businesses, Institutions, and Commercial Facilities
1. Include stormwater information in permit materials.
2. Establish section on stormwater web site directed toward
businesses, institutions, and commercial facilities.
C. Developers (Construction)
1. Include stormwater information in permit materials.
2. Establish section on stormwater web site directed toward
developers.
D. Industrial Facilities
1. Distribute stormwater information to industrial groups based on
zoning and property use.
2. Establish section on stormwater web site directed toward industrial
facilities.
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3.2 Public Involvement and Participation
The objective of the public involvement and participation control measure, permit
part 2.3.3., is for the Town to provide the public with opportunities to engage in activities
that promote good stormwater practices. The public must also be given the chance to
review the Stormwater Management Plan (SWMP) and its implementation.
3.2.1 Background
Responsible parties for public involvement and participation efforts include the
Department of Public Works and IT Department. The Town of Brewster has an
operational stormwater section on the Town’s website. Water quality links are available
through multiple committee and department pages throughout the website. The Town’s
Integrated Water Resources Management Plan (IWRMP) from June 2013 is hosted on
the website along with copies of completed reports related to the IWRMP.
Town officials set up a table at the Lower Cape Expo and the Brewster Conservation
Day where they reach out to resident, provide information, and allow for comments and
questions. The Town also collects email addresses from residents who attend these
events in order to provide additional stormwater information.
3.2.2 Best Management Practices
I. Public Review
A. Stormwater Management Plan Review (SWMP)
1. Make SWMP available at least annually for public review.
2. Allow annual review of stormwater management plan and posting of
stormwater management plan on website.
II. Public Participation
A. Allow public to comment on stormwater management plan annually.
1. Make physical copy available at Brewster Town Hall, library, and
DPW office.
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3.3 Illicit Discharge Detection and Elimination (IDDE) Program
The Town shall put an IDDE program into place, permit part 2.3.4, in order to find and
eliminate non-stormwater discharge sources. Procedures shall be implemented to fix any
prevalent issues in the Town’s storm sewer system. As identified in the Notice of Intent
(NOI), attached in Appendix B, the following 16 outfall structures listed in the table below
discharge to the Town of Brewster MS4 area. These outfall structures are displayed on
Figure 2: MS4 Urbanized Areas.
3.3.1 Background
Responsible parties for IDDE efforts include the Department of Public Works and
the Board of Health. The Town of Brewster has completed the mapping of their
stormwater system with the help of a consultant in 2012 and 2014. The Town continues
to make revisions and update their GIS mapping as appropriate. The Town has passed
a by-law prohibiting illicit discharges in 2011 and is continuing to look at ways to update
the by-laws and regulations to better address stormwater remediation. The Town
continues its IDDE program including water sampling efforts and is looking to expand its
sampling efforts and reporting.
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3.3.2 Best Management Practices
I. Legal Authority
A. The IDDE program shall include adequate legal authority to prohibit illicit
discharges; investigate suspected illicit discharges; eliminate illicit
discharges, including discharges from properties not owned by or controlled
by the MS4 that discharge into the MS4 system; and implement appropriate
enforcement procedures and actions. Adequate legal authority consists of
a currently effective ordinance, by-law, or other regulatory mechanism. For
permittees authorized by the MS4-2003 permit, the ordinance, by-law, or
other regulatory mechanism was a requirement of the MS4-2003 permit and
was required to be effective by May 1, 2008. For new permittees the
ordinance, by-law, or other regulatory mechanism shall be in place within 3
years of the permit effective date.
II. SSO Inventory
A. Develop SSO and septic overflow Inventory Database within one year of
effective permit date that logs historical SSOs/overflows that have occurred
in the last 5 years, as discussed in further detail in section 2.5.
1. Coordinate with Board of Health for tracking of any future
SSOs/septic overflows.
III. Storm Sewer System Map
A. Update map within 2 years of effective date of permit and complete full
system map 10 years after effective date of permit.
1. Make an electronic and physical copy of the map available to the
public via the stormwater website and Brewster Town Hall.
2. Map/verify 10% of system per year during permit years 1-10.
a) Phase I will be focused on during Years 1 and 2, while Phase
II will be focused on during Years 3 thru 10.
3. Integrate system map updates with planned utility expansion
projects.
IV. Written IDDE Program Development
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A. Develop and complete written IDDE program within 1 year of effective
permit date. The IDDE program and permit attachments will be available at
Brewster Town Hall, 2198 Main Street, Brewster MA 02631.
1. The written plan will include but is not limited to the following:
a) Outline of responsibilities.
b) Storm sewer map with locations of known outfalls, including
information on relevant connectivity data gaps.
c) Systemic procedure/protocol to detect and eliminate illicit
discharges.
d) Assessment/ranking of catchments (based on complaints,
past water quality data, adjacent failing septic/sewer
systems, density, surrounding area, TMDL surface waters).
e) Tracking mechanism to evaluate and report on the overall
effectiveness of the IDDE program.
V. Implement IDDE Program
A. Implement catchment investigations according to program and permit
conditions within 18 months of the effective date of the Permit.
1. Continue to enforce bylaw.
2. Continue to enforce stormwater management regulations.
3. Coordinate water quality monitoring with dry weather screening
a) New monitoring system should include surveying for illicit
discharge detection.
VI. Employee Training
A. Coordinate annual stormwater training and incorporate with training
required in Section 6.2.IV.B.
VII. Dry Weather Screening
A. Conduct screening in accordance with outfall screening procedure and
permit conditions.
1. Screen 25% of outfalls per year during permit years 2-5.
VIII. Conduct Wet Weather Screening
A. Conduct screening in accordance with outfall screening procedure and
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Permit conditions, and as determined by dry weather screening results,
within 10 years of effective permit date.
B. To identify areas with higher potential for illicit connections, the permittee
shall identify the presence of any of the following System Vulnerability
Factors (SVFs):
1. History of SSOs, including, but not limited to, those resulting from
wet weather, high water table, or fat/oil/grease blockages;
2. Common or twin-invert manholes serving storm and sanitary sewer
alignments;
3. Common trench construction serving both storm and sanitary sewer
alignments;
4. Crossings of storm and sanitary sewer alignments where the sanitary
system is shallower than the storm drain system;
5. Sanitary sewer alignments known or suspected to have been
constructed with an underdrain system;
6. Inadequate sanitary sewer level of service (LOS) resulting in regular
surcharging, customer back-ups, or frequent customer complaints;
7. Areas formerly served by combined sewer systems;
8. Sanitary sewer infrastructure defects such as leaking service
laterals, cracked, broken, or offset sanitary infrastructure, directly
pipes connections between storm drain and sanitary sewer
infrastructure, or other vulnerability factors identified through
Inflow/Infiltration Analysis, Sanitary Sewer Evaluation Surveys, or
other infrastructure investigations.
IX. Conduct ongoing screening as necessary, and upon completion of the IDDE
Program.
X. IDDE Regulations
A. Continue to eliminate illicit discharge violations in accordance with Chapter
115 Illicit Connections and Discharge under General Legislation.
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3.4 Construction Site Stormwater Runoff Control
The Town must implement a program focused on controlling stormwater runoff from
construction sites. The program shall minimize or eliminate erosion on site and maintain
the site so that the sediment is not transported in stormwater or allowed to discharge to
a water of the U.S. through the permittee’s MS4, as stated in part 2.3.5 of the Permit.
3.4.1 Background
The Town of Brewster updated their Development Plan Review by-law in 2015 to
improve the exchange of development information from department heads to prospective
builders, developers, and/or property owners. Water quality issues are a major
component of these discussions. Staff Review Committee will continue to improve the
discussions with prospective developers with regards to development requirements
including stormwater quality. The Conservation Committee and Planning Board are all
responsible for construction site stormwater runoff control BMPs.
3.4.2 Best Management Practices
I. Site Inspection and Enforcement of Erosion and Sediment Control (ESC)
Measures.
A. Complete written procedures of site inspections and enforcement
procedures within 1 year of effective date of the Permit.
1. Recommend standards and practices for town inspection
procedures. Seek input from relevant town groups (e.g. Building,
Health, Conservation, etc.)
2. Develop inspection form that includes ESC measures and integrate
them with existing Town forms.
II. Site Plan Review
A. Complete written procedures of site plan review and begin implementation
within 1 year of the effective date of the Permit.
1. Include site plan review workflow chart with permit applications.
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2. Review current Town procedure regarding when a Construction
General Permit (CGP) is needed.
a) CGP required for disturbance of 1 acre or greater
III. Erosion and Sediment Control Ordinance
A. Adoption of requirements for construction operators to implement a
sediment and erosion control program within 1 year of the effective date of
the Permit.
1. Set limit of 1 acre before project requires inspection by Town official.
a) Coordinate limits and requirements with fill/extraction permits.
2. Update all Town forms with erosion and sediment control checklist.
3. Continue to implement Soil and Erosion Control bylaw.
4. Continue to monitor all construction activities within the Town of
Brewster for erosion and sediment control issues.
IV. Waste Control
A. Adoption of requirements to control wastes, including but not limited to,
discarded building materials, concrete truck wash out, chemicals, litter, and
sanitary wastes within 1 year of the effective date of the Permit.
1. Incorporate into Town’s general conditions for building permit and/or
site plan review.
2. Review and modify Town bylaw to meet new requirements.
V. Pre-Construction/Coordination Management
A. Continue GIS mapping and develop protocol for submitting as-builts
electronically.
BREWSTER SWMP REPORT - 2019
265-1801 22
3.5 Post Construction Stormwater Management in New Development and
Redevelopment
The objective of an effective post construction stormwater management program, part
2.3.6 of the Permit, is to reduce the discharge of pollutants found in stormwater to the
MS4 through the retention or treatment of stormwater after construction on new or
redeveloped sites and to ensure proper maintenance of installed stormwater controls.
3.5.1 Background
The Town passed a revised development review process called Staff Review and
adopted a Site Plan Review by-law in May 2011. The Town continues to look for ways to
promote the Staff Review Process. The Town uses contract services as well as trained
staff at the DPW for construction inspection services. The Town requires the project
component’s engineer to provide inspection reports and stamp reports for recordkeeping
purposes. The Department of Public Works and Planning Board are all responsible for
stormwater management in new and redevelopment.
3.5.2 Best Management Practices
I. Post-Construction Ordinance
A. The permittee shall develop or modify, as appropriate, an ordinance or
other regulatory mechanism within two (2) years of the effective date of
the permit.
II. As-Built Plans For On-Site Stormwater Control
A. Require submission of electronic data for as-built drawings (e.g. PDF,
AutoCAD, GIS) within 2 years of completed construction.
1. O&M certification should include contact and contract information for
contractors that perform O&M on the private BMPs.
III. Inventory and Priority Ranking of MS4-Owned Properties That May Be Retrofitted
with BMPs
A. Conduct detailed inventory of MS4 owned properties and rank for retrofit
potential within 4 years of permit effective date.
BREWSTER SWMP REPORT - 2019
265-1801 23
1. Inventory Town parcels for existing stormwater BMPs and identify
opportunities for GI/LID retrofits.
a) Include schools, parks, recreation facilities, police/fire/EMS,
libraries, public works, and town administrative offices.
IV. Allow Green Infrastructure
A. Within 4 years of permit effective date, develop a report assessing existing
local regulations to determine the feasibility of making green infrastructure
practices allowable when appropriate site conditions exist
1. Review bylaws and applications in order to incorporate green
infrastructure and low impact development language as needed.
2. Educate the public on green infrastructure through existing BMP
retrofits/demonstration projects.
V. Street Design and Parking Lot Guidelines
A. Within 4 years of permit effective date, develop a report assessing
requirements that affect the creation of impervious cover. The assessment
will help determine if changes to design standards for streets and parking
lots can be modified to support low impact design options
1. Publish street design and parking lot guidelines on stormwater
website.
VI. Ensure any stormwater controls or management practices for new development
and redevelopment will prevent or minimize impacts to water quality.
A. Within 2 years of permit effective date, adopt, amend, or modify regulation
mechanisms to meet permit requirements.
1. Review rules and regulations and modify as needed. Include
evaluation of subdivision/redevelopment requirements for long-term
operations and management of private BMPs.
a) Work to establish cash (instead of bond) surety with
developers to create binding obligation to keep stormwater
runoff onsite.
2. Continue to implement Post-Construction Site Runoff Control Bylaw.
BREWSTER SWMP REPORT - 2019
265-1801 24
3.6 Good House Keeping and Pollution Prevention for Permittee Owned
Operations
An operations and maintenance program must be implemented by the Town for Town-
owned operations. The program shall focus on preventing or reducing pollutant runoff and
protecting water quality from Town operations.
3.6.1 Background
Best Management Practices for Operations and Maintenance Training was provided
to the Town of Brewster by the Town’s consultant in May 2017. The manual was updated
in 2015. Additional training is scheduled to discuss Good House Keeping and IDDE in the
field training. Annual catch basin cleaning and town-wide sweeping is completed using
contracted services. The Department of Public Works and the Conservation Committee
are responsible for pollution prevention BMPs.
3.6.2 Best Management Practices
I. Create written O&M procedures for parks and open spaces, buildings and facilities,
and vehicles and equipment within 2 years of permit effective date.
A. Develop standards of practice for O&M of each public facility and combine in
Town O&M Manual.
II. Inventory all permittee-owned parks and open spaces, buildings and facilities
(including their storm drains), and vehicles and equipment within 2 years of the
permit effective date.
A. Develop a capital improvement plan that deals with flooding prevention
measures and water quality improvements.
1. Coordinate implementation with Section 5.2.II of the Permit.
III. Establish and implement program for repair and rehabilitation of MS4 infrastructure
within 2 years of the permit effective date.
A. Inspect assets and assess condition to develop program
B. Review annual budget to set aside funding.
BREWSTER SWMP REPORT - 2019
265-1801 25
IV. Stormwater Pollution Prevention Plan (SWPPP) For Maintenance Garages,
Transfer Stations and Other Waste-Handling Facilities.
A. Develop plan within 2 years of permit effective date.
B. Schedule annual employee training.
1. Look into workshop and speaking opportunities and seek formal
training for all departments
C. Develop an asset management system to process complaints, permits,
inspections, and maintenance.
D. Continue to implement improved recycling standards and requirements.
V. Catch Basin Cleaning
A. Develop and maintain a cleaning schedule.
B. Develop electronic data collection system for tracking, inspection, and
maintenance.
1. Update catch basin cleaning services RFP requirements to require
electronic data collection that is compatible with the Town’s GIS and
asset management system.
VI. Street Sweeping Program
A. Continue to implement street sweeping program.
VII. Road Salt Use Optimization Program
A. Continue working on salt reduction strategies.
1. Continue to develop and implement winter road maintenance
procedure including use and storage of salt and sand
2. Continue to minimize the use of salts and ensure that snow is not
disposed into water ways.
3. Calibrate spreaders to reduce salt use.
VIII. Inspections and Maintenance of Stormwater Treatment Structures
A. Establish and implement inspection and maintenance procedures for
annual inspections/maintenance.
IX. Massachusetts Department of Transportation
BREWSTER SWMP REPORT - 2019
265-1801 26
1. Coordinate annual meeting with MassDOT District 5 Staff to discuss
stormwater system interconnections, common receiving waters, and
opportunities for collaboration.
BREWSTER SWMP REPORT – 2019
265-1801 27
4.0 WATER QUALITY BASED REQUIREMENTS
In compliance with the Clean Water Act (CWA), each state must administer a program
to monitor and assess the quality of its surface and groundwater. Section 305(b) process
of the CWA entails assessing each use for rivers, lakes, and coastal waters, and causes
and sources of impairment are identified wherever possible. Section 303(d) of the CWA
along with the regulations at 40 CFR 130.7 requires states to identify those water bodies
that are not expected to meet surface water quality standards (SWQS) after the
implementation of technology based controls, and prioritize them for the development of
Total Maximum Daily Loads (TMDLs). A TMDL establishes the maximum amount of a
pollutant that may be introduced into a water body and still ensure attainment and
maintenance of water quality standards. The 303(d) List of Impaired Waters (303(d) List)
lists each water body in one of the following five categories:
1) Unimpaired and not threatened for all designated uses;
2) Unimpaired for some uses and not assessed for others;
3) Insufficient information to make assessments for any uses;
4) Impaired or threatened for one or more uses, but not requiring the calculation of a
TMDL; or
5) Impaired or threatened for one or more uses and requiring a TMDL.
Waters listed in Category 5 constitute the 303(d) List and are to be reviewed and
approved by the EPA. The Town of Brewster does not discharge to any impaired waters
that require a TMDL. An overall map of the Town of Brewster’s stormwater system is
attached as Figure 4: Stormwater System Map.
4.1 Background
These best management practices aim to improve and mitigate stormwater water
quality impairments. This program will focus on watershed-wide requirements in the Cape
Cod Watershed and Pleasant Bay System located in the Town of Brewster.
In the Town of Brewster, there are no discharges to impaired waters that require a
TMDL. As there are no category 5 impaired waters, the Town’s water quality requirements
BREWSTER SWMP REPORT – 2019
265-1801 28
are focused on watershed requirements for the Cape Cod Watershed and Pleasant Bay
System.
The Cape Cod Watershed has a watershed-wide EPA approved TMDL
requirement for bacteria and pathogens. All Town outfalls are located within the Cape
Cod Watershed, therefore all outfalls are subject to these requirements. This impairment
requires the Town of Brewster to follow the below requirements to mitigate pathogen
discharges to the MS4. The Town should prioritize sampling all outfalls for bacteria and
pathogens.
In addition to the Cape Cod Watershed, the southeast corner of Brewster is within
the Pleasant Bay Embayment Watershed. The Pleasant Bay System has a watershed-
wide EPA approved TMDL requirement for nitrogen. All Town outfalls located within the
Pleasant Bay System are subject to nitrogen requirements along with the Cape Cod
Watershed bacteria and pathogens requirement. The Town should prioritize sampling
outfalls within the Pleasant Bay System for nitrogen.
The Town must adhere to all requirements listed in part III of Appendix F for all
discharges within the Town. The Town must adhere to all requirements in part IV of
Appendix F for those discharges within the Pleasant Bay System.
4.2 Permit Requirements
4.2.1 Public Education and Outreach
A. Bacteria or Pathogens
Distribute an annual message that encourages the proper management of
pet waste, including noting any existing ordinances where appropriate.
Disseminate educational materials to dog owners at the time of issuance or
renewal of dog license, or other appropriate time.
Provide information to owners of septic systems about proper maintenance
in any catchment that discharges to a water body impaired for bacteria or
pathogens.
B. Nitrogen
BREWSTER SWMP REPORT – 2019
265-1801 29
Distribute an annual message in the spring (April/May) timeframe that
encourages the proper use and disposal of grass clippings and encourages
the proper use of slow-release fertilizers.
Distribute an annual message in the summer (June/July) timeframe
encouraging the proper management of pet waste, including noting any
existing ordinances where appropriate.
Distribute an annual message in the fall (August/September/October)
timeframe encouraging the proper disposal of leaf litter.
4.2.2 Stormwater Management in New Development and Redevelopment
A. Nitrogen
Include a requirement that new development and redevelopment
stormwater management BMPs be optimized for nitrogen removal.
Retrofit inventory and priority ranking under 2.3.6.1.b shall include
consideration of BMPs to reduce nitrogen discharges.
4.2.3 Good House Keeping and Pollution Prevention
A. Nitrogen
Establish requirements for use of slow release fertilizers on permittee
owned property currently using fertilizer, in addition to reducing and
manageming fertilizer use as provided in 2.3.7.1.
Establish procedures to properly manage grass cuttings and leaf litter on
permittee property, including prohibiting blowing organic waste materials
onto adjacent impervious surfaces.
Increase street sweeping frequency of all municipal owned streets and
parking lots subject to Permit part 2.3.7.a.iii.(c) to a minimum of two times
per year, once in the spring (following winter activities such as sanding) and
at least once in the fall (September 1 - December 1; following leaf fall).
4.2.4 Illicit Discharge
A. Bacteria or Pathogens
BREWSTER SWMP REPORT – 2019
265-1801 30
Implement the illicit discharge program required by the Permit. Catchments
draining to any water body impaired for bacteria or pathogens shall be
designated either Problem Catchments or HIGH priority in implementation
of the IDDE program.
4.2.5 Additional Requirements (Nitrogen)
A. Nitrogen
Within four years of the permit effective date the permittee shall complete a
Nitrogen Source Identification Report. The report shall include the following
elements::
i. Calculation of total MS4 area draining to the water quality limited
water segments or their tributaries, incorporating updated mapping
of the MS4 and catchment delineations produced pursuant to part
2.3.4.6
ii. All screening and monitoring results pursuant to part 2.3.4.7.d,
targeting the receiving water segment(s)
iii. Impervious area and DCIA for the target catchment
iv. Identification, delineation, and prioritization of potential catchments
with high nitrogen loading
v. Identification of potential retrofit opportunities or opportunities for the
installation of structural BMPs during redevelopment.
The final Nitrogen Source Identification Report shall be submitted to EPA
as a part of the year 4 annual report.
Within five years of the permit effective date, the permittee shall evaluate
all permittee-owned properties identified as presenting retrofit opportunities
or areas for structural BMP installation under permit part 2.3.6.d.ii. Or
identified in the Nitrogen Source Identification Report that are within the
drainage area of the impaired water or its tributaries.
The permittee shall provide a listing of planned structural BMPs and a plan
and schedule for implementation in the year 5 annual report.
BREWSTER SWMP REPORT – 2019
265-1801 31
The permittee shall plan and install a minimum of one structural BMP as a
demonstration project within the drainage area of the water quality limited
water or its tributaries within six years of the permit effective date. The
demonstration project shall be installed targeting a catchment with high
nitrogen load potential.
The permittee shall install the remainder of the structural BMPs in
accordance with the plan and schedule provided in the year 5 annual report.
Any structural BMPs listed in Table 3 of Attachment 1 to Appendix H already
existing or installed in the regulated area by the permittee or its agents shall
be tracked and the permittee shall estimate the nitrogen removal by the
BMP consistent with Attachment 1 to Appendix H. The permittee shall
document the BMP type, total area treated by the BMP, the design storage
volume of the BMP and the estimated nitrogen removed in mass per year
by the BMP in each annual report.
At any time during the Permit term, the Town may be relieved of additional applicable
requirements in Appendix H Parts III (bacteria and pathogens) and I (nitrogen) and
requirements in Appendix F Parts A.III (bacteria and pathogens) and B.IV (nitrogen)
when it is in compliance with the Permit requirements.
TABLE 1
IMPAIRED WATERS, TMDLS AND IMPAIRMENTS
CategoryUnits EPA TMDL NO.5 ‐ "Water Requiring a TMDL"Town of Brewster, MassachusettsMassachusetts Year 2014 Integrated List of WatersImpaired WatersName Segment ID Description Size Impairment Cause Comments*TMDL not required (Non‐pollutant)NONE
FIGURE 1
SYSTEM LOCUS
ORLEANS
CHATHAM
DENNIS
HARWICH
EASTHAM
Figure 1System LocusBrewster, Massachusetts
0 1.50.75 Miles
I:\Brewster.265\265-1801 MS4 Compliance 2018\4. Task 4 - SW MP\Figures\MXDs\System Locus.m xd
±
FIGURE 2
MS4 URBANIZED AREAS
ORLEANS
CHATHAM
DE NNIS
BREWSTER
HARWICH
EASTHAM
Figure 2MS4 Ubanized AreasBrewster, Massachusetts
0 1.50.75 Miles
I:\Brewster.265\265-1801 MS4 Compliance 2018\4. Task 4 - SW MP\Figures\MXDs\MS4 Urbanized Areas.m xd
±MS4 Area
FIGURE 3
TOWN WATERSHEDS
ORLEANS
CHATHAM
DE NNIS
BREWSTER
HARWICH
EASTHAM
PleasantBay
NamequoitRiver
Areys Pond
LittleNamskaket Creek
Muddy Creek
Long Pond
Lovers Lake
StillwaterPond
CrowsPond
WalkersPond
UpperMill Pond
Great Pond
Depot Pond
HerringPond
CrystalLake
BakerPond Pilgrim Lake
Boat MeadowRiver
Rock HarborCreek
NamskaketCreek
QuivettCreek
Cliff Pond
SheepPond
RyderCove
LowerMillPond
HinckleysPond
GoosePond
TownCove
RoundCove
QuansetPond
Cedar Pond
Figure 3Town WatershedsBrewster, Massachusetts
0 1.50.75 Miles
I:\Brewster.265\265-1801 MS4 Compliance 2018\4. Task 4 - SW MP\Figures\MXDs\Town W atersheds.m xd
±2 - Attaining some uses
3 - No uses assessed
4A -Impaired - TMDL is completed
5 - Impaired - TMDL required
Pleasant Bay Embayment W atershed
Cape Cod Watershed
FIGURE 4
STORMWATER SYSTEM MAP
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ORLEANS
CHATHAM
DE NNIS
BREWSTER
HARWICH
EASTHAM
PleasantBay
NamequoitRiver
Areys Pond
LittleNamskaket Creek
Muddy Creek
Long Pond
Lovers Lake
StillwaterPond
CrowsPond
WalkersPond
UpperMill Pond
Great Pond
Depot Pond
HerringPond
CrystalLake
BakerPond Pilgrim Lake
Boat MeadowRiver
Rock HarborCreek
NamskaketCreek
QuivettCreek
Cliff Pond
SheepPond
RyderCove
LowerMillPond
HinckleysPond
GoosePond
TownCove
RoundCove
QuansetPond
Cedar Pond
Figure 4Stormwater SystemBrewster, Massachusetts
0 1.50.75 Miles
I:\Brewster.265\265-1801 MS4 Compliance 2018\4. Task 4 - SW MP\Figures\MXDs\Storm water System .m xd
±"Catchbasin
#Other Ou tfall
#Outfall
MS4 Area
2 - Attaining some uses
3 - No use s assessed
4A -Impa ired - TMDL is completed
5 - Impaire d - TMDL required
Pleasan t Bay Emb ayment W atershed
Cape Co d Watershed
APPENDIX A
MA MS4 HYPERLINKS AND REFERENCES
MA MS4 General Permit Hyperlinks
EPA MA MS4 Permit: https://www.epa.gov/npdes-permits/massachusetts-small-ms4-
general-permit
DEP Permit Information:
http://www.mass.gov/eea/agencies/massdep/water/wastewater/stormwater.html#8
Town Hyperlink: https://www.kingstonmass.org/index.asp?SEC=98244A4B-6C67-
49DB-8F75-2428CB6987B9&Type=B_BASIC
MCM 1: Public Education and Outreach
EPA's Stormwater Education Toolbox
MassDEP's Stormwater Outreach Materials
Other templates relevant to MCM 1 can be found here:
https://www.epa.gov/npdes-permits/stormwater-tools-new-england#peo
MCM 3: Illicit Discharge Detection and Elimination (IDDE) Program
IDDE Program Template and SOPs
Other templates relevant to IDDE can be found here:
https://www.epa.gov/npdes-permits/stormwater-tools-new-england#idde
MCM 4: Construction Site Stormwater Runoff Control
Examples and templates relevant to MCM 4, including model ordinances and
site inspection templates, can be found here:
https://www.epa.gov/npdespermits/stormwater-tools-new-england#csrc
MCM 5: Post Construction Stormwater Management in New Development and
Redevelopment
Examples and templates relevant to MCM 5, including model ordinances and
bylaw review templates and guidance can be found here:
https://www.epa.gov/npdes-permits/stormwater-tools-new-england#pcsm
MCM 6: Good Housekeeping and Pollution Prevention for Permittee Owned Operations
Examples and templates relevant to MCM 6, including SOP templates for
catch basin cleaning, street sweeping, vehicle maintenance, parks and open
space management, winter deicing, and Stormwater Pollution Prevention
Plans can be found here:
https://www.epa.gov/npdes-permits/stormwatertools-new-england#gh
APPENDIX B
NOTICE OF INTENT
APPENDIX C
PERMIT SCHEDULE
MS4 Permit
Draft Schedule
Town of Brewster, Massachusetts
July 2018 – MS4 Permit effective date to coincide with start of FY18
September 29, 2018 – Submit Updated NOI (within 90 days of effective date)
July 2019 – Items due within 1 year of effective date
Submit Updated Stormwater Management Plan
Additional Mapping – update stormwater system GIS for connectivity (as needed)
Written IDDE Plan, identify catchments contributing to high priority areas such as contributing
to public water supplies, public bathing beaches, or Inventory Town Facilities
Develop O&M for Town Facilities – Highway facilities, Parks/Recreation, Town Hall, Schools
Evaluate street sweeping and catch basin cleaning frequency
Education/Outreach – Two educational messages to each of the 4 audiences over 5 years
Additional Education/Outreach (x2 for Impaired Water Requirements)*
o Bacteria and Pathogens: Targeting Dog Waste/Septic Systems – Cape Cod Watershed
o Nitrogen: Targeting fertilizer, grass clippings, dog waste, and leaf litter – Pleasant Bay
Watershed
Public Participation
Annual Training
July 2020 – Items due within 2 years of effective date
SWPPP for Appropriate Facilities
SPCC Plan where appropriate
Parks Maintenance Plan
Ongoing Outfall Sampling (wet & dry) / Inspections / Update Mapping
Continue to evaluate street sweeping and catch basin cleaning frequency.
Education/Outreach – Two educational messages to each of the 4 audiences over 5 years
Additional Education/Outreach (x2 for Impaired Water Requirements)*
o Bacteria and Pathogens: Targeting Dog Waste/Septic Systems – Cape Cod Watershed
o Nitrogen: Targeting fertilizer, grass clippings, dog waste, and leaf litter – Pleasant Bay
Watershed
Public Participation
Annual Training
July 2021 – Items due within 3 years of effective date
Revisions to Stormwater Bylaw ‐ Construction Site Stormwater Runoff Control
Draft regulations to promote green infrastructure – Post‐Construction Management
Ongoing Outfall Sampling (wet & dry) / Inspections / Update Mapping
Continue to evaluate street sweeping and catch basin cleaning frequency.
Education/Outreach – Two educational messages to each of the 4 audiences over 5 years
Additional Education/Outreach (x2 for Impaired Water Requirements)*
o Bacteria and Pathogens: Targeting Dog Waste/Septic Systems – Cape Cod Watershed
o Nitrogen: Targeting fertilizer, grass clippings, dog waste, and leaf litter – Pleasant Bay
Watershed
Public Participation
Annual Training
July 2022 – Items due within 4 years of effective date
Revisions to Stormwater Bylaw ‐ Construction Site Stormwater Runoff Control
Draft regulations to reduce impervious cover – Post‐Construction Management
Ongoing Outfall Sampling (wet & dry) / Inspections / Update Mapping
Education/Outreach – Two educational messages to each of the 4 audiences over 5 years
Continue to evaluate street sweeping and catch basin cleaning frequency.
Nitrogen Source Identification Report*
Additional Education/Outreach (x2 for Impaired Water Requirements)*
o Bacteria and Pathogens: Targeting Dog Waste/Septic Systems – Cape Cod Watershed
o Nitrogen: Targeting fertilizer, grass clippings, dog waste, and leaf litter – Pleasant Bay
Watershed
Public Participation
Annual Training
July 2023 – Permit Length (5 years)
Inventory/Priority Ranking of LID retrofits on Town‐Owned Property – Post‐Construction
Management
Ongoing Outfall Sampling (wet & dry) / Inspections / Update Mapping
Education/Outreach – Two educational messages to each of the 4 audiences over 5 years
Additional Education/Outreach (x2 for Impaired Water Requirements)*
o Bacteria and Pathogens: Targeting Dog Waste/Septic Systems – Cape Cod Watershed
o Nitrogen: Targeting fertilizer, grass clippings, dog waste, and leaf litter – Pleasant Bay
Watershed
Continue to evaluate street sweeping and catch basin cleaning frequency.
Evaluate all Properties for BMPs –Nitrogen removal*
Plan and Scheduled for BMPs ‐ Nitrogen removal*
Public Participation
Annual Training
APPENDIX D
ENDANGERED SPECIES AND CRITICAL HABITATS PROTECTION DOCUMENTS
United States Department of the Interior
FISH AND WILDLIFE SERVICE
New England Field Office
70 Commercial St, Suite 300
Concord, NH 03301-5087
http ://www. fivs. gov/newengland
September 24,2018
To whom it may concern:
The U.S. Fish and Wildlife Service (USFWS) reviewed the stormwater discharge activities
associated with the 2016 National Pollutant Discharge and Elimination System (NPDES)
Massachusetts (MA) Small Municipal Separate Storm Sewer System (MS4) general permit (MA
MS4 General Permit) issued by the Environmental Protection Agency (EPA). We determined
those activities may affect, but are not likely to adversely affect, certain species listed under the
Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended; l6 U.S.C. I53I et seq.) when
specific conditions are met. When these conditions are met, we do not need to review individual
projects. These comments are provided in accordance with section 7 of the ESA and complement
existing 2016 MA MS4 General Permit Appendix C Guidance. We understand the applicant is
acting as a non-Federal representative of the EPA for the purpose of consultation under section 7.
This letter provides additional guidance for meeting Criterion B and should be submitted as
part of your application package to the EPA.
If the USFWS Information for Planning and Consultation website (https://ecos.fivs.gov/ipac/)
indicates your MA MS4 General Permit project action area may contain one or more of the
following federally listed endangered species: roseate tern(Sterna dougallii),northem red-bellied
cooter (Pseudemys rubriventris), dwarf wedgemussel (Alasmidonta heterodon), rusty patched
bumble bee (Bombus ffinis), northeastern bulrush (Scirpus ancistrochaetus), or American
chaffseed (Schwalbea americana); threatened species: piping plover (Charadrius melodus),bog
twtle (Glyptemys muhlenbergii), Puritan tiger beetle (Cicindela puritana),northeastern beach tiger
beetle (Cicindela dorsalis), or red krrot (Calidris canutus rufa); or their federally designated
critical habitat; and the specific conditions listed below are met, you may submit this letter to
complete the MA MS4 General Permit Appendix C: Step 4 in place of a concurrence letter for
informal consultation as documentation of ESA eligibility for USFWS Criterion B.
In addition, this letter also satisfies the requirement in the MA MS4 General Permit Appendix
C: Step 2 (3) to contact the USFWS and obtain a concurence letter, if you have not yet done so.
If your project action area includes one or more of the above-listed species and one or more of the
September 24,2018
species listed under Criterion Crr you may still use this letter to certify under Criterion B. All
existing guidance regarding requirements for certifying eligibility according to the USFWS
Criterion A, B, or C for coverage by the 2016 MS4 Permit (see MA MS4 General Permit Appendix
C - Endangered Species Guidance) remains unchanged.
We have determined that proposed stormwater discharge activities covered under the 2016 MS4
Permit may affect, but are not likely to adversely affect, the above-listed species and the species'
critical habitat when the following are true:
l. all stormwater discharges are pre-existing or previously permitted by EPA;
2. any planned operations and maintenance work covered by this permit will only affect
previously disturbed areas where stormwater controls are already installed. In these
situations the chance of encountering any of the subject species is discountable;
3. the project implements EPA MS4 Best Management Practices (BMPs) and meets Clean
Water Act and Massachusetts Water Quality Standards. Although permitted discharges
may reach the environment used by these species, BMPs reduce pollutants to the extent
that discharges are not known to have measurable impacts on these species or their habitat;4. no new construction or structural BMPs are proposed under this permit at this time; and
5. you agree that if, during the course of the permit term, you plan to install a structural BMP
not identified in the Notice of Intent (NOI), you will re-initiate consultation with the
usFws as necessary (see MA MS4 General Permit Appendix c: Step 2 (s)).
If the above criteria are met, further consultation with the USFWS under section 7 of the ESA is
not required at this time; however, if the proposed action changes in any way such that it may
affect a listed species in a manner not previously analyzed or if new information reveals the
presence of additional listed species that may be affected by the project, the applicant or the EPA
should contact us immediately and suspend activities that may affect those species until the
appropriate level of consultation is completed with our office. Thank you for your cooperation,
and please contact David Simmons of this office at (603) 227-6425 if you have questions or need
further assistance.
Sincerely yd'urs\
I Criterion C includes guidance for project action areas that may contain species for which EPA has already
made a determination. These species include the northern long-eared bat (Myotis septentrionalls), sandplain gerardia
(Agalinis acuta), small whorled pogonia (Isotria medeoloides), and/or American burying beetle (Nicrophorus
americanus) (MA MS4 General Permit Appendix C: Step 3 - Determine ifYou Can Meet Eligibility USFWS Criterion
c).
Thomas R Chapman
Supervisor
New England Field Office
United States Department of the Interior
FISH AND WILDLIFE SERVICE
New England Ecological Services Field Office
70 Commercial Street, Suite 300
Concord, NH 03301-5094
Phone: (603) 223-2541 Fax: (603) 223-0104
http://www.fws.gov/newengland
In Reply Refer To:
Consultation Code: 05E1NE00-2018-SLI-2413
Event Code: 05E1NE00-2018-E-05610
Project Name: Brewster MS4
Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
July 17, 2018
07/17/2018 Event Code: 05E1NE00-2018-E-05610 2
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
▪Official Species List
07/17/2018 Event Code: 05E1NE00-2018-E-05610 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
New England Ecological Services Field Office
70 Commercial Street, Suite 300
Concord, NH 03301-5094
(603) 223-2541
07/17/2018 Event Code: 05E1NE00-2018-E-05610 2
Project Summary
Consultation Code:05E1NE00-2018-SLI-2413
Event Code:05E1NE00-2018-E-05610
Project Name:Brewster MS4
Project Type:** OTHER **
Project Description:Stormwater MS4
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/41.747247930345466N70.06801889840821W
Counties:Barnstable, MA
07/17/2018 Event Code: 05E1NE00-2018-E-05610 3
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Birds
NAME STATUS
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Threatened
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Threatened
Roseate Tern Sterna dougallii dougallii
Population: northeast U.S. nesting pop.
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2083
Endangered
1
07/17/2018 Event Code: 05E1NE00-2018-E-05610 4
Insects
NAME STATUS
Rusty Patched Bumble Bee Bombus affinis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9383
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
APPENDIX E
MA MS4 GENERAL PERMIT - APPENDIX D - HISTORIC PROPERTIES DOCUMENTS
APPENDIX F
NEW OR INCREASED DISCHARGES
Location Description Proposed Use Area Contributing Area to MS4 BMP
**Harwood Rd Housing Community Residence 27 acres 27 acres Stormceptor unit and detention pond
** Example of what would be written for a new or increased discharge
New or Increased Discharges
Brewster, MA
APPENDIX G
SSO INVENTORY
LocationDischarge LocationIs Discharge Entering MS4? (Y/N)Date/Time of SSO OccuranceEstimated Volumeof SSO OccuranceKnown/Suspected Cause Mitigation Measures CompletedMitigationImplementation DateMitigation Measures PlannedMitigationImplementation Schedule1 Example Rd Enters into Example PondYesAugust 4, 2016 9:00 AM ‐ August 5, 2016 3:00 PM1,200 gallonsIllicit resident connection Illicit connection removedAugust 8, 2016*The SSO occurance listed above is an exampleSanitary Sewer Overflow (SSO) Inventory Brewster MA
APPENDIX H
CURRENT STORMWATER BYLAW
Chapter 115
ILLICIT CONNECTIONS AND DISCHARGES
GENERAL REFERENCES
Pollution —See Ch.135.Sewers —See Ch.150.
§115-1.Purpose.
§115-2.Definitions.
For the purposes of this bylaw, the following terms are defined as follows:
AUTHORIZED ENFORCEMENT AGENCY —The Department of Public
Works (hereinafter "DPW"),its employees or agents designated to 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 drain system
or into the waters of the United States or Commonwealth of Massachusetts.
GROUNDWATER —Water beneath the surface of the ground.
The regulation of illicit connections and discharges to the municipal
storm drain system is necessary for the protection of the Town of
Brewster's water bodies and groundwater and to safeguard the public
health, safety, welfare and the environment.
A.
The objectives of this bylaw are:
To prevent pollutants from entering the Town of Brewster's
municipal separate storm sewer system (MS4);
(1)
To prevent illicit connections and unauthorized discharges to the
MS4;
(2)
To require removal of all such illicit connections;(3)
To comply with state and federal statutes and regulations relating
to stormwater discharges; and
(4)
To establish the legal authority to ensure compliance with the
provisions of this bylaw through inspection,monitoring,and
enforcement.
(5)
B.
115:1
ILLICIT CONNECTION —A surface or subsurface drain or conveyance,
which allows an illicit discharge into the municipal storm drain system,and
these discharges include 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
drain system that is not composed entirely of stormwater,except as
exempted in §115-7D.The term does not include a discharge in compliance
with an NPDES stormwater discharge permit or a surface water discharge
permit,or a discharge resulting from fire-fighting activities exempted
pursuant to §115-7D 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 SEWER SYSTEM (MS4)or MUNICIPAL
STORM DRAIN SYSTEM —The system of conveyances designed or used for
collecting or conveying stormwater,and this system includes 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
Brewster.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT —A permit that is issued by United
States Environmental Protection Agency or jointly with the Commonwealth
of Massachusetts and that authorizes the discharge of pollutants to waters
of the United States.
NONSTORMWATER DISCHARGE —Discharge to the municipal storm drain
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 shall include, without limitation:
Paints, varnishes, and solvents;A.
Oil and other automotive fluids;B.
Nonhazardous liquid and solid wastes and yard wastes,except dried
leaves;
C.
§115-2 BREWSTER CODE §115-2
115:2
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.
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.
WATERCOURSE —A natural or man-made channel through which water
flows or a stream of water, including a river, brook or underground stream.
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,by-product or waste
product.
WATERS OF THE COMMONWEALTH —All waters within the jurisdiction
of the Commonwealth of Massachusetts,and those waters include,without
limitation,rivers,streams,lakes,ponds,springs,impoundments,estuaries,
wetlands, coastal waters, and groundwater.
Refuse,rubbish,garbage,litter,or other discarded or abandoned
objects, ordnances, accumulations and floatables;
D.
Pesticides, herbicides, and fertilizers;E.
Hazardous materials and wastes;sewage,fecal coliform and
pathogens;
F.
Dissolved and particulate metals;G.
Animal wastes;H.
Rock, sand, salt, soils;I.
Construction wastes and residues; andJ.
Noxious or offensive matter of any kind.K.
§115-2 ILLICIT CONNECTIONS AND DISCHARGES §115-3
115:3
§115-3.Applicability.
This bylaw applies to any and all flows entering the municipally owned
storm drainage system.
§115-4.Authority.
This bylaw is adopted under the authority granted by the Home Rule
Amendment of the Massachusetts Constitution,the Home Rule statutes,and
the regulations of the federal Clean Water Act found at 40 CFR 122.34.
Nothing in this bylaw is intended to replace the requirements or authority
of any other bylaw, state, federal or superseding authority.
§115-5.Responsibility for administration.
The DPW shall administer,implement and enforce this bylaw.Any powers
granted to or duties imposed upon the DPW may be delegated in writing by
the DPW to employees or agents of the DPW.The Brewster Board of Health,
Natural Resources Director or the Building Commissioner may act as an
agent of the DPW.
§115-6.Regulations.[Amended 11-13-2017 FYTM,Art. 13]
The DPW,through the Select Board and following a public hearing,may
promulgate rules and regulations to effectuate the purposes of this bylaw.
Failure by the DPW to promulgate such rules and regulations shall not have
the effect of suspending or invalidating this bylaw.
§115-7.Prohibited activities.
Illicit Discharge.No person shall dump,discharge,cause or allow
to be discharged any pollutant,or nonstormwater discharge into the
municipal separate storm sewer system (MS4),into a watercourse,or
into the waters of the commonwealth or abutting property.
A.
Illicit Connection.No person shall construct,use,allow,maintain or
continue any illicit connection to the municipal storm drain system,
regardless of whether the connection was permissible under applicable
law, regulation or custom at the time of connection.
B.
Obstruction of the Municipal Storm Drain System.No person shall
obstruct or interfere with the normal flow of stormwater into or out of
the municipal storm drain system without prior written approval from
the DPW.
C.
Exemptions.
Discharge or flow resulting from fire-fighting activities;(1)
The following nonstormwater discharges or flows are exempt from
the prohibition of nonstormwaters provided that the source is not
(2)
D.
§115-3 BREWSTER CODE §115-7
115:4
a significant contributor of a pollutant to the municipal storm drain
system.
Waterline flushing;(a)
Flows from potable water sources;(b)
Springs;(c)
Natural flows from riparian habitats and wetlands;(d)
Diverted stream flow;(e)
Rising groundwater;(f)
Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20),1 or uncontaminated pumped groundwater (e.g.,
sump pump or crawl space pump),provided that where a pump
intake exists inside a structure,the operator seeks a permit
from the DPW prior to discharge,and thereafter discharges in
accordance with the requirements of the permit and applicable
laws and regulations to be issued by the DPW;
(g)
Water from exterior foundation drains,footing drains (not
including active groundwater dewatering systems),or air
conditioner condensation;
(h)
Discharge from landscape irrigation or lawn watering;(i)
Water from individual residential vehicle washing,including
but not limited to cars,boats and recreational vehicles.It is
recommended that washing take place on a pervious surface,
such as a lawn or other unpaved area;
(j)
Discharges from dechlorinated swimming pool water (less than
one part per million chlorine),provided that the owner seeks
a permit from the DPW prior to discharge,and thereafter
discharges in accordance with the requirements of the permit
and applicable laws and regulations to be issued by the DPW,
and provided the water is allowed to stand for one week prior
to draining,or tested for chlorine levels with a pool test kit
prior to draining,and the pool is drained in such a way as to
not cause a nuisance;
(k)
Discharge from street sweeping;(l)
Dye testing,provided that verbal notification is given to the
DPW prior to the time of the test,preferably at least 72 hours
prior to the start of the test;
(m)
Nonstormwater discharge permitted under a National
Pollutant Discharge Elimination System (NPDES)permit,or
(n)
1.Editor's Note: See 40 CFR 35.2005(b)(20).
§115-7 ILLICIT CONNECTIONS AND DISCHARGES §115-7
115:5
§115-8.Emergency suspension of storm drainage system access.
§115-9.Notification of spills.
Notwithstanding other requirements of local,state or federal law,as soon
as any person responsible for a facility or operation,or responsible for
emergency response for a facility or operation,has information of any
known or suspected release of materials at that facility or operation which is
resulting or may result in discharge of pollutants to the municipal drainage
system or waters of the commonwealth,that 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 Brewster Fire and Police Departments,DPW and Board of Health.In
the event of a release of nonhazardous material,the reporting person shall
notify the DPW no later than the next business day.Written confirmation of
waste discharge order administered under the authority of the
United States Environmental Protection Agency,provided that
the discharge is in full compliance with the requirements of the
permit,waiver or order and applicable laws and regulations;
and
Discharges for which advanced written approval is received
from the DPW as necessary to protect public health,safety,
welfare or the environment.
(o)
The DPW 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 or may present 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 DPW may take all
reasonable steps to prevent or minimize harm to the public health,
safety, and welfare of the environment.
A.
Any user that denies the authorized enforcement agency reasonable
access to the user's premises for the purpose of inspection,monitoring,
records examination,or sampling of nonstormwater or stormwater
discharges is subject to discharge termination.
B.
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution.In the event of a user's failure to
immediately comply voluntarily with the suspension order,the
authorized enforcement agency may take such steps,as deemed
necessary,including immediate severance of the sewer or storm drain
connection,to prevent or minimize damage to the municipal storm
drain system or its receiving stream,or endangerment to any
individuals.The authorized enforcement agency may allow the user
to recommence its discharge when the user has demonstrated to the
satisfaction of the authorized enforcement agency that the period of
endangerment has passed.
C.
§115-7 BREWSTER CODE §115-9
115:6
all telephone,facsimile or in-person notifications shall be provided to the
DPW 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.
§115-10.Enforcement; violations and penalties.
The DPW or an authorized agent of the DPW shall enforce this bylaw,
regulations,orders,violation notices,and enforcement orders and may
pursue all civil and criminal remedies for such violations.
A.
Civil relief.If a person violates the provisions of this bylaw or of the
regulations,permits,notices,or orders issued thereunder,the DPW
may seek injunctive relief in a court of competent jurisdiction to
restrain the person from activities which would create further
violations or to compel the person to perform abatement or remediation
of the violation.
B.
Orders.The DPW or an authorized agent of the DPW may issue a
written order to enforce the provisions of this bylaw or the regulations
thereunder, and these orders may require:
Elimination of illicit connections or discharges to the MS4;(1)
Performance of monitoring, analyses, and reporting; and(2)
Remediation of contamination in connection therewith.(3)
C.
If the enforcing person 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 the expenses thereof shall be
charged to the violator.
D.
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
objection to the amount or basis of costs with the DPW 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 DPW 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.
E.
§115-9 ILLICIT CONNECTIONS AND DISCHARGES §115-10
115:7
§115-11.Severability.
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.
§115-12.Transitional provisions.
Residential property owners shall have 120 days from the effective date of
the bylaw to comply with its provisions,provided that good cause is shown
for the failure to comply with the bylaw during that period.
Criminal penalty.Any person who violates any provision of this bylaw,
regulation,order or permit issued thereunder shall be punished by a
fine of $100.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
provision set forth in MGL c 40,§21D for any violation of this bylaw
or of any regulations,permit,notice,or order issued under it.The
enforcing person shall be any member of the Department of Public
Works, or the Police Department.
G.
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 DPW,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 DPW deems reasonably
necessary.
H.
Appeals.The decisions or orders of the DPW shall be final.Further
relief shall be to a court of competent jurisdiction.
I.
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.
J.
§115-10 BREWSTER CODE §115-12
115:8
APPENDIX I
2018 ANNUAL REPORT SELF EVALUATION
ANNUAL EVALUATION FOR YEARS 1 -5+
APPENDIX J
MINIMUM CONTROL MEASURES BMPs
BMP ID BMP Categorization BMP Description Targeted Audience
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1 Brochures/Pamphlets
Publish outreach
materials; Distribute
new resident packets to
residents within
Wetland Protection
Areas; Distribute pet
waste control
information to residents
when they (re)apply for
a pet license; distribute
information to septic
maintenance
contractors.
Residents (1) DPW Operations, Health Department
Distribution of a
minimum of two (2)
educational messages
over the permit term (5
years)
2018
R2 Brochures/Pamphlets
Include information in
permit materials.
Businesses, Institutions, and
Commercial Facilities (2)Building Permitting and Enforcement
Distribution of a
minimum of two (2)
educational messages
over the permit term (5
years)
2018
R3 Brochures/Pamphlets
Include information in
permit materials; Review
and Update application
forms to meet the new
requirements.
Developers (construction) (3) Building Permitting and Enforcement
Distribution of a
minimum of two (2)
educational messages
over the permit term (5
years)
2018
R4 Brochures/Pamphlets
Distribute information to
industrial groups based
on zoning and property
use.
Industrial Facilities (4) Planning/Zoning Department
Distribution of a
minimum of two (2)
educational messages
over the permit term (5
years)
2018
R5 Web Page
Develop/maintain
stormwater website
and/or utilize Town
social media for
outreach. Provide
specific information
directed towards
residences.
Residents (1) IT Department
Town web site is
operational with water
quality links available
through multiple
committee and
department pages
2018
R6 Web Page
Develop/maintain
stormwater website
and/or utilize Town
social media for
outreach. Provide
specific information
directed towards
businesses, institutions,
and commercial facilities
Businesses, Institutions, and
Commercial Facilities (2)IT Department
Town stormwater web
site is operational and
includes section directed
toward targeted
audience
2018
R7 Web Page
Develop/maintain
stormwater website
and/or utilize Town
social media for
outreach. Provide
specific information
directed towards
developers
Developers (construction) (3) IT Department
Town stormwater web
site is operational and
includes section directed
toward targeted
audience
2018
R8 Web Page
Develop/maintain
stormwater website
and/or utilize Town
social media for
outreach. Provide
specific information
directed towards
industrial facilities
Industrial Facilities (4) IT Department
Town stormwater web
site is operational and
includes section directed
toward targeted
audience
2018
1A School
Curricula/Programs
Brewster Conservation
Day Residents Water Department
Distribute information
on water quality 2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #1 - Public Education and Outreach
Page 1 of 6
BMP ID BMP Categorization BMP Description
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1 Public Review SWMP Review DPW Operations, IT Department
Allow annual review of
stormwater
management plan and
posting of stormwater
management plan on
website
2018
R2 Public Participation SWMP Review DPW Operations, IT Department
Allow public to comment
on stormwater
management plan
annually
2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #2 - Public Involvement and Participation
Page 2 of 6
BMP ID BMP Categorization BMP Description
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1 SSO Inventory
Develop septic inventory in
accordance with permit conditions DPW Operations, Board of Health
Complete within 1 year
of effective date of
permit
2018
R2 Storm Sewer System
Map
Create map and update during IDDE
program completion DPW Operations
Update map within 2
years of effective date of
permit and complete full
system map 10 years
after effective date of
permit
2018
R3 Written IDDE Program
Development Create written IDDE program DPW Operations
Complete within 1 year
of the effective date of
permit and update as
required
2018
R4 Implement IDDE
Program
Implement catchment investigations
according to program and permit
conditions
DPW Operations Complete 10 years after
effective date of permit 2018
R5 Employee Training
Train employees on IDDE
implementation DPW Operations Train annually 2018
R6 Conduct Dry Weather
Screening
Conduct in acordance with outfall
screening procedure and permit
conditions
DPW Operations Complete 3 years after
effective date of permit 2018
R6 Conduct Wet Weather
Screening
Conduct in acordance with outfall
screening procedure DPW Operations Complete 10 years after
effective date of permit 2018
R7 Ongoing Screening
Conduct dry weather and wet
weather screening as necessary DPW Operations
Complete ongoing
outfall screening upon
completion of IDDE
program
2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #3 - Illicit Discharge Detection and Elimination (IDDE) Program
Page 3 of 6
BMP ID BMP Categorization BMP Description
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1
Site inspection and
enforcement of Erosion
and Sediment Control
(ESC) measures
Complete written procedures of site
inspections and enforcement
procedures
Conservation Committee
Complete within 1 year
of the effective date of
permit
2018
R2 Site plan review
Complete written procedures of site
plan review and begin
implementation
Planning Board, Conservation Committee
Complete within 1 year
of the effective date of
permit
2018
R3 Erosion and Sediment
Control
Adoption of requirements for
construction operators to implement
a sediment and erosion control
program
Conservation Committee
Complete within 1 year
of the effective date of
permit
2018
R4 Waste Control
Adoption of requirements to
control wastes, including but not
limited to, discarded building
materials, concrete truck wash out,
chemicals, litter, and sanitary wastes
Planning Board, Conservation Committee
Complete within 1 year
of the effective date of
permit
2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #4 - Construction Site Stormwater Runoff Control
Page 4 of 6
BMP ID BMP Categorization BMP Description
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1 As‐built plans for on‐
site stormwater control
The procedures to require
submission of as‐built drawings and
ensure long term operation and
maintenance will be a part of the
SWMP
DPW Construction, Planning Board
Require submission of as‐
built plans for
completed projects
2018
R2
Inventory and priority
ranking of MS4‐owned
properties that may be
retrofitted with BMPs
Conduct detailed inventory of
MS4 owned properties and rank for
retrofit potential
DPW Construction, Planning Board
Complete 4 years after
effective date of permit
and report annually on
retrofitted properties
2018
R3 Allow green
infrastructure
Develop a report assessing existing
local regulations to determine the
feasibility of making green
infrastructure practices allowable
when appropriate site conditions
exist
DPW Construction, Planning Board
Complete 4 years after
effective date of permit
and implement
recommendations of
report
2018
R4 Street design and
parking lot guidelines
Develop a report assessing
requirements that affect the creation
of impervious cover. The assessment
will help determine if changes to
design standards for streets and
parking lots can be modified to
support low impact design options
DPW Construction, Planning Board
Complete 4 years after
effective date of permit
and implement
recommendations of
report
2018
R5
Ensure any stormwater
controls or
management practices
for new development
and redevelopment
meet the retention or
treatment requirements
of the permit and all
applicable requirements
of the Massachusetts
Stormwater Handbook
Adoption, amendment or
modification of a regulatory
mechanism to meet permits
requirements
DPW Construction, Planning Board Complete 2 years after
effective date of permit 2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #5 - Stormwater Management in New Development and Redevelopment
Page 5 of 6
BMP ID BMP Categorization BMP Description
Responsible
Department/Parties Measurable Goal Beginning Year of
Implementation
R1 O&M procedures
Create written O&M procedures for
parks and open spaces, buildings and
facilities, and vehicles and equipment
DPW Operations
Complete and
implement 2 years after
effective date of permit
2018
R2
Inventory all permittee‐
owned parks and open
spaces, buildings and
facilities (including their
storm drains), and
vehicles and equipment
Create inventory DPW Operations
Complete 2 years after
effective date of permit
and implement annually
2018
R3 Infrastructure O&M
Establish and implement program for
repair and rehabilitation of MS4
infrastructure
DPW Operations Complete 2 years after
effective date of permit 2018
R4
Stormwater Pollution
Prevention Plan
(SWPPP)
Create Stormwater Pollution
Prevention Plan (SWPPP) for
maintenance garages, transfer
stations and other waste‐ handling
facilities
DPW Operations, Conservation Committee
Complete and
implement 2 years after
effective date of permit
2018
R5 Catch Basin Cleaning
Establish schedule for catch basin
cleaning such that each catch basin is
no more than 50% full and clean
catch basins on that schedule
DPW Operations
Clean catch basins on
established schedule and
report number of catch
basins cleaned and
volume of material
moved annually
2018
R6 Street Sweeping
Program
Sweep all strets and permitee‐owned
parking lots in accordance with
permit conditions
DPW Operations
Sweep all streets and
permitee‐owned parking
lots once per year in the
spring
2018
R7 Road Salt use
optimization program
Establish and implement a program
to minimize the use of road salt DPW Operations
Implement salt use
optimization during
deicing season
2018
R8
Inspections and
maintenance of
stormwater treatment
structures
Establish and implement inspection
and maintenance procedures and
frequencies
DPW Operations
Inspect and maintain
treatment structures at
least annually
2018
Town of Brewster, Massachusetts
MA MS4 General Permit - Control Measures
CM #6 - Good House Keeping and Pollution Prevention for Permittee Owned Operations
Page 6 of 6