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Stormwater committee denies SWIP waiver for Horton Street lots, directs applicant to contact EPA
Summary
The committee unanimously denied a request to waive the federal Stormwater Pollution Prevention Plan (SWIP) for three Horton Street lots after staff and the town engineer said the committee cannot waive an EPA requirement; the applicant was advised to submit a notice of intent to EPA under the Construction General Permit.
The Dighton Stormwater Committee voted July 21 to deny builder Frank Luongo's request to waive a federal Stormwater Pollution Prevention Plan (SWIP) for three Horton Street house lots after staff concluded the committee lacks authority to waive a federal requirement.
Chair Nancy Gulot explained the committee's legal position and recommended the applicant pursue the EPA Construction General Permit process: "Notify Mr. Luongo that the committee denied the request to waive the requirement for a SWIP and advise him to contact the EPA regarding notice of intent permit application," she said. The motion was moved, seconded and carried by unanimous vote.
Town engineer Jim Reardon explained the federal size threshold and the practical path forward: "The size threshold is 40,000 square feet for new development like this," he said, describing how a notice of intent (NOI) to EPA triggers either EPA review or the applicant's obligation to implement an EPA‑approved SWIP. Conservation and staff noted that even if the committee could act locally, the federal requirement still applies and a local "waiver" would not eliminate the need to submit to EPA.
Committee members emphasized that the applicant had been cooperative and that the committee's action aimed to protect the town's NPDES obligations while recognizing the project's late notification to stormwater staff. The committee will notify the applicant that the waiver is denied and provide guidance on filing an NOI with EPA.
