As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any 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 or approval from
the enforcement authority.
AS-BUILT PLANS
Drawings that completely record and document aspects and
features of a project site post development. As-built drawings must
be stamped by a professional engineer.
BEST MANAGEMENT PRACTICE or BMP
Structural, nonstructural, and managerial techniques that
are recognized to be an effective and practical means to prevent and/or
reduce increases in stormwater volumes and flows, reduce point source
and nonpoint source pollution, and promote stormwater quality and
protection of the environment. Structural BMPs are stationary and
permanent BMPs that are designed, constructed, and operated solutions
to prevent or reduce the discharge of pollutants in stormwater. Nonstructural
BMPs are nonengineered, nonconstructed solutions to prevent or reduce
the discharge of pollutants in stormwater such as LID site maintenance,
education, natural measures, site planning, and pollutant prevention.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
COMMON PLAN OF DEVELOPMENT
A common plan of development goes across boundary lines affecting
adjacent lots with disturbance equal to or greater than one acre within
five years of initial permitting of the first lot.
DISCHARGE OF POLLUTANTS
The addition of any source of any pollutant or combination
of pollutants into the municipal storm drain system or into the waters
of the United States.
DRAINAGE STRUCTURE
A structure designed to convey, capture, retain, or discharge
stormwater such as drain manholes, catch basins, or outfalls.
ENFORCEMENT AUTHORITY
The Executive Director of Lowell Regional Wastewater Utility,
or his or her duly authorized representative agents, assistants, or
designees, or other authorized City entities such as plumbing inspectors
or the City Engineer.
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 and transportation of soil particles.
EROSION AND SEDIMENTATION CONTROL PLAN or ESCP
A 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 preconstruction- and construction-related
activities.
GROUNDWATER
Water beneath the surface of the ground, residing within
the cracks, crevices and spaces in soil, sand, and rock.
HAZARDOUS MATERIAL
Any 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 (subject to state and federal
regulations).
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge into the municipal storm drain system. Any unauthorized
active or inactive connection is considered an illicit connection.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the municipal storm drain system except as exempted in §
272-110E(2) of this article.
IMPERVIOUS SURFACE
Any surface that prevents or impedes the infiltration of
water into the underlying soil. This can include, but is not limited
to, paved areas and other areas created using nonporous material,
buildings, rooftops, structures, artificial turf and compacted gravel
or soil.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND-DISTURBING ACTIVITY
Any activity that changes the volume or peak flow discharge
rate of rainfall runoff from the land source; 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;
results in measurable changes to the ability of a ground surface to
infiltrate waters; involves clearing, grading, or excavating, including
grubbing; or results in an alteration of drainage characteristics.
LOW-IMPACT DEVELOPMENT or LID
Systems and practices to minimize runoff and pollutant loading
by managing runoff as close to its source(s) as possible. LID use
or mimic natural processes that result in the infiltration, evapotranspiration
or use of stormwater in order to protect water quality and associated
aquatic habitat. LID employs principles such as preserving and recreating
natural landscape features and minimizing effective imperviousness
to create functional and appealing site drainage that treat stormwater
as a resource rather than a waste product. Examples of LID practices
include but are not limited to bioretention facilities, rain gardens,
vegetated rooftops, rain barrels and permeable pavements.
MUNICIPAL SEPARATE STORMWATER SYSTEM or MS4
The system of conveyances designed or used for collecting
or conveying stormwater, including inlets, piped storm drains, pumping
facilities, retention or detention basins, treatment structures, natural
or man-made or altered drainage channels, reservoirs, and other drainage
structures, that together comprise the storm drainage system owned
or operated by the City of Lowell.
NEW DEVELOPMENT
Any construction activity or land alteration on an area that
has not previously been developed to include impervious cover.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal, and urban runoff sources.
OPERATION AND MAINTENANCE PLAN
A 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.
OWNER
A person with a legal or equitable interest in property.
POINT SOURCE
Any 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.
POLLUTANT
Substances that are chemical, physical, or biological materials
that contaminate the environment and cause pollution. These include,
but are not limited to, dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, construction wastes and residues including
discarded building materials, concrete truck washout, chemicals, litter,
and sanitary wastes and industrial, municipal and agricultural waste
discharged into water.
POST-DEVELOPMENT
Conditions after the culmination of a new development or
redevelopment project, and does not depict conditions during the construction
phases of a project.
PREDEVELOPMENT
The conditions that exist at the time when plans for the
land development of a tract are submitted to the enforcement authority.
Where phased development or phased plan approval occurs (preliminary
grading, roads, utilities, etc.), the existing conditions at the time
prior to the first plan submission shall establish predevelopment
conditions.
PRIVATE STORMWATER SYSTEM
The system of conveyances designed or used for collecting
or conveying stormwater, including inlets, piped storm drains, pumping
facilities, retention or detention basins, treatment structures, natural
or man-made or altered drainage channels, reservoirs, and other drainage
structures, that together comprise a storm drainage system that is
privately owned and operated.
REDEVELOPMENT
Development, rehabilitation, expansion, demolition, construction,
land alteration, or phased projects that disturb the ground surface,
including impervious surfaces, on previously developed sites.
RUNOFF
Rainfall, snowmelt, or irrigation water flowing over the
ground or impervious surfaces.
SEDIMENT
Mineral or organic soil material that is transported by wind
or water from its origin to another location; the product of erosion
processes.
SITE
The areal extent of property on which construction activities
occur, as defined by the site boundary and/or the stormwater management
plan.
SOIL
Any earth, sand, rock, gravel, or similar material.
STORMWATER
Any flow occurring during, following, or resulting from any
form of natural precipitation, including snowmelt. This flow shall
not include any industrial or domestic wastewater.
STORMWATER MANAGEMENT PERMIT
Permit issued by the enforcement authority pursuant to relevant federal and state laws for connections to the municipal separate stormwater system, and applicable land-disturbing activity and/or development that changes drainage characteristics of a site per §
272-110A(1) and D(1).
STORMWATER MANAGEMENT PLAN or SWMP
A document containing narrative, drawings, details and reporting
requirements developed by a qualified professional engineer (PE),
which describes structural and nonstructural best management practices
designed to control the discharge of pollutants from impervious surfaces
and on-site activities as well as the volume and peak rate of surface
runoff from a site on an ongoing basis after construction has been
completed.
WATERCOURSE
A natural or man-made channel through which water flows.
A stream of water, including a canal, river, brook, or underground
stream.
WATERS OF THE COMMONWEALTH
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, groundwater, and waters of the
United States as defined under the Federal Clean Water Act as hereafter amended.
If any section, subsection, sentence, clause, or other provision
of this article is, for any reason, held to be unconstitutional or
invalid, in whole, or in part, by any court of competent jurisdiction,
such provision shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity or application of the
remaining provisions of this article.