Section 096-501-2 - DefinitionsA. Compensation fee utilization plan."Compensation fee utilization plan" means a plan that specifies how funds received as a compensation fee payment will be allocated to reduce the impact of stormwater pollution to an impaired water resource.B. Developed area. "Developed area" means an impervious area, landscaped area, or unrevegetated area. Developed area includes all disturbed areasexcept an area that is returned to a condition that existed prior to the disturbance and is revegetated within one calendar year of being disturbed, provided the area is not mowed more than twice per year.C. Direct watershed of a waterbody or wetland. "Direct watershed of a waterbody or wetland" means the land area that drains via overland flow, drainageways, waterbodies, or wetlands to a given waterbody or wetland without first passing through a lake or pond.D. Disturbed area. Disturbed area" means all land areas that are stripped, graded, grubbed, filled, bulldozed or excavated at any time during the site preparation or removal of vegetation for, or construction of, a project. "Disturbed area" does not include maintenance. A land area on which the cutting of trees, without grubbing, stump removal, disturbance or exposure of soil has taken place is not considered a "disturbed area".E. Drainageway. "Drainageway" means a natural or man-made channel or course to or from which surface discharge of water may occur. Drainageways include, but are not limited to streams (whether intermittent or perennial), swales, ditches, pipes, culverts, and wetlands with localized discharge of water.F. High use parking lot. "High use parking lot" means a commercial or other parking lot where parking is used most days and each visit is typically for a duration of less than two consecutive hours, such as a parking lot serving a convenience store, high-turnover restaurant, shopping center, or supermarket.G. Impervious area. "Impervious area" means the total area of a parcel covered with a low-permeability material that is highly resistant to infiltration by water, such as asphalt, concrete, or rooftop, and areas such as gravel roads and unpaved parking areas that will be compacted through design or use to reduce their permeability. Common impervious areas include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and macadam or other surfaces which similarly impede the natural infiltration of stormwater. Pervious pavement, pervious pavers, pervious concrete and underdrained artificial turf fields are all considered impervious.H. Infiltration. "Infiltration" means the process by which runoff percolates through the unsaturated overburden and fractured bedrock to the water table, including any process specifically used to meet all or part of the stormwater standards of this Chapter by actively directing all or part of the stormwater into the soil. For the purposes of this Chapter, infiltration does not include: (1) Incidental wetting of soil in ditches, detention basins or the equivalent;(2) Wetting of underdrained basins, dry swales, or similar filtration systems that do not subsequently discharge to groundwater; or(3) Wetting of buffers meeting Department requirements for use as stormwater control. Discharge of runoff to areas of the site where the water will collect and percolate into the ground is considered infiltration if the volume, rate, or quality of the discharge does not meet Department standards for use of the area as a stormwater treatment buffer. Underdrained swales, underdrained ponds, and similar practices that discharge to surface waters or to buffer strips meeting Department requirements in 06-096 CMR ch. 500, Appendix F for stormwater buffers are not considered infiltration systems, although these may be used to treat runoff prior to discharge to an infiltration area.
I. Lake or pond. "Lake or pond" meansa lake or pond classified as GPA under the Water Classification Program, 38 M.R.S. §464et seq.J. Landscaped area. "Landscaped area" means an area of land that has been disturbed and re-planted or covered with one or more of the following: grass or other herbaceous plants, shrubs, trees, or mulch; but not including area that has reverted to a natural, vegetated condition. An area of grass is considered landscaped if it is mowed more than twice per twelve month period.K. Maintenance. "Maintenance" means an activity undertaken to maintain operating condition, original line and grade, hydraulic capacity, and original purpose of the project. Paving an impervious gravel surface at original line, grade and hydraulic capacity is considered maintenance. Replacement of a building is not considered maintenance of the building.L. Medium use parking lot. "Medium use parking lot" means a parking lot that is used most days and where vehicles are parked for an extended period of time, typically longer than two consecutive hours, such as an "employees only" parking lot, a school, and long-term parking at an intermodal transportation facility such as an airport, bus terminal or railroad station,M. Pre-development area. "Pre-development area" means an impervious or developed area created prior to the effective date of the Stormwater Management Law for a stormwater project, or the effective date of the jurisdictional threshold under which a development is licensed for a Site Law development.N. Site Law. "Site Law" means the Site Location of Development Law, 38 M.R.S. §§481 - 490.O. Stormwater. "Stormwater" means the part of precipitation, including runoff from rain or melting ice and snow,that flows across the surface as sheet flow, shallow concentrated flow, or in drainageways.P. Stormwater Management Law. "Stormwater Management Law" means the Stormwater Management Law, 38 M.R.S. §420-D.Q. Stream. "Stream" means a river, stream, or brook as defined in the Natural Resources Protection Act at 38 M.R.S. §480-B.R. Urban impaired stream. "Urban impaired stream" means a stream or stream segment that meets the criteria of 06-096 CMR ch. 502 subsection (3)(B) and is listed in 06-096 CMR ch.502, Appendix B. S. Waterbody. "Waterbody" means a lake, pond, river or stream.T. Watershed. "Watershed" means the land area that drains, via overland flow, drainageways, waterbodies, or wetlands to a given waterbody or wetland.U. Wetland. "Wetlands" means coastal and freshwater wetlands as defined in the Natural Resources Protection Act, 38 M.R.S. §480-B.06-096 C.M.R. ch. 501, § 2