The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of human activities and the natural processes, at a rate greater
than would occur because of the natural process alone.
APPLICANT
A landowner, developer, or other person who has filed an
application for approval to engage in any regulated earth disturbance
activity at a project site in the Borough.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated earth disturbance
activities, to meet state water quality requirements, to promote groundwater
recharge and to otherwise meet the purposes of this chapter.
BOROUGH
The Borough of Masontown, Fayette County, Pennsylvania, or
its designated agent.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER
A person that seeks to undertake any regulated earth disturbance
activities at a project site in the Borough.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities
in the Borough are planned, conducted or maintained.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the
surface of the land including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction,
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
EROSION
The process by which the surface of the land, including channels,
is worn away by water, wind, or chemical action.
IMPERVIOUS SURFACE
A surface that prevents the infiltration of water into the
ground. Impervious surface includes, but is not limited to, any roof,
parking, or driveway areas, and any new streets and sidewalks. Any
surface areas designed to initially be gravel or crushed stone shall
be assumed to be impervious surfaces.
MUNICIPALITY
The Borough of Masontown, Fayette County, Pennsylvania, or
its designated agent.
NPDES
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to DEP in Pennsylvania.
OUTFALL
"Point source" as described in 40 CFR § 122.2 at
the point where the Borough's storm sewer system discharges to
surface waters of the commonwealth.
PERSON
An individual, partnership, public or private association,
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.1.
PROJECT SITE
The specific area of land where any regulated earth disturbance
activities in the Borough are planned, conducted, or maintained.
REDEVELOPMENT
Earth disturbance activities on land which has previously
been disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity one acre or more with a point
source discharge to surface waters or the Borough's storm sewer
system, or five acres or more regardless of the planned runoff. This
includes earth disturbance on any portion of, part, or during any
stage of, a larger common plan of development. This only includes
road maintenance activities involving 25 acres or more or earth disturbance.
ROAD MAINTENANCE
Earth disturbance activities within the existing road cross
section, such as grading and repairing existing unpaved road surfaces,
cutting road banks, cleaning or clearing drainage ditches and other
similar activities.
SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.
STATE WATER QUALITY REQUIREMENTS
As defined under state regulations protection of designated
and existing uses (See 25 Pa. Code, Chapters 93 and 96), including:
(1)
Each stream segment in Pennsylvania has a designated use, such
as cold water fishery or potable water supply, which are listed in
Chapter 93. These uses must be protected and maintained, under state
regulations.
(2)
Existing uses are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Regulated earth
disturbance activities must be designed to protect and maintain existing
uses and maintain the level of water quality necessary to protect
those uses in all streams, and to protect and maintain water quality
in special protection streams.
(3)
Water quality involves the chemical, biological, and physical
characteristics of surface water bodies. After regulated earth disturbance
activities are complete, these characteristics can be impacted by
addition of pollutants, such as sediment, and changes in habitat through
increased flow volumes and/or rates as a result of changes in land
surface area from those activities. Therefore, permanent discharges
to surface waters must be managed to protect the stream bank, streambed
and structural integrity of the waterway, to prevent these impacts.
STORMWATER
The surface runoff generated by precipitation reaching the
ground surface.
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface water, or parts thereof, whether natural or artificial, within
or on the boundaries of this commonwealth.
WATERCOURSE
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
WATERSHED
Region or area drained by a river, watercourse, or other
body of water, whether natural or artificial.