The following terms shall have the meanings indicated:
ACCIDENTAL DISCHARGE
A discharge prohibited by these regulations, which occurs
by chance, and without planning or thought prior to occurrence.
BEST MANAGEMENT PRACTICE (BMP)
An activity, procedure, restraint, or an accepted and proven
structural, nonstructural or vegetative measure, which reduces the
quantity or improves the quality of stormwater runoff.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts flowing water continuously or periodically.
CONSTRUCTION ACTIVITY
Activities subject to the EPA Phase II Stormwater Program
and the NPDES general construction permits. These include construction
projects resulting in land disturbance. Such activities include, but
are not limited to, clearing, grubbing, grading, excavating, and demolition.
CONTAMINANT
Any physical, chemical, biological, or radiological substance
or matter in water or on land.
DISCHARGE
To dispose, deposit, spill, pour, inject, seep, dump, leak,
or place by any means, or that which is disposed, deposited, spilled,
poured, injected, seeped, dumped, leaked, or placed by any means,
including any direct or indirect entry of any solid or liquid matter
into the municipal separate storm sewer system (MS4).
DISTURBANCE
Any construction, reconstruction, land altering or grading
activities, other than for agricultural practices.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The federal agency responsible for implementing the Federal
Water Pollution Control Act, (3 U.S.C. § 1251 et seq.),
also known as the "Clean Water Act."
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 or movement of soil.
EROSION CONTROL
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
ILLICIT CONNECTION
An illicit, unauthorized or illegal connection that drains
into or is connected to the municipal separate storm sewer system
(MS4) shall mean either of the following:
A.
Any pipe, drain, open channel or other conveyance that has the
potential to allow an illicit discharge to enter the MS4 system, including,
but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the storm drain system. This includes any connections to the
storm drain system from indoor drains and sinks regardless of whether
said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency.
B.
Any pipe, drain, open channel or conveyance connected from a
residential, commercial or industrial land use, to the storm drain
system that has not been documented in plans, maps, or equivalent
records and approved by an authorized federal, state or local enforcement
agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal
separate storm sewer system (MS4), excepting discharges pursuant to
a specific NPDES permit and discharges resulting from firefighting
activities.
INFILTRATION
The act of conveying the surface water into the ground, to
permit the groundwater to be recharged resulting in the reduction
of stormwater runoff from a project site.
LAND-DISTURBING ACTIVITY
Any activity on a property that results in a change in the
existing soil cover (vegetative and nonvegetative) and/or the existing
soil topography. Land-disturbing activities include, but are not limited
to, development, redevelopment, demolition, construction, reconstruction,
clearing, grading, filling and excavation.
MAINTENANCE
Any activity that is necessary to keep a stormwater facility
in good working order to function as designed. Maintenance shall include
complete reconstruction of a stormwater facility if reconstruction
is needed in order to restore the facility to its original operational
design parameters. Maintenance shall also include the correction of
any problem on the site property that may directly impair the functions
of the stormwater facility.
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4)
Publicly owned and operated facilities by which stormwater
is collected, including, but not limited to, roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains, piped storm drains, pumping facilities,
retention or detention basins, reservoirs or other drainage structures
that discharge to the waters of the State of New Hampshire or the
United States.
NEW HAMPSHIRE STORMWATER MANUAL
Reference guide prepared by the New Hampshire Department
of Environmental Services to manage stormwater, which, unless expressly
exempted by the Town, shall include any and all amendments and updates
adopted subsequent to the enactment of these standards.
OPERATION AND MAINTENANCE PLAN
A plan setting up the future responsible parties along with
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.
OUTFALL
The point at which stormwater flows out from a point-source-discernible,
confined and discrete conveyance into waters of New Hampshire or of
the United States.
OWNER
A person with a legal or equitable interest in the property.
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 State
of New Hampshire or the United States.
POLLUTION
The contamination or other alteration of any water's physical,
chemical or biological properties by the addition of any constituent
and includes, but is not limited to, a change in temperature, taste,
color, turbidity, or odor of such waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into such
waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety, welfare,
or environment, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other aquatic life.
PROJECT AREA
Disturbed area plus any area with associated off-site improvements.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evaporated or transpired.
RESPONSIBLE PARTY
Entity responsible for submitting a SWMP such as the owner,
developer, applicant or owner's legally designated representative.
SEDIMENT
Mineral or organic matter transported or deposited by water
or air.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan, required by the Town, from a person or business to
identify sources of pollution or contamination at a site and to eliminate
or reduce pollutant discharges of the stormwater runoff through site
design, pollutant source controls, structural BMPs and construction
phase practices.
STORMWATER RUNOFF
Any water coming from rainfall, snowmelt or irrigation systems,
etc., that is not absorbed, evaporated or otherwise stored within
the contributing drainage area.
WATER QUALITY STANDARDS (WQS)
Defines the water quality goals of a water body by designating
the use or uses to be made of the water and by setting criteria necessary
to protect the uses. New Hampshire and the EPA have adopted WQS through
the "303(d)" list to protect public health and welfare, enhancing
the quality of water and serve the purposes of the Clean Water Act
(CWA).
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.
Residential property owners shall have 60 days from the effective
date of this bylaw to comply with its provisions, provided good cause
is shown for the failure to comply with this chapter during that period.