For the purposes of this bylaw, the following shall mean:
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 stormwater management permit for proposed land-disturbing activities.
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.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction.
DISCHARGE OF POLLUTANTSThe addition 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.
DISTURBANCE OF LANDAny action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.
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 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 (BMPs), or equivalent measures designed to control surface runoff and erosion and sedimentation during pre-construction and construction-related land disturbance activities.
ILLICIT CONNECTIONA surface or subsurface drain or conveyance which allows an unauthorized discharge of pollutants 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 that is not composed entirely of stormwater, except as exempted in §
238-12. The term does not include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from firefighting activities exempted pursuant to §
238-12 of this bylaw.
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, tennis/sports courts, and rooftops.
INFILTRATIONThe act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a site.
LAND USE OF HIGHER POTENTIAL POLLUTANT LOAD (LUHPPL)Land uses or activities with higher potential pollutant loadings, as defined in the Massachusetts Stormwater Management Standards, such as auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high-intensity use, road salt storage areas, commercial nurseries and landscaping, outdoor storage and loading areas of hazardous substances or marinas.
LAND-DISTURBING ACTIVITYAny 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 STANDARDSThe standards 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 through 56. The policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and controlling the quantity of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEMThe 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 Middleborough.
NEW DEVELOPMENTAny construction activities or land alteration resulting in earth disturbances on an area that has not previously been developed to include impervious cover.
OPERATION AND MAINTENANCE PLANA plan setting up the functional, financial, and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system or best management practice to ensure that it continues to function as desired.
OWNERA person with a legal or equitable interest in property.
PERSONAn individual, partnership, association, firm, company, trust, corporation, agency, unincorporated entity, business enterprise, 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.
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 MS4, 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, accumulations, and floatables;
Pesticides, herbicides, and fertilizers, unless applied in accordance with manufacturer's instructions;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Dissolved and particulate metals above the EPA's ambient water quality criteria;
Rock, sand, salt, soils, unless applied for the purpose of public safety;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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 on previously developed sites.
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.
SITEThe area or extent of construction activities, including but not limited to the creation of new impervious cover, improvement of existing impervious cover, or disturbance of existing topography.
SOILAny earth, sand, rock, gravel, or similar material.
STORMWATERRunoff from precipitation or snow melt and surface water runoff and drainage.
STORMWATER COMMITTEEThe Town of Middleborough Stormwater Committee is an agent of the Board of Selectmen. The Stormwater Committee is comprised of the Town Manager, the Department of Public Works Director, the Assistant Highway Superintendent, the Building Commissioner, the Conservation Commission Agent, the Health Officer, and the Town Planner.
SURFACE WATER DISCHARGE PERMITA permit issued by the Massachusetts Department of Environmental Protection (MassDEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts.
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 40.000.
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, including a river, brook, stream, canal, 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.
WETLANDSTidal and nontidal areas characterized by saturated or nearly saturated soils most of the year and specific vegetation 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." Wetlands shall include all areas defined as such in 310 CMR 10.00 and per the Middleborough Conservation Commission Policy.