The City of Malden has enacted ordinances in order to comply with state and federal regulations and to manage stormwater in a responsible and sustainable manner. The City of Malden is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Malden will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Malden, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Malden has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
POST- CONSTRUCTION STORM WATER MANAGEMENT PLAN - FORM, CONTENTS & DESIGN STANDARDS
The Plan shall be meet the following standards:
- No new stormwater conveyances shall discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth;
- Post-development peak discharge rates shall not exceed pre-development peak discharge rates;
- Post-development annual recharge to groundwater shall approximate the pre-development recharge rate, based on soil types;
- For new development, stormwater management systems shall remove 80% of the average annual load to total suspended solids. This standard will be presumed to be met when:
- suitable nonstructural practices for source control and pollution prevention are implemented;
- stormwater management best practices are sized to capture the prescribed runoff volume; and
- stormwater management best practices are maintained as designed;
- Stormwater discharges from areas with higher potential pollutant loads use specific stromwater management best practices, as established in the Stormwater Policy Handbook;
- stormwater discharges to shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies utilize stormwater management best practices approved for critical areas, as established in the Stormwater Policy Handbook;
- For redevelopment, Stormwater Management Standards must be met to the maximum extent practicable through retrofitted or expanded stormwater management systems;
- Erosion and sediment controls must prevent impacts during construction activities.
In lieu of meeting one or more of the standards set forth here, an applicant may demonstrate that an equivalent level of environmental protection will be provided.
OPERATION AND MAINTENANCE PLANS
The Operation and Maintenance Plan shall be designed to insure compliance with the permit and shall be signed by the property owners, shall include the name of the owner of each component of the Stormwater Management system and shall contain a maintenance agreement specifying:
- Names and addresses of persons responsible for operation and maintenance of the stormwater management system;
- Names and addresses of the persons responsible for financing maintenance and emergency repairs of the stormwater management system;
- A maintenance schedule for all drainage structures, including swales and ponds;
- A listing of easements with the purpose and location of each and shall include easements providing:
- access for facility inspections and maintenance;
- preservation of stormwater runoff conveyance, infiltration and detention areas and facilities, including flood routes for the 100 year storm event;
- direct maintenance access by heavy equipment to structures requiring regular cleanout.
Unless waived by the City Engineer, easements shall be required for all areas used for off-site stormwater control and shall be recorded in the Middlesex County Registry of Deeds.
The City Engineer may issue a written order to enforce the provisions of this ordinance, including but not limited to:
- An order to cease and desist from activity pending compliance with this ordinance or a permit issued thereunder;
- Maintenance, installation or performance of additional erosion and sediment control measures;
- Monitoring, analyses and reporting;
- Remediation of erosion and sedimentation resulting directly or indirectly from land disturbing activity.
Where abatement or remediation is required, the order shall set forth a deadline for completion of said abatement or remediation. Said order shall state that, failure to abate the violation or perform the required remediation within the specified time, may result in the city undertaking such work at the expense of the owner.
The city shall, within 30 days of completing abatement or remediation of a violation, notify the property owner of cost incurred in remediation, including administrative costs. If the amount due is not received within 30 days of notification or within thirty days following a final decision of a court of competent jurisdiction affirming or reducing the costs, the costs shall become a special assessment and shall constitute a lien on the owners property for the amount of said costs. Costs remaining unpaid more than 31 days after becoming due shall accrue interest at the rate provided by law.
The City Engineer and his authorized agents may purpose any civil and criminal remedy available in law and in equity to enforce the provisions of this ordinance or permits issued thereunder and may also punish violations in the manner provided in Massachusetts General Laws Chapter 40, Section 21D by a fine of $300.00. Every twenty-four hours during which a violation exists shall constitute a separate offense punishable by an additional fine.