As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
CRITICAL AREAS
A.
Disturbed areas 2,000 square feet or greater within the surface
water supply protection area of any of the City's drinking water
supplies; or
B.
Disturbed areas of 300 square feet or greater on slopes greater
than 15%.
DEVELOPMENT
Any construction or grading activities other than for agricultural
and silvicultural purposes.
DISCHARGE OF POLLUTANTS
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts.
DISTURBED AREA
An area where land disturbance has occurred or is planned.
EROSION
A condition in which the earth's surface, including
soil or rock fragment, is detached and moved away by the action of
water, wind, ice, gravity or other means.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage 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 chapter.
ILLICIT DISCHARGE
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of stormwater, except as exempted in §
154-10 of this chapter. The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit or resulting from firefighting activities exempted pursuant to §
154-10 of this chapter.
IMPERVIOUS SURFACE
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. "Impervious surface" includes,
without limitation, roads, paved parking lots, sidewalks, and rooftops.
LAND DISTURBANCE
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material,
or results in the removal or covering up of natural vegetation.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAINAGE SYSTEM
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 City.
OWNER
A person with a legal or equitable interest in property.
PERSON
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
POLLUTANT
A.
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 the municipal storm drainage system or waters of
the Commonwealth of Massachusetts.
B.
Pollutants shall include, without limitation:
(1)
Paints, varnishes, and solvents;
(2)
Oil and other automotive fluids;
(3)
Nonhazardous liquid and solid wastes and yard wastes;
(4)
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, ordnances, accumulations and floatables;
(5)
Pesticides, herbicides, and fertilizers;
(6)
Hazardous materials and wastes;
(7)
Sewage, fecal coliform and pathogens;
(8)
Dissolved and particulate metals;
(11)
Construction wastes and residues; and
(12)
Noxious or offensive matter of any kind.
PROCESS WASTEWATER
Water 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.
SEDIMENT
Solid material, whether mineral or organic, that is in suspension,
is transported or has been moved from its site of origin by erosion.
STORMWATER
Any water resulting from rainfall or other precipitation
that runs off surfaces during or after a storm, including stormwater
runoff, snowmelt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT
As a text, shall mean the handbook, Volume One, Volume Two,
and Volume Three prepared by the Massachusetts Department of Environmental
Protection dated February 2008 as the same may be from time to time
revised.
SURFACE WATER DISCHARGE PERMIT
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
SURFACE WATER SUPPLY PROTECTION AREA
The land area which drains into the City's reservoirs.
The watershed areas are depicted and identified on the Geographic
Information System of the City of Fitchburg.
TOXIC OR HAZARDOUS MATERIAL OR WASTE
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. 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.
WASTEWATER
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.
WATERCOURSE
A natural or man-made channel, through which water flows
or a stream of water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH OF MASSACHUSETTS
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, coastal waters,
and groundwater.
WETLANDS
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40 and 310 CMR 10.00 et seq.