Unless otherwise specified in this bylaw or regulations adopted, the following words shall have the following meanings. For terms used in this bylaw and regulations not defined hereunder, other definitions derived from relevant laws, codes, rules and regulations shall apply.
APPLICANTAny person, group of persons, individual, partnership, association, firm, company, corporation, trust, entity, 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 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 and as it is amended from time to time.
DEVELOPMENTThe modification of land to accommodate a new use or expansion of use, usually involving construction or improvements.
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, Commonwealth or Town 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, 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 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 the Stormwater Management Bylaw.
ILLICIT DISCHARGEDirect or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Article
II, §
354-11. The term does not include a discharge in compliance with a National Pollutant Discharge Elimination System (NPDES) stormwater stormwater discharge permit or resulting from fire-fighting activities and other maintenance related activities performed by the Town exempted pursuant to Article
II, §
354-11A of the Stormwater Management 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, and rooftops.
IMPOUNDMENTA stormwater pond created by either constructing an embankment or excavating a pit which retains a temporary or 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 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 STORMWATER MANAGEMENT STANDARDSThe Standards issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. 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 and quality of runoff from a site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)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 Hull.
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 ensure that it continues to function as designed.
OUTFALLThe point at which stormwater flows out from a point source into waters of the Commonwealth.
OWNERA 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 storm sewer, water works or waters of the commonwealth. Pollutants shall include but are not limited to:
A. Paints, varnishes, and solvents;
Oil, grease, antifreeze, and other automotive (including watercraft) fluids and/or products;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinance, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal coliform and pathogens;
Metal objects or materials, including dissolved and particulate metals;
Rock; sand; salt; soils or other products that mix in surface water runoff;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
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.
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.
STORMWATERSurface water from precipitation or snow melt.
STORMWATER AUTHORITYThe local regulatory authority administering this bylaw and other applicable laws, rules and regulations, of a group consisting of one staff member, as designated by the Town Manager, from the Conservation Department, Community Development and Planning Department, Building Department, Public Works, and Sewer Departments. A quorum of the Authority shall consist of three members.
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, property, 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.
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, vernal pools, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
WETLANDSAs specifically defined in the Massachusetts Wetlands Protection Act but generally include tidal and non-tidal areas characterized by saturated or nearly saturated soils most of the year that are located between terrestrial (land-based) and aquatic (water) environments, including freshwater marshes around ponds and channels (rivers and streams), brackish and salt marshes; common names include marshes, swamps and bogs.