For the purposes of this chapter, the terms listed below are
defined as follows:
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also include treatment requirements,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material
storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq., also known as the "Clean Water Act"), and any subsequent
amendments thereto.
Construction activity including one acre or more of disturbed
area, or activity with less than one acre of total land area that
is part of a subdivision, if the subdivision will ultimately disturb
equal to or greater than one acre.
Disturbed area, excluding area that, within one calendar
year of being disturbed, is returned to a condition with the same
drainage pattern that existed prior to the disturbance and is revegetated,
provided the area is not mowed more than once per year.
Any spilling, leaking, pumping, pouring, emptying, dumping,
disposing or other addition of pollutants to waters of the state.
"Direct discharge" or "point source" means any discernible, confined
and discrete conveyance, including, but not limited to, any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation or vessel or
other floating craft, from which pollutants are or may be discharged.
All land areas that are stripped, graded, grubbed, filled, or
excavated at any time during the site preparation or removing vegetation
for, or construction of, a project.
Disturbed area does not include routine maintenance, but does
include redevelopment and new impervious areas. "Routine maintenance"
is maintenance performed to maintain the original line and grade,
hydraulic capacity, and original purpose of the facility. Paving impervious
gravel surfaces while maintaining the original line and grade, hydraulic
capacity and original purpose of the facility is considered routine
maintenance. Cutting of trees, without grubbing, stump removal, disturbance
or exposure of soil is not considered "disturbed area." A disturbed
area continues to be considered as disturbed area if it meets the
definition of "developed area" following final stabilization.
The Town of South Berwick Code Enforcement Officer, the person(s)
or department authorized to administer and enforce this chapter.
The Town of South Berwick, Maine.
The municipal official or body that has jurisdiction over
the land use approval or permit required for a new development or
redevelopment.
Conveyances for stormwater, including, but not limited to,
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, human-made channels or storm drains (other than
publicly owned treatment works and combined sewers) owned or operated
by any municipality, sewer or sewage district, fire district, state
agency or federal agency or other public entity that discharges directly
to surface waters of the state.
A permit issued by the EPA or by the Maine DEP that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
Any construction activity on premises that were not previously
a disturbed area as of the effective date of this chapter.
Any individual, firm, corporation, municipality, quasi-municipal
corporation, state agency or federal agency or other legal entity.
Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or by-products,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind,
including compost and yard waste.
BMPs and stormwater management facilities employed by a new
development or redevelopment to meet the stormwater standards of the
applicable Town's Subdivision, Site Plan, and Zoning Ordinances[1] and approved by the Planning Board and Public Works Director.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips,
located within the Town of South Berwick from which discharges into
the storm drainage system are or may be created, initiated, originated
or maintained.
A person who conducts post-construction stormwater management
facilities inspections for compensation and who has received a Certification
in Inspection and Maintenance of Stormwater BMPs from the Maine Department
of Environmental Protection or is a professional engineer in the State
of Maine with an understanding of stormwater infrastructure and its
required maintenance. The inspector shall not have any ownership or
financial interest in the property being inspected nor be an employee
or partner of any entity having an ownership or financial interest
in the property.
[Added 5-9-2023]
Construction activity on premises already improved with buildings,
structures or activities or uses, but does not include such activities
as exterior remodeling.
Any small municipal separate storm sewer system (MS4) regulated
by the State of Maine general permit for the discharge of stormwater
from small municipal separate storm sewer systems, renewed October
15, 2020, modified November 23, 2021, including any amendment or renewal
thereof; ("general permit"), including all those located partially
or entirely within an urbanized area (UA) and those additional small
MS4s located outside an UA that as of the issuance of the general
permit have been designated by the DEP as regulated small MS4s.
[Amended 5-9-2023]
Any MS4 that is not already covered by the Phase I MS4 stormwater
program including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
The municipality's regulated small MS4 and all premises.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage; "stormwater" has the same meaning as "stormwater."
Any parking areas, catch basins, drainage swales, detention
basins and ponds, pipes and related structures that are part of the
post-construction stormwater management plan for a new development
or redevelopment.
The areas of the State of Maine so defined by the latest
decennial (2000) census by the U.S. Bureau of the Census.
