As used in this Division 6, the following terms shall have the
meanings indicated:
ABUTTER
The owner(s) of land abutting the activity.
AGRICULTURE
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and its implementing regulations.
ALTERATION OF DRAINAGE CHARACTERISTICS
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
APPLICANT
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government to the extent permitted
by law requesting a soil erosion and sediment control permit for proposed
land-disturbance activity.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site.
DEVELOPMENT
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
DISTURBANCE OF LAND
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel or similar earth material.
EROSION
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
EROSION AND SEDIMENTATION CONTROL PLAN
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a certified professional
in erosion and sedimentation control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction-related
land disturbance activities.
GRADING
Changing the level or shape of the ground surface.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
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.
LAND-DISTURBING ACTIVITY
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT
MGL c. 131A and its implementing regulations at 321 CMR 10.00
which prohibit the "taking" of any rare plant or animal species listed
as endangered, threatened, or of special concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act (MGL c. 131, § 40) and Massachusetts Clean
Waters Act (MGL c. 21, §§ 23 through 56). The policy
addresses stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including 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 City of Fall River.
OPERATION AND MAINTENANCE PLAN
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OUTFALL
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of the commonwealth.
OUTSTANDING RESOURCE WATERS (ORWS)
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociological, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Stormwater Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
OWNER
A person with a legal or equitable interest in property.
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.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
PRIORITY HABITAT OF RARE SPECIES
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
SITE
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
SLOPE
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
SOIL
Any earth, sand, rock, gravel, or similar material.
STABILIZATION
The use, singly or in combination, of mechanical, structural,
or vegetative methods to prevent or retard erosion.
STORMWATER
Stormwater runoff, snow melt runoff, and surface water runoff
and drainage.
STRIP
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
TSS
Total suspended solids.
This Division 6 is adopted under authority granted by the Home
Rule Amendment of the Massachusetts Constitution, the Home Rule statutes
and pursuant to the regulations of the Federal Clean Water Act found
at 40 CFR 122.34, published in the Federal Register on December 8,
1999.
The Site Plan Review Committee may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by Corporation Counsel, and be in an amount deemed sufficient by the Site Plan Review Committee to ensure that the work will be completed in accordance with the permit. If the project is phased, the Site Plan Review Committee may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Site Plan Review Committee has received the final inspection report as required by §
74-154 and issued a certificate of completion.
The Site Plan Review Committee will issue a letter certifying
completion upon receipt and approval of the final inspection reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this Division 6.
The issuing authority will issue a letter certifying completion
upon receipt and approval of the final reports and/or upon otherwise
determining that all work of the permit has been satisfactorily completed
in conformance with this Division 6.