For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and is not discretionary, while the word "may" is permissive.
ACCIDENTAL DISCHARGE. A discharge into the Town MS4, prohibited by this chapter, that occurs by chance and without planning or consideration prior to its occurrence.
ADMINISTRATIVE or CIVIL PENALTIES. Under the authority provided in Tenn. Code Ann. § 68-221-1106, any person violating the provisions of this chapter may be assessed a civil or administrative penalty by the Town of not less than $50 and not more than $5,000 per day for each day of violation. Each day of violation shall constitute a separate violation.
AS-BUILT PLANS. Drawings depicting conditions as they were actually constructed.
BMA. The Board of Mayor and Aldermen of the Town of Collierville, Tennessee.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, or drainage from raw material storage.
BORROW PIT. An excavation from which erodible material (typically soil) is removed to be fill for another site. There is no processing or separation of erodible material conducted at the site. A borrow pit is considered a construction activity for the purpose of this chapter.
BUFFER ZONE. A strip of dense undisturbed perennial native vegetation, either original or reestablished, that borders streams and rivers, ponds and lakes, wetlands, and seeps. Buffer zones are established for the purpose of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the upland area and reaching surface waters. Buffer zones are primarily established for the primary purpose of protecting water quality and maintaining a healthy aquatic ecosystem in receiving waters.
CHANNEL. A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
CLEAN WATER ACT or THE ACT. The Federal Water Pollution Control Act, as amended, codified at 33 U.S.C. 1251 et seq.
COMMERCIAL. Property devoted, in whole or part, to the exchange and buying and selling of commodities or services.
CLEARING. The removal of vegetation and disturbance of soil prior to grading or excavation in anticipation of construction activities. Clearing, grading and excavation do not refer to clearing of vegetation along existing or new roadways, highways, dams or power lines for sight distance or other maintenance and/or safety concerns. The clearing of land for agricultural purposes is exempt from Town stormwater permitting.
COMMENCEMENT OF CONSTRUCTION. The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities.
COMMON PLAN OF DEVELOPMENT OR SALE. Any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, and the like) or physical demarcation (including boundary signs, lot stakes, surveyor markings, and the like) indicating construction activities may occur on a specific plot. A COMMON PLAN OF DEVELOPMENT OR SALE identifies a situation in which multiple areas of disturbance are occurring on contiguous areas. This applies because the activities may take place at different times, on different schedules, by different operators.
CONSTRUCTION ACTIVITY. Any clearing, grading, filling, excavating, or equipment usage that will result in the disturbance of land surface, and is subject to stormwater permit requirements under the State of Tennessee General Permit for Stormwater Discharges Associated with Construction Activities. The term shall not include:
(1) Such minor construction activities as home gardens and individual home landscaping, home repairs, home maintenance work and other related activities that result in minor soil erosion;
(2) Individual service and sewer connections for single- or two-family residences;
(3) Agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pastureland, forestry land management practices, including harvesting, farm ponds, dairy operations, livestock and poultry management practices, and the construction of farm buildings;
(4) Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture;
(5) Installation, maintenance and repair of any underground public utility lines, when the activity occurs in an existing hard surface road, street or sidewalk; provided the activity is confined to the area of the road, street or sidewalk that is hard surfaced, a street, curb, gutter or sidewalk permit has been obtained, and the area is less than one acre of disturbance.
CONTAMINANT. Any physical, chemical, biological, or radiological substance or matter in water.
CONTROL MEASURE. Any Best Management Practice (BMP) or other method used to prevent or reduce the discharge of pollutants to waters of the state.
CLEAN WATER ACT. The Clean Water Act of 1977 or the Federal Water Pollution Control Act.
DESIGN STORM EVENT. A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or permanent storage of materials (defined as materials of a like nature stored, in whole or in part, for more than six months).
DISCHARGE. To dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.
DISCHARGE OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. Stormwater point source discharges from areas where soil disturbing activities (e.g., clearing, grading, excavation, and the like), or construction materials or equipment storage or maintenance (e.g., earth fill piles, fueling, waste material, and the like) are located.
EASEMENT. An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.
EROSION. The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by human activities or effects.
EXCEPTIONAL TENNESSEE WATER. Surface waters of the state that satisfy characteristics of exceptional Tennessee waters as listed in Chapter 1200-4-3-.03 of the official compilation - Rules and Regulations of the State of Tennessee. Characteristics include waters designated by the Water Quality Control Board as Outstanding Natural Resource Waters (ONRW); waters that provide habitat for ecologically significant populations of certain aquatic or semi-aquatic plants or animals; waters that provide specialized recreational opportunities; waters that possess outstanding scenic or geologic values; or waters where existing conditions are better than water quality standards.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed and one of the three following criteria is met:
(1) A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a uniform density of at least 70% of the (preferably) native vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, and all slopes and channels have been permanently stabilized against erosion; or
(2) Equivalent permanent stabilization measures (such as the use of riprap; permanent geotextiles, hardened surface materials including concrete, asphalt, gabion baskets, or Reno mattresses) have been employed: or
(3) For construction projects on land used for agricultural or silvicultural purposes, final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural or silvicultural use.
HOTSPOT. An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. The following land uses and activities are deemed stormwater hot spots, but that term is not limited to only these land uses:
(1) Vehicle salvage yards and recycling facilities;
(2) Vehicle service and maintenance facilities;
(3) Vehicle and equipment cleaning facilities;
(4) Fleet storage areas (bus, truck, and the like);
(5) Industrial sites (included on standard industrial classification code list);
(6) Marinas (service and maintenance);
(7) Public works storage areas;
(8) Facilities that generate or store hazardous waste materials;
(9) Commercial container nursery;
(10) Restaurants and food service facilities;
(11) Other land uses and activities as designated by the Town's Engineering/Development Department.
ILLICIT CONNECTIONS. Illegal and/or unauthorized connections to the municipal separate storm sewer system whether or not the connections result in discharges into that system.
ILLICIT DISCHARGE. Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted herein.
IMPAIRED WATERS. Any segment of surface waters that has been identified by the Division of Water Pollution Control of the State of Tennessee, Department of Environment and Conservation as failing to support one or more classified uses.
IMPERVIOUS. Not allowing the passage of water through the surface of the ground or ground covering, or a substantial reduction in the capacity for water to pass through the surface of the ground or ground covering.
INDUSTRIAL FACILITY. A business engaged in industrial production or service that is characterized by manufacturing or productive enterprise or a related service business. An industrial facility is subject to the Tennessee Multi-Sector Permit (TMSP) for Stormwater Discharges Associated with Industrial Activity.
INSPECTOR. A person that has successfully completed and has a valid certification from the Fundamentals of Erosion Prevention and Sediment Control Level I or equivalent course.
INSTITUTIONAL. An established organization, especially of a public or charitable nature.
JUNK MOTOR VEHICLE. Any vehicle that is self-propelled and designed to travel along the ground, and shall include, but not be limited to: automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers; any of which does not have lawfully affixed thereto a valid license plate or plates, and/or is in the condition of being wrecked, dismantled, inoperative, abandoned or discarded.
LAND DISTURBING ACTIVITY. Any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation.
LINEAR PROJECT. A land disturbing activity as conducted by an underground/overhead utility or highway department, including but not limited to any cable line or wire for the transmission of electrical energy, any conveyance pipeline for transportation of gaseous or liquid substance, any cable line or wire for communications, or any other energy resource transmission right-of-way or utility infrastructure.
(1) Activities include the construction and installation of these utilities within a corridor. Linear project activities also include the construction of access roads, staging areas, and borrow/spoil sites associated with the linear project.
(2) Land disturbance specific to the development of residential and/or commercial subdivision or high-rise structures is not considered a linear project.
MAINTENANCE. Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.
MAINTENANCE AGREEMENT. A document recorded in the Shelby County Register's office that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The conveyances owned or operated by the Town for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains, and where the context indicates, it means the municipality that owns the separate storm sewer system.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued pursuant to 33 U.S.C. 1342.
NOTICE OF INTENT (NOI). A written notice by the discharger to the Commissioner of the Tennessee Department of Environment and Conservation, or his or her designee, that a person wishes his or her discharge to be authorized under a general permit authorized by state law or regulation.
NOTICE OF TERMINATION (NOT). Notice that coverage under the construction general permit is terminated due to completion of the project and cessation of land disturbing activities.
OFF-SITE FACILITY. A structural BMP located outside the subject property boundary described in the permit application for land development activity.
ON-SITE FACILITY. A structural BMP located within the subject property boundary described in the permit application for land development activity.
OPERATOR. Any person associated with a construction project that meets either of the following two criteria:
(1) The person who has operational or design control over construction plans and specifications, including the ability to make modifications to those plans and specifications. This person is typically the owner or developer of the project or a portion of the project, and is considered the primary permittee; or
(2) The person who has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions. This person is typically a contractor or a commercial builder who is hired by the primary permittee, and is considered a secondary permittee.
(3) It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of
OPERATOR.
PEAK FLOW. The maximum instantaneous rate of flow of water at a particular point resulting from a storm event.
PERSON. Any, and all persons, natural or artificial, including any individual, firm, association, partnership, co-partnership, company, governmental or private entity organized or existing under the laws of the State of Tennessee or any other state or country.
POINT SOURCE. Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include introduction of pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, and forest lands or return flows from irrigated agriculture or agricultural stormwater runoff.
PRIORITY CONSTRUCTION ACTIVITY. Any construction activity discharging directly into, or immediately upstream of, waters the state recognizes as impaired (for siltation or habitat alteration) or exceptional Tennessee waters, and other construction activity as identified by the Town's Engineering/Development Department. For priority construction activity the Town shall conduct pre-construction meetings with construction-site operators and monthly site inspections.
QUALITY ASSURANCE SITE ASSESSMENT. Documented site inspection to verify the functionality and performance of the SWPPP and for determining if construction, operation and maintenance comply with permit requirements, as presented in the narrative, engineering specifications, maps, plans and drawings, and details for erosion prevention, sediment control and stormwater management.
REDEVELOPMENT. Any development on a site where previous development has occurred that is subject to the Tennessee General Permit for Construction Activities.
REGISTERED ENGINEER AND REGISTERED LANDSCAPE ARCHITECT. An engineer or landscape architect certified and registered by the State Board of Architectural and Engineer Examiners pursuant to Tenn. Code Ann. §§ 62-2-101 et seq. to practice in the state.
REGIONAL FACILITY. A storm water management facility designed to serve two or more properties and 100 or more acres of drainage area.
RUNOFF. That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate storm sewer system.
SEDIMENT. Solid material, both inorganic and organic, that is in suspension, is being transported, or has been moved from the original site by wind, water, gravity, or ice as a product of erosion and has come to rest on the earth's surface either above or below sea level.
SEDIMENT BASIN. A temporary basin consisting of an embankment constructed across a wet weather conveyance, or an excavation that creates a basin or by a combination of both, constructed to capture sediment on the construction site to prevent downstream water quality impairment.
SEDIMENTATION. The action or process of forming or depositing sediment, and where the context indicates the soil particles suspended in stormwater that can settle in stream beds.
SIGNIFICANT CONTRIBUTOR OF POLLUTANTS. Any discharge containing pollutants that are reasonably expected to cause or contribute to an impairment of receiving stream water quality or designated uses.
SIGNIFICANT SPILLS. Releases of oil or hazardous substances in excess of reportable quantities the Clean Water Act or the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
SOILS REPORT. A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineering professional, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees conducting the investigation.
STABILIZATION. The provision of adequate measures, vegetative and/or structural, that will prevent soil erosion from occurring.
STEEP SLOPE. A natural or created slope of 35% grade or greater. Designers of sites with steep slopes must pay attention to stormwater management in the SWPPP to engineer runoff nonerosively around or over a steep slope.
STORMWATER. Water induced or created from precipitation, whether rain, snow or ice, and either stored, collected, detained, absorbed or discharged. The definition also includes street wash waters related to street cleaning or maintenance, and groundwater infiltration into pipes and drainage structures.
STORMWATER DISCHARGE-RELATED ACTIVITIES. Activities which cause, contribute to, or result in point source stormwater pollutant discharges, including but not limited to excavation, site development, grading and other surface disturbance activities; and measures to control stormwater including the citing, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution.
STORM WATER MANAGEMENT. The collection, conveyance, storage, treatment and disposal of storm water in a manner to meet the objectives of this chapter and its terms, including but not limited to measures that control the increased volume and rate of storm water runoff and water quality impacts caused or induced by manmade changes to land at pre-development levels.
STORMWATER MANAGEMENT FACILITIES. The stormwater management control devices, structures, conduits, ponds, ditches, combined sewers, sewers, and all or system of such physical components designed to treat, detain, store, convey, absorb, conserve, protect or otherwise control storm water.
STORMWATER MANAGEMENT PLAN. The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMP's, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A written plan that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. The SWPPP should be prepared in accordance with the Tennessee Erosion and Sediment Control Handbook.
STREAM. A surface water that is not a wet weather conveyance as defined herein.
STRUCTURAL BMPs. Facilities that are constructed to provide control of stormwater runoff.
SURFACE WATER. Waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.
TEMPORARY STABILIZATION. The temporary condition that exists when vegetation and/or a non-erodible surface have been established on the area of disturbance and construction activity has temporarily ceased.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in 40 C.F.R. Part 401, promulgated by the EPA under the provisions of 33 U.S.C. 1317.
TURBIDITY. The cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye.
WASTE SITE. An area where waste material from a construction site is deposited. When the material is erodible, such as soil, the site must be treated as a construction site.
WATERCOURSE. A permanent or intermittent stream or other body of water, either natural or man-made, which collects or carries surface water. See STREAM.
WATER QUALITY. Characteristics that are related to the physical, chemical, biological, and/or radiological nature of storm water.
WATER QUALITY BUFFER. A setback from the top of water body's bank of undisturbed vegetation, including trees, shrubs and herbaceous vegetation; enhanced or restored vegetation; or the re-establishment of native vegetation bordering streams, ponds, wetlands, springs, reservoirs or lakes, which exists or is established to protect those water bodies.
WATERSHED. All the land area that contributes runoff to a particular point along a waterway.
WATERS OF THE STATE. Any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
WETLAND(S). Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas.
WET WEATHER CONVEYANCES. Man-made or natural watercourses, including natural watercourses that have been modified by channelization, that flow only in direct response to precipitation runoff in their immediate locality and whose channels are at all times above the groundwater table and are not suitable for drinking water supplies, and in which hydrological and biological analyses indicate that, under normal weather conditions, due to naturally occurring ephemeral or low flow, there is not sufficient water to support fish or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months.
(Ord. 2012-18, passed 11-12-12)