In this chapter, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. Additional definitions can be found in the Stormwater Management and Erosion Control 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 either an administrative land disturbance review or a land disturbance permit for proposed land-disturbing 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.
CERTIFICATE OF COMPLETION (COC)A document issued by the Conservation Commission after all construction activities have been completed, which states that all conditions of an issued land disturbance permit have been met and that a project has been completed in compliance with the conditions set forth in the SWMP.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.) as hereafter amended.
The modification of land in any manner to accommodate a new use, replacement of use, or expansion of use, usually involving construction.
DISCHARGE OF POLLUTANTSThe addition from any source, point or non-point, 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.
EROSIONThe wearing away of the land surface by natural or artificial forces such as, but not limited to: wind, water, ice, gravity, excavation, regrading, 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 registered professional civil 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.
GROUNDWATERWater beneath the surface of the ground including confined or unconfined aquifers.
ILLICIT CONNECTIONA surface or subsurface drain or conveyance which allows an illicit discharge into the municipal storm drain system, including but not limited to: sewage, fresh water (that is not composed of clean naturally flowing/occurring stormwater), process wastewater, 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 chapter.
ILLICIT DISCHARGEDirect or indirect discharge to the municipal storm drain system that is not composed entirely of clean naturally flowing/occurring stormwater. "Illicit discharge" does not include a discharge in compliance with a NPDES stormwater discharge permit or resulting from firefighting activities exempted pursuant to §
65-10 of this chapter.
Any material or structure on, in the surface of, or above the ground that prevents water from infiltrating the underlying soil. "Impervious surface" shall include, but not be not limited to: buildings, structures, rooftops, decks that have slats that are spaced less than 1/4 inch apart and/or any other impervious components on, above, or below the deck, pools, sheds, patios, any and all sports courts, sidewalks, roads, paved paths, parking and driveways, and similar elements that create impervious conditions.
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 USE OF HIGHER POTENTIAL POLLUTANT LOAD (LUHPPL)Land uses or activities with higher potential pollutant loadings, as defined in the Massachusetts Stormwater Management Regulations 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, and marinas.
LAND-DISTURBING ACTIVITYAny action or activity that causes a change in the position, location or arrangement of trees, vegetation, water, soil, sand, rock, gravel, or similar earth material.
LANDSCAPEA piece of land that has been altered from its natural state and contains a variety of mixed plantings (rather than just lawn) or an area of planting in conjunction with the installation of other landscape features - walks, walls, patios, fountains, etc.
LAWNA piece of land cleared of trees typically consisting of an area of mowed and/or cultivated grass (sod, seed, hydro seed, etc.) that is cut regularly to keep it short.
MASSACHUSETTS STORMWATER MANAGEMENT REGULATIONSThe regulations 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, (MGL c. 131, §
40) and the Massachusetts Clean Waters Act, (MGL c. 21, §§
23 through
56). The regulations 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.
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 (whether isolated from or connected to other jurisdictional wetland resources), reservoir, and other drainage structure that together comprise any storm drainage system.
NON-POINT SOURCEPrecipitation, atmospheric deposition, drainage, seepage, or hydrologic modification that picks up pollutants as it moves across the ground.
NONSTORMWATER DISCHARGEDischarge to the municipal storm drain system not composed entirely of naturally occurring clean stormwater.
OPERATION AND MAINTENANCE PLAN (O&M PLAN)A plan setting up the functional, financial, and organizational mechanisms for the ongoing operation, maintenance, repair, and replacement of a stormwater management system to ensure that it continues to function as designed.
OUTFALLThe point at which stormwater or groundwater flows out from a collection or discharge system, including any component or BMP used to convey the flow into municipal waters or waters of the commonwealth.
OWNERA person or any legal entity 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 conveyance, including but not limited to, any pipe, ditch, channel, tunnel, distributed sheet flow, 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 stormwater conveyance, storm sewer, water works or waters of the commonwealth, or the Town. Pollutants shall include but are not limited to:
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;
Noxious or offensive matter of any kind; and
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 directly through the soil.
REDEVELOPMENTDevelopment, rehabilitation, expansion, demolition, or phased projects that disturb vegetation or the ground surface or increase the impervious area on previously developed sites without increasing the extent of impervious area on the property.
RUNOFFRainfall, snowmelt, or irrigation water flowing over the ground surface. Discharge from any point source of water, clean or polluted, into the municipal storm drain or street system or into the waters of the United States, commonwealth or Town from any source.
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 vertical distance to horizontal 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, snow melt and all other surface water runoff and drainage.
STORMWATER AUTHORITYTown of Norwell Conservation Commission, or its authorized agent(s), employee(s), and designee(s).
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, general welfare, or to the environment. "Toxic or hazardous materials" include but are not limited to: any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as "toxic" or "hazardous" under the Massachusetts Hazardous Waste Management Act, (MGL c.
21C) and the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, (MGL c.
21E), and the implementing regulations at 310 CMR
30.000 and 310 CMR
40.000.
Any 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, or defined surface flow across 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, but not limited to: rivers, streams, lakes, ponds, vernal pools, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.
WETLAND RESOURCE AREAAreas specified in the Massachusetts Wetlands Protection Act, (MGL c. 131, §
40) or Norwell Town Code Chapter
61, Art.
I, Wetlands Protection. Examples include, but are not limited to: wetlands, banks, and land subject to flooding.
As defined in the Massachusetts Wetlands Protection Act, (MGL c. 131, §
40) or Norwell Town Code Chapter
61, Art.
I, Wetlands Protection. Typically tidal and non-tidal areas are characterized by at least two of the three following: hydric soils, seasonally high groundwater during the growing season, and capable of supporting wetland vegetation. Examples include, but are not limited to: freshwater marshes, ponds, water bodies, land under water bodies and waterways, channels, rivers, streams, brackish and salt water marshes, and vernal pools.