8-5-2: DEFINITIONS:
APPLICANT: Any person or group that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's or group's direction. The term "applicant" also refers to the permit holder or holders and the permit holder's agents, employees, and others acting under this person's or group's direction.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollutions prevention and educational practices, maintenance procedures, erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, stormwater, or stormwater conveyance systems.
Erosion and sediment control BMPs include avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by State or designated area- wide planning agencies. BMPs shall be as set forth in the current version of Minnesota Stormwater Manual, Minnesota Pollution Control Agency, 2006, as amended, unless a custom plan is specifically authorized by the City.
BUFFER: A regulated area where scrutiny will be exercised over activities near wetlands and water bodies and a non-disturbance area where natural vegetation must be maintained.
COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.
CONSTRUCTION STABILIZATION PLAN: A plan detailing site conditions, proposed grading, and Best Management Practices designed to minimize soil erosion and control sediment. All requirements of the plan can be found on the City of Baxter construction stabilization plan overview and construction stabilization plan permit application.
DEVELOPER: Any person, group, firm, corporation, sole proprietorship, partnership, State agency, or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT: Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
DEWATERING: The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. It may require Minnesota Department of Natural Resources permits to be appropriated and if contaminated may require other Minnesota Pollution Control Agency (MPCA) permit to be discharged.
DISCHARGE: The release, conveyance, channeling, runoff, or drainage, of stormwater, including snowmelt, from a construction site.
ENERGY DISSIPATION: This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to: aprons, riprap, splash pads, and gabions that are designed to prevent erosion.
EROSION: Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature.
EROSION CONTROL: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary, or permanent cover, and construction phasing.
EXPOSED SOIL AREAS: All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been disturbed or removed thus rendering the soil more prone to erosion. This includes topsoil stockpile areas; borrow areas, and disposal areas, within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered "exposed soil", until it meets the definition of "final stabilization".
FILL: Means any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.
FILTER STRIPS: A vegetated section of land designed to treat runoff as overland sheet flow. Their dense vegetated cover facilitates pollutant removal and infiltration. The design of vegetated filter strips shall follow the criteria and guidance set forth in the Minnesota Stormwater Manual.
FINAL STABILIZATION: Means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of seventy percent (70%) of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabilization. (Examples of vegetative cover practices can be found in the current version of the Minnesota Department of Transportation's publication, "Supplemental Specifications to the (year of the latest update) Standard Specifications for Construction".)
HAZARDOUS MATERIAL: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HYDRIC SOILS: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION: Macrophytic (large enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
ILLEGAL DISCHARGE: Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in this chapter.
ILLICIT CONNECTION: An illicit connection is defined as either of the following:
   A.   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non- stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency.
   B.   Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
INDUSTRIAL ACTIVITY: Activities subject to NPDES industrial permits as defined in 40 CFR, section 122.26(b)(14).
LAND DISTURBANCE ACTIVITY: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government's jurisdiction, including, but not limited to: clearing and grubbing, grading, excavating, transporting and filling of land.
LAND LOCKED BASIN: Defined as a low area such as a lake, pond, or wetland entirely surrounded by land with no regularly active outlet channel.
MINNESOTA STORMWATER MANUAL: A guide book authored and periodically updated by the Minnesota Pollution Control Agency which provides practical stormwater management practices that are reviewed and edited regularly, found at http://www.pca.state.mn.us/water/stormwater/stormwater- manual.html.
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, storm drains, curbs, gutters, ditches, man-made channels, stormwater ponds, and sometimes waters of the State) that are:
   A.   Owned or operated by a jurisdiction, public body, institution, or a designated and approved management agency that discharges to surface waters of the State.
   B.   Designed or used for collecting or conveying stormwater.
   C.   Not a combined sewer.
   D.   Not a part of a publicly owned treatment works.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: General, group, and individual permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. The Minnesota MPCA has adopted general permits, including but not limited to the general construction activity, general industrial activity, MS4 and wastewater permits.
NATIVE VEGETATION: The presettlement (already existing in Minnesota at the time of Statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction.
NON-STORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater.
ORDINARY HIGH WATER MARK: The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
OWNER: The person or party possessing the title of the land on which the construction activities will occur.
PAVED SURFACE: A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
PERMANENT COVER: Means "final stabilization". Examples include established grass, gravel, asphalt, and concrete. See also the definition of "final stabilization".
PERMIT: Within the context of this chapter a "permit" is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities.
PHASED PROJECT OR DEVELOPMENT: Clearing a parcel of land in distinct phases, with at least fifty percent (50%) of the project's preceding phase meeting the definition of "final stabilization" and the remainder proceeding toward completion, before beginning the next phase of clearing.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
PROHIBITED DISCHARGE: Any substance which, when discharged has potential to or does any of the following: a) interferes with State designated water uses; b) obstructs or causes damage to waters of the State; c) changes water color, odor, or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; d) adds an unnatural surface film on the water; e) adversely changes other chemical, biological, thermal, or physical condition, in any surface water or stream channel; f) degrades the quality of groundwater; or g) harms human life, aquatic life, or terrestrial plant and wildlife. This includes but is not limited to dredged soil, solid waste, incinerator residue, garbage, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum- based substance, and oxygen-demanding material.
RECHARGE: Means the replenishment of underground water reserves.
REDEVELOPMENT: Means any construction, alteration or improvement of one acre or greater in areas where existing land use is already in a developed condition.
SATURATED SOIL: The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information.
SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level.
SEDIMENT CONTROL: The methods employed to prevent sediment from leaving the development site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
SITE: Means the bounded area defined in an SWPPP including individual parcels of the larger plan's defined area.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this chapter, stockpiles of gravel, aggregate, concrete, or bituminous materials are not considered "soil" stockpiles.
STABILIZED: The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, or other material that prevents erosion. Simply sowing grass seed is not considered stabilization.
STEEP SLOPE: Any slope steeper than twelve percent (12%) (12 feet of rise for every 100 feet horizontal run).
STOP WORK ORDER: An order issued which requires that all construction activity not necessary to correct the noncompliance on a site to cease immediately until compliance is achieved and approved by the City.
STORM DRAIN SYSTEM: The City-owned facilities by which stormwater is collected or conveyed, including, but not limited to, any roads with drainage systems, Municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER: Under Minn. R. 7077.0105, subp. 41(b) stormwater means precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and drainage.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A plan for stormwater discharge that includes Best Management Practices consisting of erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion and stormwater pollution on a parcel of land. The erosion prevention measures contained in the plan shall consist of temporary and permanent measures to stabilize exposed soil.
STORMWATER TREATMENT PRACTICES (STPs): Means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas.
SUBDIVISION: Any tract of land divided into building lots for private, public, commercial, industrial, etc., development.
SURFACE WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems.
TEMPORARY EROSION PROTECTION: Methods employed to temporarily prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting.
VEGETATED OR GRASSY SWALE: A vegetated earthen channel that conveys stormwater, while treating the stormwater by biofiltration. Such swales remove pollutants by both filtration and infiltration.
WATERS OF THE STATE: Surface watercourses and water bodies as defined by the State of Minnesota, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
WET DETENTION FACILITY: Depressions constructed by excavation and embankment procedures to store excess runoff temporarily on a site. After a runoff event, overflow from the pond is released at a controlled rate by an outlet device designed to release flows at various peak rates and elevations until the design elevation of the pool is reached. Wet detention facilities maintain a permanent pool of water between storm events. Wet detention facilities are located to collect stormwater inflows from adjacent drainage areas and are usually designed to control peak discharges from relatively large design storms.
WETLANDS: As defined in Minn. R. 7050.0130, subp. F, "wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the State. Wetlands must have the following attributes:
   A.   A predominance of hydric soils;
   B.   Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and under normal circumstances support a prevalence of such vegetation. (Ord. 2017-012, 11-21-2017)