Posted by Mike Abell (170.63.46.123) on September 26, 2002 at 08:11:11:
In Reply to: storm water run-off,going on to some ones land posted by jean p laflamme on September 23, 2002 at 20:14:01:
Its a tough question in terms of stormwater flowing on to another's land. The regs address (?dodge?) the issue by 10.05 (6) (i) An Order of Conditions does not grant any property rights...; it does not authorize any injury to private property or invasion of property rights.
Had overland flow traveled in that direction prior to development?
As far as "control/say over/authority, If there is a discrete discharge(pipe or channel/swale) to a zone of jurisdiction of the Commission, then that discharge point is within the control of the Commission.
Under 10.06 it states "The Order shall impose conditions setting limits on the quantity and quality of discharge from a point source (Both closed and open channel), when said limits are necessary to protect the interests identified in MGL ch 131 sec 40;...
The stormwater policy (vols I & II) contain the methodology reccomended by DEP for evaluating discharges in the context of 10.06.
Lengthy but I hope this helps.