§ 52.31 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BEST MANAGEMENT PRACTICES (BMP). Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the Commonwealth. BMPs also include treatment requirements, operating procedures, and practices to control runoff.
   BLUE LINE STREAMS. Streams that are represented on the United States Department of the Interior Geological Survey 1:24,000 quadrangle maps with a blue line.
   CERTIFIED CONTRACTOR. A person who has received erosion prevention and sediment control (EPSC) training and is certified by the Ashland Public Works Department or Kentucky Division of Water to inspect and maintain erosion and sediment control practices.
   CHANNEL. A natural or constructed/manmade watercourse with definite bed and banks to confine and convey continuously or periodically flowing water. CHANNEL flow is that water which is flowing within the limits of the defined channel.
   CLEAN WATER ACT (CWA). Federal Regulation that prohibits the discharge of pollutants to waters of the United States unless said discharge is in accordance with an NPDES permit.
   CLEARING. Any activity that removes the vegetative surface cover.
   CRITICAL AREA. A site difficult to stabilize due to exposed subsoil, steep slope, extent of exposure, or other conditions.
   DETENTION. The temporary delay of storm runoff prior to discharge into receiving waters.
   DEVELOPER. Any individual, firm, corporation, association, partnership, or trust involved in commencing proceedings to affect development of land for him or others.
   DRAINAGE BASIN. A part of the surface of the earth that contributes surface water runoff into a surface stream or a body of impounded surface water together with all tributary surface streams and bodies of impounded surface water.
   DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
   DRAINAGE/DRY WELL. A bored, drilled, driven, dug, or naturally occurring shaft or hole with a depth greater than the largest surface dimension; used to drain surface fluid, primarily storm water runoff, into a subsurface formation.
   EPHEMERAL STREAM. A stream or part of a stream that flows only in direct response to precipitation or snowmelt. Its channel is above the water table at all times.
   EROSION. The wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
   EPSC PLAN. A set of plans prepared by or under the direction of a qualified professional in the state indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
   EXCAVATION. Any portion of land surface or area from which earth has been removed or will be removed; the depth below original ground surface to remaining surface.
   EXISTING GRADE. The slope or elevation of existing ground surface prior to cutting or filling.
   FILL. Portion of land surface or area to which soil, rock, or other materials have been or will be added; height above original ground surface after the material has been or will be added.
   FINISHED GRADE. The final slope or elevation of the ground surface after cutting or filling.
   FLOOD PLAIN. The relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other body of standing water which has been or may be covered temporarily by floodwater. For purposes of this manual, the flood plain is defined as the 100-year floodplain having a 1% chance of being equaled or exceeded in any given year.
   GRADING. Any stripping, cutting, filling or stockpiling of earth or land to create new grades.
   IMPERVIOUS SURFACE. A term applied to any ground or structural surface that water cannot penetrate or through which water penetrates with great difficulty.
   KENTUCKY DOW GENERAL PERMIT. Agreement between the Kentucky Division of Water (DOW) and the permittee (City of Ashland) which authorizes the discharge of pollutants in stormwater discharges associated with Phase II Municipal Storm Sewer Systems (MS4s). The general permit requires the city to develop a stormwater quality management program that is designed to reduce the discharge of pollutants to the maximum extent practicable (MEP).
   LAND DISTURBANCE. The purposeful act of clearing, grubbing, excavating or grading; disrupting ground surface by or for construction activities, including construction access/roads, staging, and storage sites producing significant areas of exposed soil and soil piles.
   MAXIMUM EXTENT PRACTICABLE (MEP). The water quality control and treatment standard for stormwater discharges from the municipal separate storm sewer system.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). EPA's program to control the discharge of pollutants to waters of the United States. NPDES is a part of the Federal CWA, which requires point and non-point source dischargers to obtain permits. These permits are referred to as NPDES permits.
   NOTICE OF INTENT (NOI). A formal notice to the KYDOW that a construction project seeking coverage under a general permit is about to begin.
   NOTICE OF TERMINATION (NOT). A formal notice to KYDOW that construction project is complete and seeking release for the EPSC and the state general permit.
   PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
   PERMITTING AGENCY. The city's Public Works Department responsible for review and approval of permits, SWPPP and EPSC plans.
   PERMIT PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
   PERMITTEE. The person, company, contractor or developer, who is responsible for the land disturbing activity.
   PUBLIC STORM DRAIN. Drain system provided and maintained by the city, that is designed to help maintain storm water runoff and also provides inlets for water to travel to holding areas attempting to remove excessive water from streets and other areas.
   SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.
   SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
   SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation subject to erosion of sedimentation as a result of cutting, filling, grading, or other disturbance of the soil.
   SITE DEVELOPMENT PERMIT. A permit issued by the Public Works Department for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
   SITE WASTE CONTROL. The requirements set forth in this subchapter are also intended to control or eliminate waste from construction site operators that may cause adverse impacts to water quality.
   STABILIZATION. The use of practices that prevent exposed soil from eroding.
   START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
   STORM WATER QUALITY MANAGEMENT PLAN (SMQMP). Written plan that details the city's “Stormwater Quality Management Program”. The plan is considered a single document which consists of the six minimum control measures of MS4 program.
Storm water pollution prevention plan (SWPPP). A plan required by Ashland Public Works Department and the storm water regulations that includes a site map(s), an identification of construction/contractor activities, storm water conveyance systems and water quality control treatment systems. It includes activities during construction to prevent erosion and infrastructure and non-structural BMPs left in place after (post) construction that manage storm water quality and reduce pollutants in stormwater discharges. A SWPPP is more comprehensive than an EPSC Plan.
   TEMPORARY PROTECTION. Short-term stabilization of erosive or sediment producing areas.
   VEGETATIVE PROTECTION. Stabilization of erosive or sediment producing areas by covering the soil with any of the following materials: permanent seeding for long-term vegetative cover, short-term seeding for temporary vegetative cover, sodding, producing areas covered with a turf of perennial sod-forming grass, tree planting, or other planting.
   WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water designated as part of the storm water conveyance system.
   WATERWAY. A channel that conveys surface runoff to a watercourse or to the public storm drain.
(Ord. 64-2010, passed 6-24-10)