Unless a different definition is indicated in other sections of this bylaw, the following definitions and provisions shall apply throughout this bylaw:
ABUTTERThe owner(s) of land abutting the activity.
AGRICULTUREThe normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.
ALTERATION OF DRAINAGE CHARACTERISTICSAny 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.
APPLICANTAny 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.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction.
DISCHARGE OF POLLUTANTSThe 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 commonwealth from any source.
EROSIONThe 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 PLANA 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.
EROSION CONTROLThe prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff.
FLOODINGA local and temporary inundation or rise in the surface of a body of water, such that it covers land not usually under water.
GRADINGChanging the level or shape of the ground surface.
GRUBBINGThe act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTIONA 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 DISCHARGEDirect or indirect discharge to the municipal storm drain system or into a watercourse or the waters of the commonwealth that is not composed entirely of stormwater, except as exempted in §
338-9. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to §
338-9 of this bylaw.
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.
IMPOUNDMENTA stormwater pond created by either constructing an embankment or excavating a pit which retains a permanent pool of water.
INFILTRATIONThe act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
LAND-DISTURBING ACTIVITYAny activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing and grading; or results in an alteration of drainage characteristics.
LOAD ALLOCATIONThe maximum concentration or mass of a pollutant which can be discharged to a waterway nonpoint sources without causing a violation of surface water quality standards as established in an applicable TMDL.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDSThe stormwater standards as further defined by the Massachusetts Stormwater Handbook both issued by the Department of Environmental Protection, and as amended, that coordinate 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, §
23-56. The standards address 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.
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 Rockland.
OPERATION AND MAINTENANCE PLANA plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed.
OUTFALLThe 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 the Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, 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.
A person with a legal or equitable interest in property.
PERSONAn 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 SOURCEAny 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.
POLLUTANTAny 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;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
PRIORITY HABITAT OF RARE SPECIESHabitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
PROCESS WASTEWATERWater 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.
RECHARGEThe process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.
REDEVELOPMENTDevelopment, rehabilitation, expansion, demolition or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. The creation of new areas of impervious surface or new areas of land disturbance on a site constitutes development, not redevelopment, even where such activities are part of a common plan which also involves redevelopment. Redevelopment includes maintenance and improvement of existing roadways including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems and repaving; and remedial projects specifically designed to provide improved stormwater management such as projects to separate storm drains and sanitary sewers and stormwater retrofit projects.
RUNOFFRainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENTMineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.
SITEAny lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
SLOPEThe incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOILAny earth, sand, rock, gravel, or similar material.
STABILIZATIONThe use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion.
STORMWATERRunoff from precipitation or snow melt and surface water runoff and drainage.
STRIPAny activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil.
TOTAL MAXIMUM DAILY LOAD or TMDLA plan required under the Clean Water Act for a pollutant which causes or contributes to a violation of state surface water quality standards in a specific geographic area, and which establishes the maximum amount of that pollutant (referred to as the load allocation and waste load allocation) which may be discharged to the affected waters of the commonwealth by one or more categories of users without violating state surface water quality standards.
TOXIC OR HAZARDOUS MATERIAL OR WASTEAny 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.
Total Suspended Solids.
VERNAL POOLSTemporary bodies of freshwater which provide critical habitat for a number of vertebrate and invertebrate wildlife species.
WASTE LOAD ALLOCATIONThe maximum concentration or mass of a pollutant which can be discharged to a waterway from point sources without causing a violation of surface water quality standards as established in an applicable TMDL.
WASTEWATERAny 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.
WATERCOURSEA natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTHAll waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
WETLAND RESOURCE AREAAreas specified in the Massachusetts Wetlands Protection Act, MGL c. 131, §
40, and in the Town of Rockland Wetlands Protection Bylaw.
Tidal and nontidal areas characterized by saturated or nearly saturated soils most of the year that are located between terrestrial (land-based) and aquatic (water-based) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include "marshes," "swamps" and "bogs."