The following words and phrases, when used in this chapter shall have the following meaning.
ADVERSE IMPACT. A material negative impact to the land, water and associated resources resulting from land disturbing activity. The negative impact includes increased risk of flooding, degradation of water quality, increased sedimentation, reduced groundwater recharge, adverse effects on aquatic organisms and other resources and threats to public health.
AUTHORIZED ENFORCEMENT AGENCY. The Hopkinsville Surface and Storm Water Utility (SSWU), or its designated agent, will enforce the chapter.
BEST MANAGEMENT PRACTICE (BMP). Refers to physical, structural and/or managerial practices, that when used individually or in combination, prevent or reduce pollution of water and have been approved by the SSWU. BMPs include, but are not limited to, infiltration, retention and/or detention, bio-filtration facilities, open ditches with check dams, filter fabric strips, oil/water separators, wet ponds, constructed wetlands, erosion and sedimentation control and other treatment/abatement facilities. BMPs include, but are not limited to, structural solutions covered by the terms best available technology (BAT) and all known available and reasonable methods of treatment (AKART).
CHANNEL. A natural or constructed/humanmade watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water. CHANNEL FLOW is that water which is flowing within the limits of the defined channel.
CITY. The City of Hopkinsville, Kentucky
CLEAN WATER ACT. Those federal regulations (33 U.S.C. §§ 1251 et seq. and as amended) that prohibit the discharge of pollutants to waters of the United States unless the discharge is in accordance with an approved National Pollutant Discharge Elimination System (NPDES) permit.
CLEARING. Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITY. Any activities subject to NPDES construction permits issued by the United States Environmental Protection Agency (USEPA) or the Kentucky Division of Water (KYDOW). Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CRITICAL AREA. A site subject to erosion or sedimentation as a result of cutting, filling, grading or other disturbance of the soil; a site difficult to stabilize due to exposed subsoil, steep slope, extent of exposure, close proximity to a water body and other conditions.
DETENTION. The temporary delay of storm runoff prior to discharge into receiving waters.
DEVELOPER. A person, partnership, association, corporation or other entity, or any responsible person therein or agent thereof, that undertakes any regulated activity of this chapter.
DRAINAGE BASIN. A storage area to collect storm water.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
ENGINEER. A person registered to practice Engineering in the Commonwealth of Kentucky pursuant to KRS Chapter 322; a professional engineer.
EROSION. The wearing away of land surface by the action of wind, water, gravity, ice or any combination of those forces.
EROSION PREVENTION AND SEDIMENT CONTROL PLAN (EPSC PLAN). A scaled set of plans and attendant documentation prepared by a professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. The detailed EPSC PLAN shall include the full engineering and construction details for the proposed controls and shall be incorporated into the full construction plans.
EXCAVATION. Any portion of land surface or area from which earth has been removed or will be removed; the depth below original ground surface to remaining surface.
EXISTING GRADE. The slope or elevation of existing ground prior to cutting or filling.
FILL. The portion of land surface to area to which soil, rock or other materials have been or will be added; height above original ground surface after the material has been or will be added.
FLOOD PLAIN. The relatively flat or lowland area adjoining a river, stream, watercourse, lake or other body of standing water, which has been or may be covered temporarily by floodwater. For purposes of this chapter, the FLOOD PLAIN is defined as the area encompassed by a 100-year storm having a 1% chance of being equaled or exceeded in any given year.
GRADING. Any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
GRADING AND CLEARING PERMIT. A permit for land disturbance.
IMPERVIOUS. Not allowing water to penetrate or water penetrates with great difficulty.
KENTUCKY DIVISION OF WATER (KYDOW) GENERAL PERMIT. An agreement between the regulating authority and the permittee, which specifies conservation practices that shall be implemented in the construction activities specified in the terms and conditions of the general permit.
LAND ALTERATION.
(1) Onsite or offsite the purposeful act that includes but not limited to clearing, grubbing, excavating or grading; disrupting ground surface by or for construction activities, including construction access/roads, staging and storage sites producing significant areas of exposed soil and soil piles. Includes:
(a) Changes in contours;
(b) Changes in elevations, increase in runoff rate or volume;
(c) Changes in drainage patterns;
(d) Creation of a drainage facility or channel;
(e) Impounding; and/or
(f) Construction enlargement or location of any building on a permanent foundation.
(2) The term shall not include:
(a) Minor land disturbing activities, such as home gardens and individual home landscaping, and associated repairs and maintenance work;
(b) Installation, maintenance or repair of any underground public utility when such activity occurs adjacent to an existing hard surfaced road, street or sidewalk; provided, the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced and which appropriate sediment control practices are implemented for any long term stockpiling of excavated or fill materials;
(c) Septic tank or lateral field, unless included in an overall plan for land disturbing activity related to construction of the building to be served by the septic tank system;
(d) Tilling, planting or harvesting agricultural, horticultural or forest crops or livestock feedlot operations, including soil conservation operations related to agriculture as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing and land drainage and land irrigation which does not cause an increase in storm water runoff and does not exacerbate erosion and sedimentation;
(e) Clearing and grading activities that disturb less than 2,000 square feet and are situated no closer than 50 feet to a stream, and which are not governed by a general permit or site disturbance permit; and/or
(f) Emergency work to ensure the health, safety and property. However, if the activity would have required an approved ESC plan if the activity were not an emergency, then the land are disturbed shall be shaped and stabilized in accordance with the requirements of this chapter.
LAND DISTURBANCE. The purposeful act of clearing, grubbing, excavating or grading; disrupting ground surface by or for construction activities, including construction access/road, staging and storage sites producing significant areas of exposed soil and soil piles.
LANDOWNER. A person, firm or governmental agency holding legal title or in possession or control of the land who indirectly or directly allows the land disturbing activity or benefits from it.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Any physical inlet, natural or human-made, conveyance, storage basins or outfalls in which storm water is induced, conveyed, stored or discharged.
NATURAL FEATURES OF CONCERN. Wetlands, endangered or threatened species habitat and the like.
NPDES. The National Pollution Discharge Elimination System, under the umbrella of this chapter, a process under which the federal government, through the state governments, has required the city to establish the means and methods to eliminate the erosion of soils during and after the construction process, and the release of same to public waters.
NOTICE OF INTENT (NOI). A formal notice to the EPA or a state agency having delegated NPDES authority that a construction project seeking coverage under a general permit is about to begin.
PERMITTEE. The person responsible for the land disturbing activity.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
PLAN. A document approved at the site design phase that outlines the measures and practices used to control storm water runoff at a site.
POLLUTANT. Anything that causes or contributes to a violation of applicable water quality standards. POLLUTANTS may include, but are not limited to, paints, varnishes, solvents, oil or other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, sediment and detergents so that same may cause or contribute to pollution. POLLUTANTS may also include, but are not limited to, 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, and noxious or offensive matter of any kind.
SEDIMENT. Solid material, both mineral and organic, that in suspension is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENT CONTROL. Measures that prevent eroded soil or other material from leaving the site.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation subject to erosion of sedimentation as a result of cutting, filling, grading or other disturbance of the soil.
STORM WATER. Any surface flow, runoff, ponding or drainage from any form of precipitation.
STORM WATER MANAGEMENT PLAN (SWMP). A plan that is based on hydrologic and hydraulic calculations to determine flood stage and required improvement to minimize impacts by development.
WATER QUALITY STANDARDS. Administrative regulations promulgated by the State of Kentucky establishing the designated use of a surface water and the water quality criteria necessary to maintain and protect that designated use (401 K.A.R. 5:002; 401 K.A.R. 5:031, as amended).
WATERCOURSE. Any body of water or conveyance, including, but not limited to, lakes, ponds, rivers, creeks, streams, karst features, drainage basins or bodies of water delineated by the City of Hopkinsville.
(Ord. 37-2007, passed 11-20-2007)