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5223-11-m0719-rpt Copyright 2018 Milone & MacBroom, Inc. Postconstruction Stormwater Management Operation and Maintenance Plan Burts Pit Road Northampton, Massachusetts May 7, 2019 Prepared for: CED Northampton Solar, LLC Con Edison Development 100 Summit Lake Drive Valhalla, New York 10595 Prepared by: MILONE & MACBROOM, INC. One Financial Plaza 1350 Main Street, Suite 1012 Springfield, Massachusetts 01103 (413) 241-6920 www.mminc.com MMI #5223-11 Operation and Maintenance Plan TC - i May 7, 2019 TABLE OF CONTENTS 1.0 CONTACT INFORMATION/RESPONSIBLE PARTIES ............................................................. 1 2.0 GOOD HOUSEKEEPING PRACTICES .......................................................................................... 2 2.1 Material Handling and Waste Management ............................................................................................................. 2 2.2 Site Maintenance/Cleanup ............................................................................................................................................... 2 2.3 Staff Training Program....................................................................................................................................................... 2 3.0 SPILL PREVENTION AND CONTROL PLAN ............................................................................. 3 3.1 Spill Prevention Control .................................................................................................................................................... 3 3.2 Illicit Discharges .................................................................................................................................................................... 3 4.0 SCHEDULE FOR INSPECTION AND MAINTENANCE ........................................................... 4 LIST OF APPENDICES Stormwater Management Operation, Maintenance and Inspection Agreement .................................. Appendix A Operation and Maintenance Plan 1 May 7, 2019 1.0 CONTACT INFORMATION/RESPONSIBLE PARTIES Operator(s): CED Northampton Solar, LLC Con Edison Development 100 Summit Lake Drive, Suite 410 Valhalla, New York 10595 Project Manager(s) or Site Supervisor(s): Mr. Gavin Nagle Con Edison Development 100 Summit Lake Drive, Suite 410 Valhalla, New York 10595 Phone: (914) 365-0118 E-Mail Address: NagleG@conedsolutions.com Operation and Maintenance Plan 2 May 7, 2019 2.0 GOOD HOUSEKEEPING PRACTICES 2.1 Material Handling and Waste Management 2.1.1 No storage of waste or hazardous materials will generally be permitted by CED Northampton Solar, LLC unless required for specific repairs or maintenance tasks of the facility. Storage of materials and handling will comply with the following requirements: 2.1.1.1 All materials shall be stored in a neat, orderly manner in their appropriate containers and if possible under a roof or other enclosure. 2.1.1.2 Products shall be kept in their original containers with the original manufacturer's label. 2.1.1.3 Substances shall not be mixed with one another unless recommended by the manufacturer. 2.1.1.4 Manufacturers' recommendations for proper use and disposal shall be followed. 2.1.2 Generation of waste is not anticipated from the project after completion. 2.2 Site Maintenance/Cleanup 2.2.1 The site will be reviewed biannually for any generation of trash or debris that has accumulated. These materials will be collected and disposed of in a proper manner. 2.2.2 CED Northampton Solar, LLC will be responsible for scheduling the activity each year. 2.3 Staff Training Program 2.3.1 Personnel should meet the minimum training requirements to conduct the respective operation and maintenance tasks. 2.3.2 Personnel should have the required training to effectively carry out the responsibilities of their positions. Operation and Maintenance Plan 3 May 7, 2019 3.0 SPILL PREVENTION AND CONTROL PLAN 3.1 Spill Prevention Control The following provisions are the material management practices that shall be used to reduce the risk of spills or other accidental exposure of materials and substances to stormwater runoff. The site owner or designated contractor will be responsible for preparing a project-area-specific spill control plan in accordance with local and Massachusetts Department of Environmental Protection (MassDEP) regulations. The plan should describe procedures and practices for controlling fuel and hydraulic fluids from machinery. A spill kit consisting of absorbent materials should be available on site in a predesignated location during site construction or for specific postconstruction activities that require the use of construction equipment. At a minimum, this plan should indicate or include the following: • Reduce stormwater contact if there is a spill. • Contain the spill. • Stop the source of the spill. • Dispose of contaminated material in accordance with manufacturer's procedures and MassDEP regulation. • Identify responsible and trained personnel. • Ensure that the spill area is well ventilated. 3.2 Illicit Discharges 3.2.1 All illicit discharges to the stormwater management system are prohibited. These discharges include but are not limited to wastewater, stormwater contaminated by contact with process waste, raw materials, toxic pollutants, hazardous substances, oil, or grease. To my knowledge, there are no existing illicit discharges on the site. I, hereby certify that I have read and understand that any illicit discharges to the stormwater management system are prohibited. Signature: Date: _____________________ K Operation and Maintenance Plan 4 May 7, 2019 4.0 SCHEDULE FOR INSPECTION AND MAINTENANCE This inspection and maintenance schedule has been prepared to ensure that the proposed stormwater management facility functions are designed according to the Stormwater Management Policy issued by the MassDEP. The policy defines Stormwater Management Standards as guidelines for stormwater management. The standards address water quality and quantity using nonstructural measures, site planning, and best management practices (BMPs). An inspection and maintenance schedule is necessary for the BMPs to continue to function properly and as designed. During construction, stormwater management facilities will be cleaned/maintained as required based upon inspection. The cleaning and maintenance BMPs during construction include removing sediment, replacing or repairing any damaged structure or pipe, and ensuring that soil erosion is kept to a minimum. The owner will be responsible for inspection and maintenance during construction. Best Management Practices Stormwater Management Basin The stormwater management basin shall be inspected at least four times per year. Accumulated sediment shall be removed when depth exceeds 6 inches, and grass shall be mowed to a height of 4 inches. Check for rills or gullies and repair as necessary. Remove the sediment by hand (i.e., a person with a shovel) so as not to disturb underlying vegetation and soils. Grass Area Within Solar Facility and Below PV Solar Array Panel Rows The grass area around and below the PV solar arrays shall be inspected semiannually the first year and at least once a year thereafter. Site inspections shall also be conducted after major storm events (generally after storms greater than 3 inches in 24 hours). Inspect for sufficient grass growth within the solar array facility and on the side slopes for signs of erosion or formation of rills or gullies. Inspect the grass area below the leading edge of PV solar array panel rows for rills and erosion and restore with loam and seed as needed. Remove accumulated trash or debris prior to mowing operations. Mow grass to a height no less than 4 inches, and mow on an as- needed basis to keep the height no more than 6 inches. Check on a yearly basis the amount of sediment buildup and remove on an as-needed basis. Remove accumulated sediment by hand (i.e., a person with a shovel) so as not to disturb underlying vegetation and soils. Records shall be maintained by CED Northampton Solar, LLC at its offices as described above and shall document all routine and emergency maintenance work performed by CED Northampton Solar, LLC to the stormwater management system and shall bear the signature of the individual supervising the work. Annual reports documenting the inspection, maintenance, and proper functioning of the stormwater management system in accordance with the approved design shall be certified by a registered professional engineer and submitted to the Northampton Department of Public Works and the Northampton Office of Planning and Development no later than October 1 of each year. The annual report shall document any deficiencies in function or maintenance of the stormwater management system and include a plan to correct the deficiencies. Operation and Maintenance Plan 5 May 7, 2019 INSPECTION AND MAINTENANCE LOG ITEM DATE OF INSPECTION AND REQUIRED MAINTENANCE MAINTENANCE TO BE PROVIDED/COMMENTS DATE MAINTENANCE COMPLETE Stormwater Management Basin Grass Area Within Solar Facility and Below PV Solar Array Panel Rows Inspected by: Date: _________________ 5223-11-o1018-1-rpt Operation and Maintenance Plan May 7, 2019 APPENDIX A STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT Northampton O&M Agreement.docx Page 1 of 3 STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 THIS AGREEMENT, made and entered into this ___ day of ____________, 20___, by and between (Insert Full Name of Owner) CED Northampton Solar, LLC hereinafter called the "Landowner", and the City of Northampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) Burts Pit Road as described as (City of Northampton Assessors Map/Parcel/Lot Number) Assessor’s Map 35/Parcels 079 &080/Lots 001 & 001 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 1583 & 1157 Page 727 & 444 , hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as , (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City, which provides for the conveyance, treatment, and/or detention of stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Northampton, Massachusetts, require that on-site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site stormwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the Northampton Stormwater Management Ordinance (Chapter 281 of the City’s Code of Ordinance), the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on-site stormwater management facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plans and documents reviewed and approved by the Northampton Department of Public Works (DPW). 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management facilities according to the maintenance schedule described in the Postconstruction Stormwater Management Operation & Maintenance Plan. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions and so that water quality standards are met in all seasons and throughout the life of the stormwater system. 3. The Landowner, its successors and assigns, shall inspect the stormwater management facility; and shall submit an annual report documenting the inspection and maintenance of the stormwater management system as certified by a Registered Professional Engineer or other qualified Northampton O&M Agreement.docx Page 2 of 3 stormwater professional as approved by the DPW and submitted to the Northampton Department of Public Works by October 1st each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, stormwater systems, berms, outlet structure, pond areas, access roads, etc. Deficiencies and a plan to correct deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies, inspect the stormwater management facilities when annual reports have not been submitted and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management facilities in good working condition acceptable to the City, and if after notice by the City Engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the Landowner, its successors and assigns within thirty days, the City may enter upon the Property and perform all necessary work to place the facility in proper working condition and assess the costs of such work and any penalties to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. This Agreement imposes no liability of any kind whatsoever on the City; and further the Landowner agrees to hold the City harmless from any liability in the event the stormwater management facilities fail to operate properly. 8. The Landowner, its successors and assigns, including any homeowners association, shall provide stormwater management easements as necessary for all areas used for off-site stormwater control, preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event, and access for facility maintenance and inspection. A list of easements with the purpose and location of each shall be specified in Attachment B. The Landowner, its successors and assigns shall record all easements in the land records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts. 9. The Landowner, its successors and assigns, shall notify the DPW of any changes in ownership, assignment of financial responsibility, reconstruction of the approved stormwater management facilities and/or amendments to the maintenance schedule described in Attachment A. The maintenance schedule described in Attachment A may be amended to achieve the purpose of the Northampton Stormwater Management Ordinance by mutual agreement of the DPW and the Landowner, its successors and assigns. Amendments shall be in writing and signed by the DPW and all responsible parties. 10. This Agreement shall be recorded by the property owners or at the property owners expense among the land records of Hampshire County, Commonwealth of Massachusetts, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. Northampton O&M Agreement.docx Page 3 of 3 WITNESS the following signatures and seals: _____________________________________________ Company/Corporation/Partnership Name (Seal) By: _____________________________________________ _____________________________________________ (Type Name) ______________________________________________ (Type Title) COMMONWEALTH OF MASSACHUSETTS County of Hampshire On this _____ day of ________________, 20___, before me, the undersigned notary public, personally appeared _________________________, proved to me through satisfactory evidence of identification, which was a Driver’s License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. _______________________________________ NOTARY PUBLIC My Commission Expires: ____________ CITY OF NORTHAMPTON By: ________________________________________ David J. Narkewicz, Mayor COMMONWEALTH OF MASSACHUSETTS County of Hampshire On this _____ day of ________________, 20___, before me, the undersigned notary public, personally appeared _________________________, proved to me through satisfactory evidence of identification, which was a Driver’s License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. _______________________________________ NOTARY PUBLIC My Commission Expires: ____________