Definitions applicable to this bylaw are as follows:
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 land disturbance 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.
CERTIFICATE OF COMPLETION (COC)
A document issued by the Planning Board after all construction
activities have been completed, which states that all conditions of
an issued land disturbance permit have been met and that a project
has been completed in compliance with the conditions set forth in
the SWMP.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
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 that may adversely impact water quality.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States or the commonwealth from any source.
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 a 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 and erosion and sedimentation during preconstruction and construction-related
land disturbance activities.
GRUBBING
The act of clearing land surface by digging up roots and
stumps.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system, including,
without limitation, sewage, process wastewater, or wash water, and
any connections from indoor drains, sinks, or toilets, regardless
of whether said connection was previously allowed, permitted, or approved
before the effective date of this bylaw.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Article
II, §
232-202D. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to Article
II, §
232-202D of this Stormwater Management Bylaw.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water from infiltrating the underlying soil. "Impervious surface"
includes, without limitation, roads, paved parking lots, sidewalks,
and rooftops.
IMPOUNDMENT
A stormwater pond created by either constructing an embankment
or excavating a pit which retains a permanent pool of water.
INFILTRATION
The act of conveying surface water into the ground to permit
groundwater recharge and the reduction of stormwater runoff from a
project site.
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 (MESA)
MGL c. 131A and its implementing regulations, 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 STANDARDS
The standards issued by the Department of Environmental Protection,
and as amended, that coordinate the requirements prescribed by state
regulations promulgated under the authority of Massachusetts Wetlands
Protection Act MGL c. 131 § 40, and Massachusetts Clean
Waters Act MGL c. 21, § 26-53. The policy addresses stormwater
impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity
and quality 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 Town of Foxborough.
NEW DEVELOPMENT
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
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
into waters of the commonwealth.
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.
POLLUTANT
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth.
Pollutants shall include, without limitation:
A.
Paints, varnishes, and solvents;
B.
Oil and other automotive fluids;
C.
Nonhazardous liquid and solid wastes and yard wastes;
D.
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordinance, accumulations and floatables;
E.
Pesticides, herbicides, and fertilizers;
F.
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
G.
Dissolved and particulate metals;
J.
Construction wastes and residues; and
K.
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
RECHARGE
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
REDEVELOPMENT
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of "new development." (See above.)
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
Runoff from precipitation or snow melt and surface water
runoff and drainage.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
Any material which, because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as "toxic" or "hazardous" under MGL c. 21C and
c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
TSS
Total suspended solids.
WASTEWATER
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product.
WATERCOURSE
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
WETLANDS
Tidal and nontidal areas characterized by the presence of
hydrophytic (water dependent or tolerant) plant communities and evidence
of hydrology (e.g., hydric soils) generally located between terrestrial
(land-based) and aquatic (water) environments.
This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the home rule statutes, the regulations of the Federal Clean Water Act found at 40 CFR 122.34, and Chapter
1, Article
I, §
1-1, of the Code of the Town of Foxborough, Massachusetts.
This bylaw shall be implemented in accordance with the requirements
of the EPA's most recent General Permit for MS4s in Massachusetts
relating to illicit connections and discharges, construction site
runoff, and post-construction stormwater management. The Stormwater
Authority shall include these requirements in any regulations that
it issues. The Stormwater Authority may establish additional requirements
by regulation to further the purposes and objectives of this bylaw
so long as they are not less stringent than those in the MS4 General
Permit for Massachusetts.
The provisions of this bylaw are hereby declared to be severable.
If any provision, paragraph, sentence, or clause of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.