§ 8-70 DEFINITIONS.
   Within the context of this article, the following words and terms shall have the meanings set forth except where specifically indicated. Words and terms not defined shall have the meanings indicated by common dictionary definition. For the purpose of this article, definitions contained in South Carolina Regulations 61-9.122.2 and 72-301 are incorporated herein by reference, as needed and applicable.
   Accidental Discharge means a discharge prohibited by this article into the Greenville County Stormwater System or receiving waters, which occurs by chance and without planning or consideration prior to occurrence.
   Applicant means a person, firm, or governmental agency who applying to the MS4 to obtain approval of a permit for a land disturbing activity and to obtain approval to discharge (including stormwater) into the Waters of the State.
   Application means the application form entitled Notice of Intent (NOI) or other specific uniform NPDES application form created or adopted by the MS4, including subsequent additions, revisions, or modifications.
   As-Built Plans or Record Documents means a set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.
   Best Management Practices (BMPs) means a wide range of management procedures, schedules of activities, prohibitions on practices and other management practices to prevent or reduce the discharge of pollutants to Surface Waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage in order to effectively reduce erosion and sedimentation impacts. Best Management Practices (BMPs) must be designed, installed and maintained during land disturbing activities.
   Best Management Practices Manual or BMP Manual means the most recent County Manual of
Installation, Construction, and Maintenance for Stormwater Best Management Practices.
   Borrow and Fill Area means areas where erodible materials (typically soil) are dug for use as fill and the areas where the fill is used, either on-site or off-site. There is no processing or separation of the erodible material conducted at the site. Given the nature of activity and pollutants present at such excavation, borrow and fill areas are considered construction activity for the purpose of this article.
   Buffer Zone is an area, strip, or plot of dense undisturbed perennial native vegetation, either original or reestablished, surrounding streams and rivers, ponds and lakes, wetlands, seeps, or other surface waters that borders Jurisdictional Surface Waters of the United States within which construction activities are restricted, and which buffer zones are established for the primary purposes of protecting water quality and maintaining a healthy aquatic ecosystem in the runoff, enhancing water infiltration, and minimizing the discharge of potential sediment, nutrients or pollutants to receiving surface waters.
   Certified Erosion Prevention and Sediment Control Inspector or CEPSCI or Inspector means a person certified by the State or SCDHEC through a Construction Site Inspectors Certification Course approved by SCDHEC who performs and documents required inspections of stormwater management construction activities paying particular attention to time-sensitive permit requirements such as stabilization and maintenance activities. May also be referred to as Inspector.
   Clean Water Act means the Federal Water Pollution Control Act, as amended, codified at 33 U.S.C. § 1251 et seq.
   Clearing means the removal of vegetation and disturbance of soil prior to grading or exaction in anticipation of construction activities and/or non-construction activities. (For instance, clearing forested land in order to convert forestland to pasture for wildlife management purposes would be considered clearing in anticipation of non-construction activities.) In reference to this article, clearing does not refer to clearing of vegetation and disturbance of soil along existing or new roadways, highways, dams or power lines for sight distance or other maintenance and/or safety concerns, or cold milling of roadway pavement surfaces.
   Comprehensive Stormwater Pollution Prevention Plan (C-SWPPP) as used in this article means the Stormwater Pollution Prevention Plan (SWPPP) prepared according to requirements outlined in this article and SCDHEC’s General Construction Permit Requirements. The comprehensive SWPPP must be submitted with the Notice of Intent (NOI) and must include the Engineering Report (project design calculations). This document must be submitted and approved by SCDHEC and the County prior to obtaining NOI coverage.
   Construction General Permit (GCP) as defined at South Carolina Regulation 61-9.122.2 means an NPDES Permit issued under 61-9.122.28 authorizing a category of discharges or activities under the PCA and CWA within a geographical area.
   Contractor means a person, group, company, etc. hired by the developer to commence and complete construction activities cover by this article.
   County means Greenville County, South Carolina.
   County Council mean the elected officials of Greenville County, South Carolina.
   Design Storm means a Soil Conservation Service Type II, 24-hour duration storm with a specified return interval or as otherwise specified by the Director.
   Detention Structure means a permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff and release the stored runoff at controlled rates.
   Development or Develop Land means any of the following actions undertaken by any person, including, without limitation, any public or private individual or entity:
      (1)   Division of a lot, tract, or parcels or other divisions by plat or deed;
      (2)   The construction, installation, or alteration of a structure, impervious surface or drainage facility;
      (3)   Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation, mud, sand or rock of a site; or
      (4)   Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.
   Direct Discharge means the discharge of a pollutant from the source directly into a receiving water body.
   Director means the Greenville County Assistant Administrator for Community Planning, Development and Public Works or any of that person’s duly authorized representatives.
   Discharge means any discharge or discharge of any sewage, industrial wastes or other waste into the Greenville County MS4 and thus its receiving waters of the State, whether treated or not. When used without qualification, means the discharge of a pollutant.
   Discharge of a Pollutant as defined at South Carolina Regulation 61-9.122.2:
      (1)   Means:
         a.   Any addition of any pollutant or combination of pollutants to Waters of the State from any point source; or
         b.   Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.
      (2)   Includes additions of pollutants into Waters of the State from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.
   Discharge of Stormwater Associated with Construction Activity refers to a discharge of pollutants in stormwater from areas where land disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.
   Easement means a grant or reservation by the owner of land for the use of such land by others for a specific purpose, and which must be included in the conveyance of land affected by such easement.
   Erosion means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
   Final Stabilization means that all land disturbing activities at the construction site have been completed and that on all areas not covered by permanent structures, either of the following 2 criteria is met:
      (1)   A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover has been established excluding areas where no natural background vegetation cover is possible (e.g. on a beach); or
      (2)   Equivalent permanent stabilization measures (such as the use of landscape mulch, riprap, pavement or gravel) have been implemented to provide effective cover for exposed portions of the construction site not stabilized with vegetation.
      (3)   For individual lots in residential construction, final stabilization means that either:
         a.   The homebuilder has achieved final stabilization on all portions of the lot; or
         b.   The homebuilder has established temporary stabilization including perimeter controls for a residential lot(s) have been achieved prior to occupation of the home by the homeowner and that the homeowner has been informed by the primary/secondary permittee about the need for, and benefits of, final stabilization.
      (4)   For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), either:
         a.   Final stabilization has been accomplished by returning the disturbed land to its preconstruction agricultural use; and
         b.   For any areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to Surface Waters of the State, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (1) or (2) or (3) above.
      (5)   Land disturbance activities were never initiated on the construction site and the construction site remains permanently stabilized.
   Grading means excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
   Greenville County Stormwater System means the conveyance or system of conveyances (including roads with drainage systems, highways, right-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, detention ponds, and other stormwater facilities) which is:
      (1)   Owned or operated by the Greenville County;
      (2)   Owned or operated by municipalities in Greenville County which have entered into inter-governmental agreements with Greenville County for the operation of their stormwater system;
      (3)   Designed or used for collecting or conveying stormwater and located within the county’s road right of way;
      (4)   Which are not a combined sewer system; and
      (5)   Is not part of a Publicly Owned Treatment Works (POTW).
   Illicit connection means a connection to the Greenville County Stormwater System which results in a discharge that is not composed entirely of stormwater runoff except discharges pursuant to an NPDES permit (other than the NPDES permit for the Greenville County Stormwater System).
   Illicit discharge means any activity which results in a discharge to the Greenville County Stormwater System or receiving waters that is not composed entirely of stormwater except:
      (1)   Discharge pursuant to an NPDES permit (other than the NPDES for the Greenville County); and
      (2)   Discharges resulting from the fire-fighting activities.
   Impaired Waters means waters identified by a State, Tribe or EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State water quality standards to support classified uses as promulgated in Regulations 61 - 68, Water Classifications and Standards and Regulations 61 - 69, Classified Waters. Impaired waters include both waters with approved or established TMDLs and those for which a TMDL has not yet been approved or established. A list of the streams and lakes not meeting water quality standards can be found on SCDHEC’s website.
   Impervious Surface means any land surfaces with a low or no capacity for stormwater infiltration, including but not limited to, building rooftops, sidewalks, impervious pavement, impervious parking areas and driveways and packed gravel and soil).
   Improper disposal means any disposal other than through an illicit connection that results in an illicit discharge, including, but not limited to the disposal of used oil and toxic materials resulting from the improper management of such substances.
   Infiltration means the passage or movement of water through the soil or media profile.
   Inspector means a person certified by the State or Department through a Construction Site Inspector Certification Course approved by SCDHEC. An Inspector performs and documents required inspection of stormwater construction activities or post construction BMPs paying particular attention to time-sensitive permit requirements such as stabilization and maintenance activities.
   Land Disturbance Permit means the instrument issued by Greenville County that grants an operator the right to perform land disturbance activities once Greenville County has reviewed the applicant’s submitted SWPPP to ensure that it complies with federal, state and county requirements.
   Land Disturbing Activity means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute sediment and alter the quality and quantity of stormwater runoff. Such activities include but are not limited to clearing, removal of vegetation that disturbs the soil, striping, grading, grubbing, excavation, filling, logging and storing of materials. Clearing of areas where soils are not exposed and an adequate vegetative structure is left in place is not considered land disturbance, provided that the clearing is not in anticipation of other construction activities such as grubbing and grading.
   Larger Common Plan for Development or Sale (LCP) is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities which may occur on a specific plot.
      (1)   A common plan for development or sale identifies a site where multiple separate and distinct construction activities (areas of disturbance) are occurring on contiguous areas. Such site may have one operator or owner or several operators and owners. Construction activities may take place at different times on different schedules, in separate stages, and/or in separate phases, and/or in combination with other construction activities. Each developer, operator or owner for each site or project determined to be a part of a LCP are subject to permitting requirements as defined by this article.
      (2)   Projects and sites identified as part of a larger common plan for development or sale are linked thru permitting by Greenville County as part of one plan, referred to as the larger common plan. LCP projects must ensure that adequate stormwater management facilities are designed into the projects) or site(s) to control pollution and protect water quality during all stages or phases of development. Project or sites added as part of a LCP may be required to expand existing or provide additional stormwater management facilities to control pollution from land disturbance activities from other contiguous areas or proposed additional phases as required by this article.
      (3)   LCP projects are typically identified by the documentation that identifies the scope of the project including such things as plats, blueprints, marking plans, contracts, building permits, public notice or hearing, and zoning requests. If master calculations have been prepared and/or submitted for an entire site, then all phases and parcels at that site would be considered part of a LCP.
   Landowner means an owner of real property.
   Low Impact Development (LID) means an approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible, the LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. There are many practices that have been used to adhere to these principles such as bio-retention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. By implementing LID principles and practices, water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed. Applied on a broad scale, LID can maintain or restore a watershed’s hydrologic and ecological functions.
   Mass Grading is the movement of earth as a part of construction activities altering the topographic features of a site, including elevation and slope, in order to prepare the site to be pad ready and prepared for fine grading/construction activities. Soils are heavily disturbed and compacted in this process.
   Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article and to prevent structural failure of such facilities.
   Maintenance Agreement means a written contract between the responsible party and the County to perform any action necessary to maintain stormwater management facilities and/or Best Management Practices in proper working condition as described in the Stormwater Management Design Manual, in order to serve the intended purposes as originally designed, and as set forth in this article.
   Minimize means to reduce and/or eliminate to the extent achievable using stormwater controls (including Best Management Practices) that are technologically available and economically practicable and achievable in light of best industry practices.
   Municipal Separate Storm Sewer System or MS4 as defined at South Carolina Regulation 61-9.122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
      (1)   Owned and /or operated by a state, city, town, borough, county, parish, district, association or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or disposal of stormwater or other wastes as designated under section 208 of the CWA that discharges to Surface Waters of the United States;
      (2)   Designed or used for collecting or conveying stormwater;
      (3)   Which is not a combined sewer; and
      (4)   Which is not part of a Publicly Owned Treatment Works (POTW) as defined at South Carolina Regulation 61-9.122.2.
   National Pollutant Discharge Elimination System (NPDES) as defined at South Carolina Regulation 61-9.122.2 means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of National Pollutant Discharge Elimination System. See Clean Water Act. The term includes an approved program.
   New Owner or New Operator means an operator or owner that replaces an existing operator or owner on a construction project through transfer of ownership and/or operation.
   Non-Structural Stormwater Method or Practice means stormwater runoff treatment techniques that use natural measures to reduce pollution levels, do not require extensive construction efforts, and/or promote pollutant reduction by eliminating the pollutant source.
   NPDES Permit means the NPDES permit for stormwater discharges issued to Greenville County by SCDHEC pursuant to the Clean Water Act and the federal stormwater discharge regulations (40 CFR 122.26) for all point source discharges into surface waters, and shall constitute a final determination of SCDHEC.
   One Hundred Year Frequency Storm means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 100 years. It also may be expressed as an exceedance probability with a 1% chance of being equaled or exceeded in any given year. Likewise a 100 year 24-hours storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 100 years.
   Operator in context of stormwater associated with construction activity, means any party associated with a construction project that meets 1 of the following 2 criteria:
      (1)   The person has operational or design control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs and specifications by a qualified individual. This person is typically the owner or developer of the project or a portion of the projects (subsequent builders), and is considered the primary permittee; or
      (2)   The person has day-to-day operational control of those activities at a construction site which are necessary to ensure compliance with a SWPPP for the site or other permitted conditions. This person is often referred to as the operator of day-to-day site activities and is typically a contractor or a commercial builder who is hired by the primary permittee. This person is considered a secondary permittee.
   Outfall means a point source where Greenville County Stormwater System discharges into a receiving body of water. For the purpose of construction activities outfall means a point source at the discharge point of a waste stream, sewer, or drain into a receiving body of water.
   Owner or Operator means the owner or operator of any facility or activity subject to regulations under the NPDES program.
   Person means any and all persons, natural or artificial and includes any individual, association, firm, public or private corporation, business trust, estate, trust, partnership, industry, 2 or more persons having a joint or common interest, political subdivision, municipality, state or federal or an agent or employee thereof, or any other legal entity whatsoever.
   Pollutant as defined at South Carolina Regulation 61-9.122.2 means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. Typical construction site pollutants include sediment, oil and grease, pesticides and fertilizers, pollutants from construction wastes, and pollutants from construction materials.
   Pollution Control Act (PCA) as defined at South Carolina Regulation 61-9.122.2 means the South Carolina Pollution Control Act (PCA), S.C. Code § 48-1-10 et seq.
   Post-Development means the conditions which exist following the completion of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction stormwater runoff.
   Pre-Development means the conditions which existed prior to the initiation of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
   Primary Permittee means the person that has operational control over construction plans, SWPPPs and specifications, including the ability to request modifications to those plans, SWPPPS and specifications, by a qualified individual. This person is typically the owner or developer of the project or a portion of the project (subsequent builders).
   Receiving waters means the waters into which the Greenville County Stormwater System outfalls flow and which are located within the jurisdictional boundaries of Greenville County and include, without limitation, the lakes, rivers, streams, ponds, wetlands, and groundwater of Greenville County.
   Redevelopment means a land disturbance activity that alters the current use of the land but does not necessarily alter the pre-development runoff characteristics.
   Regulation means any regulation, rule or requirement prepared by County, and adopted by the Greenville County Council pursuant to this article.
   Responsible Party and/or Responsible Parties means any property (lot) owner of a development, as defined in the original approved Stormwater Management Plan, Stormwater Pollution Prevention Plan, Maintenance Agreement, restrictive covenant, final plat, or are part of a larger common plan of development, and any Property Owner Association (POA), Home Owner Association (HOA), landowner, individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns or successors in interest, who has stormwater responsibilities and/or requirements under this article.
   Responsible Personnel means any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities and has signed the contractor certification form.
   Retention Structure means a permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff. Release of the given volume is by infiltration and/or evaporation.
   SWMP means the Greenville County Stormwater Management Program.
   Secondary Permittee means the person who has day-to-day operational control of those activities at a residential development that are necessary to ensure compliance with a SWPPP for the site or other permit conditions. The person is typically an individual lot owner or residential builder.
   Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
   Sensitive Waters means any waters with approved or established TMDLs, any waters included in the most recent SCDHEC Bureau of Water Clean Water Act (CWA) Section 303(d) list, and/or any waters pursuant to South Carolina’s Classification and Standards (R.61-68) and Classified Waters (R.61-69) regulations that are classified as either Outstanding National Resource Waters, Outstanding Resource Waters, Trout Waters, or Shellfish Harvesting Waters.
   Simplified Stormwater Management and Sediment Control Plan (SMSCP) means a submittal meeting the requirements in § 8-77(b) of this article by the operator for land disturbing activities meeting the requirements in § 8-77.
   Single-Family Residence-Separately Built means a noncommercial dwelling that is occupied exclusively by 1 family and not part of a residential subdivision development or a duplex.
   Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants.
   Stabilization means the installation of vegetative or non-vegetative (structural measures) to establish a soil cover to prevent and/or reduce soil erosion and sediment loss in areas exposed during the construction process.
   Stop Work Order means an order directing the operator to cease and desist all or any portion of the work which violates the provisions of this article.
   Stormwater means rainfall, stormwater runoff, snow melt runoff, and surface runoff and drainage.
   Stormwater Management for:
      (1)   Quantitative control, a system of vegetative or structural measures, or both the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this article and its terms, including, but not limited to measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
      (2)   Qualities control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
   Stormwater Management and Sediment Control Plan or SMSCP means the set of drawings and other documents and supporting calculations submitted as a prerequisite to obtaining a permit to undertake a land disturbance activity. SMSCP must contain all information and specifications identified in the Design Manual. In general the SMSCP is considered to be a part of the Stormwater Pollution Prevention Plan (SWPPP).
   Stormwater Management Design Manual or Design Manual means the most recent Greenville County manual for design, performance, and review criteria for stormwater best management practices.
   Stormwater Management Facility means any structural stormwater management measure used to treat stormwater runoff including, but not limited to basins, ponds, proprietary devices, low impact development features, water quality buffers, filtration and/or other treatment devices.
   Stormwater Management Program (SWMP) means the requirements, policies and procedures established by Greenville County to control the contribution of pollutants to the Greenville County MS4 and receiving waters by stormwater discharges associated with residential, commercial, industrial, and related facilities activity and the adverse effects to quantity and quality of stormwater discharged from sites of residential, commercial, industrial, and related facilities activity in order to comply with the intent of the NPDES permit and the goals of Greenville County Council.
   Stormwater Pollution Prevention Plan (SWPPP) generally means a site-specific written document that:
      (1)   Identifies potential sources of stormwater pollution at the construction site;
      (2)   Describes stormwater control measures to reduce or eliminate pollutants in stormwater discharges from the construction site; and
      (3)   Identifies procedures that operator will implement to comply with the terms and conditions of this article.
   The SWPPP includes site map(s), drawings and plans, other documents, and supporting calculations, and identifications of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. SWPPP generally means Comprehensive Stormwater Pollution Prevention Plan, unless specific reference is given to the On-Site SWPPP.
   Stormwater Runoff means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
   Subdivision, unless otherwise defined in an ordinance adopted by a local government pursuant to S.C. Code, Title 6, Ch. 29, means all divisions of a tract or parcel of land into 2 or more lots, building sites, or other divisions, or parcels less than 5 acres, for the purpose, whether immediate or future, of sale, legacy, or building development, or includes all division of land involving a new street or a change in existing streets, and includes re-subdivision and, where appropriate, in the context, shall relate to the process of subdividing or to the land or area subdivided.
   Ten-Year Frequency Storm or Ten-Year Storm Event means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedance probability with a 10% chance of being equaled or exceeded in any given year. Likewise a 10-year 24-hour storm event means the maximum 24-hour precipitation event with a problem recurrence interval of once in 10 years.
   Total Daily Maximum Load or TMDL is a calculation of the maximum amount of a specific pollutant(s) that a water body can receive and still meet water quality standards. It is the sum of the allowable loads or allocations of a given pollutant from all contributing points (waste load allocations (WLA)) and nonpoint (load allocation (LA)) sources. It also incorporates a margin of safety and consideration of seasonal variation. For an impaired water body, the TMDL document specifies the level of pollutant reduction needed for water body use attainment. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.
   Twenty-Five Year Frequency Storm or Twenty-Five Year Storm Event means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 25 years. It also may be expressed as an exceedance probability with a 4% chance of being equaled or exceeded in any given year. Likewise a 25 year 24-hour storm event means the maximum 24-hour precipitation event with a problem recurrence interval of once in 25 years.
   Two-Year Frequency Storm or Two Year Storm Event means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 2 years. It may also be expressed as an exceedance probability with a 50% chance of being equaled or exceeded in any given year. Likewise a 2-year 24-hour storm event means the maximum 24-hour precipitation event with a problem recurrence interval of once in 2 years.
   Variance means the modification of the minimum sediment and stormwater management requirements contained in this article and the Stormwater Management Program for specific circumstances where strict adhere of the requirements would result in unnecessary hardship and not fulfill the intent of this article.
   Waiver means the relinquishment from sediment and stormwater management requirements by the appropriate plan approval authority for a specific land disturbing activity on a case-by- case review basis.
   Water Quality means those characteristics of stormwater runoff from a land disturbing activity that relate to the physical, chemical, biological, or radiological integrity of water.
   Water Quantity means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff to downstream areas resulting from land disturbing activities.
   Waters of the State as defined in South Carolina Regulation 61-9.122.2 means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction.
   Waters of the United States or Waters of the U.S. as defined in South Carolina Regulation 61-9.122.2 means:
      (1)   All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce;
      (2)   All interstate waters, including interstate wetlands;
      (3)   All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:
         a.   Which are or could be used by interstate or foreign travelers for recreational or other purposes;
         b.   From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
         c.   Which are used or could be used for industrial purposes by industries in interstate commerce.
      (4)   All impoundments of waters otherwise defined as Waters of the United States under this definition;
      (5)   Tributaries of waters identified in paragraphs (1) through (4) of this definition;
      (6)   The territorial sea;
      (7)   Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (1) through (6) of this definition; and
      (8)   Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not Waters of the United States.
   Watershed means the drainage area contributing stormwater runoff to a single point.
   Watershed Master Plan means a plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic and administrative data needed to justify the plan.
   Wetlands means those areas that are inundated or saturated by surface 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.
(1976 Code, §§ 8-72, 8-151) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)