(A) General provisions. For purposes of this chapter, the terms and words set forth below shall be defined as set forth below. Any terms or words not defined here shall be defined as set forth in the Development Code for all of the county, including the “Zoning District Regulations and the Metropolitan Subdivision Regulations” (hereinafter “the Development Code”), dated November 1997, as it may be amended from time to time.
(B) Specific definitions.
ADVERSE IMPACT. A material, negative impact on land, water, and associated resources resulting from a 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, wildlife, and other resources; and threats to public health.
CEASED. One or more deliberate actions taken by the permittee that, taken together, reasonably indicate a site is no longer active, including, but not limited to, removal of equipment and machinery or failure to maintain EPSC best management practices.
CERTIFIED CONSTRUCTION REVIEWER (CCR). Those individuals, having passed a training course sponsored or approved by the Louisville and the County Metropolitan Sewer District (hereinafter “the MSD”), who provide on-site EPSC inspection for the permittee in accordance with this chapter.
CONCEPT EPSC PLAN. A preliminary presentation of techniques, measures, and controls intended to prevent erosion and control sedimentation arising from land disturbing activities on a specific development site or parcel of land.
CONSTRUCTION DEWATERING. The removal of water for construction activities by pumping, drainage, or evaporation.
CONTRACTOR. A person who contracts with the permittee, landowner, developer, or another contractor (i.e., subcontractor) to undertake any or all the land disturbing activities covered by this chapter.
CO-PERMITTEE. Any person, other than the permittee, including, but not limited to, a developer or contractor who has or represents having financial or operational control over the land disturbing activity.
DETAILED EPSC PLAN. An accurately-scaled plan and attendant documentation depicting and describing techniques, measures, and controls intended to prevent erosion and control sedimentation arising from land disturbing activities on a specific development site or parcel of land. The DETAILED EPSC PLAN includes full engineering and construction details for all proposed controls and shall be incorporated into the full construction plans.
DEVELOPER. A person undertaking or for whose benefit any or all the activities covered by this chapter are commenced or carried out.
DEVELOPMENT CODE. The Development Code for all of the county, including the zoning district regulations and the metropolitan subdivision regulations, as amended from time-to-time.
EPSC. The prevention of soil erosion and control of solid material during sand disturbing activity to prevent its transport out of the disturbed area by means of air, water, gravity, or ice.
EPSC BOARD. The Louisville and Jefferson County Planning Commission.
EROSION. The wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
FINAL STABILIZATION.
(a) All land disturbing activities at the site have been completed.
(b) There are no areas of active erosion evident.
(c) A uniform perennial vegetative cover with a density of 70% of the cover for the area has been established or equivalent stablization measures (i.e., mulches or geotextiles) have been employed.
GENERAL PERMIT. An agreement between the regulating authority and the permittee which specifies conservation measures which must be implemented in the construction of activities specified in the terms and conditions of the general permit.
GRADING. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
LAND DISTURBING ACTIVITY. Any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except the term shall not include:
(a) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;
(b) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street, or sidewalk; provided such land-disturbing activity is confined to the area of the road, street, or sidewalk which is hard surfaced; provided appropriate sediment control practices are implemented for any long-term stockpiling of excavated or fill materials;
(c) Septic tank lines or lateral fields unless included in an overall plan for land-disturbing
activity relating to construction of the building to be served by the septic tank system;
(d) Tilling, planting, or harvesting of 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 stormwater 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 solid or intermittent blue line stream, and which are not governed under a general permit or site disturbance permit; or
(d) Emergency work to ensure health, safety, and property and emergency repairs. However, if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter.
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.
PERMITTEE. The person responsible for the land disturbing activity.
PERSON. Any individual, firm, partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district, or other political subdivision, or any other group or combination acting as a unit, and any agency or instrumentality thereof.
PERSON RESPONSIBLE FOR THE LAND DISTURBING ACTIVITY. The person holding legal title to the land upon which the land disturbing activity will take place or the person in possession or control of the land or who directly allows the land disturbing activity or benefits from it.
QUALIFIED PLAN PREPARER. At a minimum, a professional engineer or landscape architect licensed in the state. The MSD may, at a later dale, develop a program to identify other qualified professionals.
RESPONSIBLE PERSONNEL. Any foreperson, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with land disturbance.
SEDIMENT. 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.
STOP WORK ORDER. An order directing a permittee to cease and desist all or any portion of the work which violates the provisions of this chapter.
(Ord. 26, passed 9-25-2001)