As used in this article, the following terms shall have the meanings indicated:
AQUIFERA geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or a spring under ordinary hydraulic gradients.
DISCHARGEThe spilling, leaking, pumping, pouring, emitting, emptying, or dumping of toxic or hazardous materials upon or into any land or waters in the Town of Derry. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or underground or aboveground storage systems and disposal of such materials into any on-site sewage disposal system, dry well, catch basin, or unapproved landfill.
GROUNDWATERWater below the land surface in the zone of saturation of the soil or rock and includes perched water separated from the main body of groundwater by an unsaturated zone.
HAZARDOUS OR TOXIC MATERIALS AND WASTEAny substance or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this Town, as referenced below. Toxic or hazardous materials include, without limitation, volatile organic chemicals, heavy metals, radioactive or infectious wastes, acids and alkalis and include products such as pesticides, herbicides, solvents and thinners and such other substances as defined in New Hampshire Water Supply and Pollution Control Division Rules, Env-Wm 102.73, in New Hampshire Solid Waste Rules Document 5172, or as amended, as listed in New Hampshire Waste Management Division Hazardous Waste Rules, Env-Wm 100 through Env-Wm 1000, as specified in Env-Wm Part 402 through Env-Wm Part 404.
IMPERVIOUS SURFACEA. Created as a result of human activity, such as driveways, parking lots, roads, access drives, rooftops, compacted lawns and other features at or above the soil surface that impede infiltration of water into the soil to provide groundwater recharge.
[Amended 6-5-2007]
B. Naturally occurring, relatively impervious conditions such as bedrock outcrops and soil with restrictive layers within 18 inches from below the natural soil surface.
LEACHABLE WASTESWaste materials, including solid wastes, sludge and agricultural wastes, that are capable of releasing waterborne contaminants to the surrounding environment.
MININGThe removal of geological materials such as topsoil, sand, gravel, or bedrock.
NONCONFORMING USEAny lawful use of buildings, structures, premises, land or parts thereof existing as of the effective date of this article, or amendment thereto, and not in conformance with provisions of this article shall be considered to be a nonconforming use.
PRIMARY RECHARGE AREAAreas that collect precipitation or surface water and transmit it into the area of contribution to existing or potential water supply wells. Primary recharge areas are stratified drift aquifer areas surrounding existing or potential water supply well sites.
SANITARY WASTEWATERWastewater arising from ordinary domestic water use as from toilets, sinks, bathing facilities, etc., and containing such concentrations and types of pollutants as to be considered normal household wastes.
SATURATED ZONEThe zone beneath the land surface in which all open spaces are filled with water.
SLUDGEResidual materials produced by the sewage treatment process.
SOLID WASTEAny discarded or abandoned material, including refuse, putrescible material, septage, or sludge, as defined by New Hampshire Solid Waste Rules Env-Wm 100-2800, or as amended. Solid waste includes solid, liquid, semisolid, or certain gaseous waste material resulting from residential, industrial, commercial, mining, and agricultural operations and from community activities.
STRATIFIED DRIFTSorted and layered unconsolidated deposits formed in streams flowing from glaciers or settled from suspension in quiet water bodies fed by such streams.
STRUCTUREAnything constructed or erected, except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground. For the purpose of this article, buildings are structures.