For the purpose of this chapter, the following rules and definitions shall apply:
(a) Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
(b) "Shall" is always mandatory and not discretionary; "may" is permissive.
(c) Any word or term not interpreted or defined in this chapter shall be used with a meaning of common or standard utilization, so as to give these rules and regulations their most reasonable application.
(d) "Best Management Practice (BMP)" means - design, construction, and maintenance practices and criteria that minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants.
(e) Drainage area means:
(1) The contributing area to a single drainage basin, expressed in acres, square miles or other unit area. Also called chatchment area, watershed and river basin; or
(2) The area served by a drainage system receiving storm and surface water or by a watercourse.
(f) "Earth-disturbing activity" means any grading, excavating, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in increased rate and/or volume or runoff and/or contribute to erosion and sediment pollution.
(g) "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas.
(h) "National Pollutant Discharge Elimination System (NPDES)" means the program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States.
(i) "Notice of Termination (NOT)" means the Ohio Environmental Protection Agency (OEPA) form that terminates coverage under the OEPA NPDES Construction General Permit.
(j) “Ohio Environmental Protection Agency (OEPA)" means the regulatory agency that implements the federal stormwater program to ensure compliance with the Clean Water Act and National Pollutant Discharge Elimination System (NPDES) requirements in the state of Ohio.
(k) "OEPA NPDES Construction General Permit" means the Ohio Environmental Protection Agency (OEPA) Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System, (permit number OHCO0000S); effective April 21, 2018, and all revisions and amendments thereto.
(l) "Operation and Maintenance Plan" means a stand-alone document which contains:
(1) A designed entity for stormwater inspection and maintenance responsibilities;
(2) The routine and non-routine maintenance tasks to be undertaken;
(3) A schedule for inspection and maintenance;
(4) Any necessary legally binding maintenance easements and agreements;
(5) Construction drawings or excerpts showing the plan view, profile and details of the outlet(s);
(6) A map showing all access and maintenance easements; and
(7) For applicable practices, relevant elevations and associated volumes that dictate when removal of accumulated sediments must occur.
(m) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, except the City of Bucyrus, county or state agency, the Federal Government, or any combination thereof.
(n) "Pollutant" means industrial, municipal, and agricultural waste (including sediment) discharged into water.
(o) "Project owner" means the person required to submit a stormwater management permit application, and required to comply with the terms of this chapter, including a developer or a person who has financial and operational control of construction activities, and project plans and specification, including the ability to make modifications to those plans and specifications.
(p) "Property owner" means the individual, partnership, or corporation holding the deed or record title to the property. A contract purchaser whose contract has been recorded shall be considered the property owner.
(q) "Storm drainage system" means the surface and subsurface system for the removal of water from the land, including both the natural elements of streams, gullies, ravines, marshes, swales, and ponds whether of an intermittent or continuous natural man-made elements which include conduits and appurtenant features, culverts, ditches, channels, storage facilities, streets and the storm sewer system.
(r) "Stormwater management facilities" means the drainage system and postconstruction control facilities necessary to meet the runoff criteria of these regulations.
(s) "Stormwater management plan" means a plan developed to meet the requirements of OEPA NPDES Construction General Permit to minimize the impact of stormwater pollutants resulting from construction activities.
(t) "Stormwater management system" means all constructed facilities, including combined sewers, structures and natural watercourses used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins, and pumping stations.
(u) "Qualified third-party inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of stormwater discharges from the construction activity. This person shall be employed by a separate entity than both the developer and project owner and hired as a subcontractor to conduct inspections.
(v) "Water of the United States" means a waterbody and is defined by the Clean Water Act. (Ord. 24-2022. Passed 6-21-22.)