§ 17-3. Definitions.

Active groundwater dewatering system. Any groundwater dewatering system that is not achieved by means of gravity only (i.e., use of mechanical or pumping apparatus).

Applicant. Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth of Massachusetts or the federal government to the extent permitted by law requesting a stormwater management permit for proposed land disturbances.

Authorized enforcement agency. (See "department of public services.")

Best management practice (BMP) An activity, procedure, restraint, or structural or nonstructural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.

Certified professional in erosion and sediment control (CPESC). A certified specialist in soil erosion and sediment control. This certification program, sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy, provides the public with evidence of professional qualifications.

Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

Clearing. Any activity that removes the vegetative surface cover.

Department of public services (DPS). For the purposes of this chapter, the department of public services (DPS) shall be the "authorized enforcement agency." The department of public services (under the direction of the director of public services), its employees, officers, or agents are designated to enforce the provisions of this chapter and any regulations, orders, violation notices, enforcement orders and permit conditions relative thereto on behalf of the city.

Development. The modification of land to accommodate a new use or expansion of use, usually involving construction.

Director of public services. For the purposes of this chapter, the director of public services shall be the "enforcement officer." The director of public services shall be the city's authorized agent to enforce the provisions of this chapter and any regulations, orders, violation notices, enforcement orders and permit conditions relative thereto on behalf of the city.

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 from any source.

Enforcement officer. (See "director of public services.")

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 sediment control plan. A document containing narrative, drawings, and details developed by a Massachusetts Registered Professional Engineer (P.E.) or a Certified Professional in Erosion and Sediment Control (CPESC), which includes BMPs, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related land disturbances. The plan is required as part of the application for a stormwater management permit.

Grading. Changing the level or shape of the ground surface.

Groundwater. Water beneath the surface of the ground.

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 section 17-9. The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to section 17-9.

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 roof tops.

Land disturbance. Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.

Massachusetts Stormwater Management Policy. The policy 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 policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. In January 2008, this policy was incorporated into the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00 et seq).

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.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit A permit issued by United States Environmental Protection Agency or jointly with the state that authorizes the discharge of pollutants to waters of the United States.

Nonstormwater discharge. Discharge to the municipal storm drainage system not composed entirely of stormwater.

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 insure that it continues to function as designed.

Owner A person with a legal or equitable interest in property.

Ordinance. Refers to chapter 17, stormwater management ordinance of the "Code of Ordinances of the City of Newburyport, Massachusetts".

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.

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. 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 Commonwealth of Massachusetts. Pollutants shall include without limitation:

(a)

Paints, varnishes, and solvents;

(b)

Oil and other automotive fluids;

(c)

Nonhazardous liquid and solid wastes and yard wastes;

(d)

Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;

(e)

Pesticides, herbicides, and fertilizers;

(f)

Hazardous materials and wastes; sewage, fecal coliform and pathogens;

(g)

Dissolved and particulate metals;

(h)

Animal wastes;

(i)

Rock, sand, salt, soils;

(j)

Construction wastes and residues; and

(k)

Noxious or offensive matter of any kind.

Pre-construction. All activity in preparation for construction.

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.

Redevelopment. Development, rehabilitation, expansion, demolition, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.

Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface.

Sediment. Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.

Sedimentation. The process or act of deposition of sediment.

Site. Any lot or parcel of land or area of property where land disturbances are, were, or will be performed.

Soil. Any earth, sand, rock, gravel, or similar material.

Stormwater. Stormwater runoff, snow melt runoff, and surface water runoff and drainage.

Stormwater management plan. A plan required as part of the application for a stormwater management permit.

Stormwater. Stormwater runoff, snow melt runoff, and surface water runoff and drainage.

Stream. A body of running water, including brooks, creeks, and other water courses, which moves in a definite channel in the ground due to a hydraulic gradient. A portion of a stream may flow through a culvert, is naturally obscured, or beneath a bridge. A stream's flow may be intermittent (i.e., does not flow throughout the year), or perennial.

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.

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 G.L. c. 21C and c. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.

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, costal waters, and groundwater.

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, byproduct or waste product.

Wetlands. Coastal and freshwater wetlands, including wet meadows, marshes, swamps, and bogs, as defined and determined pursuant to G.L. c. 131, § 40 and 310 CMR 10.00 et seq.

(Ord. of 9-24-10)