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The terms as used in this chapter shall have the following meanings:
AUTHORIZED ENFORCEMENT AGENT: The Director of the Boise City Department of Planning and Development Services and/or any individual designated by the Director of the Boise City Department of Planning and Development Services as an authorized enforcement agent. The authorized enforcement agent must complete initial training regarding proper control measure selection, installation and maintenance as well as administrative requirements such as inspection reporting and tracking and the implementation of enforcement actions. The authorized enforcement agent must also complete annual refresher training to receive updates on preferred BMPs, regulation changes, permit updates and policy or standards updates.
BEST MANAGEMENT PRACTICES (BMPs): Physical, structural and/or managerial practices that, when used alone or in combination, control activities, including, but not limited to, site runoff, spillage and leaks, and waste disposal, and prevent or reduce the discharge of pollutants directly or indirectly to waters of the State or U.S. BMPs may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
CLEAN WATER ACT (CWA): Federal Water Pollution Control Act enacted by Pub.L 92-500, as amended by Pub.L 95-217, 95-576, 96-483 and 97-117, enacted at 33 USC 1251 et seq.
CONSTRUCTION ACTIVITY: Activities occurring in furtherance of a construction project, including, but not limited to, land disturbing activities; temporary crushing and screening operations lasting less than one hundred eighty (180) calendar days, and hauling of soil and rock; explosive and abrasive blasting; implosion; handling of building materials; concrete, stone and tile cutting; operation of motorized and nonmotorized machinery; and operation of motor vehicles on the site, staging areas, parking areas, storage areas, or any access routes to the construction site.
DIRECTOR: The Director of the Boise City Department of Planning and Development Services.
ENVIRONMENTALLY SENSITIVE AREA (ES): Projects located within fifty feet (50') of the Boise River, irrigation canals, or any other redefined tributary or conveyance (freeflowing or intermittent) or wetland from the area of disturbance and/or projects located on slopes fifteen percent (15%) or greater.
EROSION: Progressive detachment and removal of particles, including soil and rock fragments, from the earth's surface by means of water, wind, ice, gravity or mechanical processes, including vehicular traffic.
EROSION CONTROL PLAN (ECP): Details of the concepts and techniques, including BMPs, used prior to and during construction, up to and including final landscaping, to control and limit soil erosion, mud and dirt deposits on public roadways, and sediment discharge.
FINAL STABILIZATION: A. All soil disturbing activities at the site have been completed and one of the three (3) following criteria are met:
1. A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the vegetative cover existing prior to earth disturbing activities for the area has been established on all unpaved areas and areas not covered by permanent structures 1 . For all areas designated as hillside or foothill area, the minimum acceptable plant coverage shall meet the stabilization requirements set forth in the hillside and foothill areas development ordinance, title 11, chapter 11-07 of this Code.
2. Equivalent permanent stabilization measures (such as the use of riprap, gabions or geotextiles) have been employed to provide effective cover.
3. Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed and installed along with an appropriate seed base to provide erosion control for at least three (3) years without active maintenance. The temporary erosion control measures must be selected, designed and installed to achieve seventy percent (70%) vegetative coverage within three (3) years.
B. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to "water of the United States", and areas which are not being returned to their preconstruction agricultural use must meet final stabilization criteria.
FUGITIVE DUST: Particulate matter suspended in the air primarily from soil that has been disturbed by wind or human activities, such as earthmoving and vehicular and equipment traffic on unpaved surfaces. Fugitive dust does not include emissions from vents, chimneys or stacks.
HAZARDOUS WASTE: Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be a "hazardous waste", "hazardous material" or "hazardous substance", as those terms are defined by Federal or State law.
ILLICIT DISCHARGE: Any discharge to a storm drain system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit, discharges resulting from firefighting activities, and other exempt discharges as outlined in the Boise City stormwater management and discharge control ordinance.
LAND DISTURBING ACTIVITY: A human induced change to improved or unimproved land, including, but not limited to, new home or building construction, expansion of an existing building or home, demolition activity, clearing, grubbing, leveling, excavation, fill operations, clearing, trenching, landscaping, grading, drainage, pipe installation, drilling, mining, dredging, road construction or improvement, paving, construction of earthen berms, and improvements for use as parking or storage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A discharge permit issued by the U.S. EPA, Region X, in compliance with the Federal Clean Water Act and its amendments.
PDS: The Boise City Department of Planning and Development Services.
PERMIT: The erosion control permit issued by the Director of Planning and Development Services authorizing performance of a construction project.
PERMIT HOLDER: The person who applies his or her signature for an erosion control permit.
PERSON: Any individual, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
POLLUTANT: Objects including, but not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, silt, cellar dirt, industrial, Municipal and agricultural waste, gases entrained in water, paints, oil and other automotive fluids, soil, rubbish, trash, debris, refuse, heavy metals, hazardous waste, road sanding materials, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, and nauseous or offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.
POLLUTION: The degradation of the physical, thermal, chemical, biological or radioactive properties of the air and the waters of the State or U.S.; the discharge of any pollutant into the air stream or waters of the State or U.S. which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, recreational, aesthetic or other beneficial uses.
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
PUBLIC NUISANCE: Any condition which affects others beyond the property line and is injurious to health, offensive to the senses, or constitutes an obstruction to the free use of property and interferes with the comfortable enjoyment of life or property.
PUBLIC WORKS: Any construction project for the benefit of the public on behalf of the State of Idaho, any county or municipal corporation within the State of Idaho, or any other public board, body, commission, agency or entity.
RESPONSIBLE PERSON: Any foreman, superintendent, project manager or other person with operational control over site activities and day to day operational control over plan requirements and permit conditions at the site of any construction activity. A person or persons possessing a current and valid Boise City Certificate of Training, as provided for in section 9-14-2-7 of this chapter, shall be directly in charge of all sites of construction activity regulated by this chapter.
SEDIMENT: Solid material, either mineral or organic, that is in suspension or has been or is being moved from its site of origin due to erosion.
STOP WORK ORDER: Posted on site or given to the contractor/responsible person. Only work allowed under a stop work order will be at the discretion of the authorized enforcement agent, which could include that all construction activities are halted, except those activities directed to achieve compliance to the violations.
STORM DRAIN SYSTEM: Facility by which stormwater may be collected and conveyed to waters of the State or U.S.
STORMWATER: Surface runoff and drainage associated with rainstorm events and snow.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A site specific, written document that identifies potential sources of stormwater pollution at the construction site. The SWPPP describes practices to reduce pollutants in stormwater discharges from the construction site, describes how reduction of pollutants can be achieved, and identifies procedures the operator will implement to comply with the terms and conditions of the construction general permit (CGP).
U.S. EPA: United States Environmental Protection Agency.
VARIANCE: A modification of the requirements of this chapter based on hardship.
VERBAL CORRECTION NOTICE: Verbal corrections are used for minor violations and are primarily consultative in nature. Verbal corrections shall include the specific violation(s) which require corrective action and will contain the timeframe for the necessary corrections.
WATERS OF THE STATE: All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the State. (IDAPA 58.01.02.010.113.)
WATERS OF THE UNITED STATES: 40 CFR 230.3(s) and related revisions shall be incorporated by reference.
WETLANDS: Lands that meet all of the following criteria: a) a predominance of hydric soil; b) saturation by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c) normally support a prevalence of hydrophytic vegetation.
WRITTEN CORRECTION NOTICE: Will be prepared by the authorized enforcement agent and submitted to the operator/responsible person or posted on site. The notice will include the nature of the violation(s) and the required timeframe for correcting the violation. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)
1. When background native vegetation will cover less than 100 percent of the ground (e.g., arid areas, beaches), the 70 percent coverage is adjusted as follows: If the native vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 x 0.50 = 0.35) would require 35 percent total cover for final stabilization (e.g., on a beach with no natural vegetation, no stabilization is required).