1193.02  DEFINITIONS.
   These definitions shall incorporate any additions or revisions contained in the most current Ohio NPDES Statewide Construction Storm Water General Permit.
   (1)   Best Management Practices (BMPs) Also Storm Water Control Measures (SCMs): The schedules of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control storm water volume and rate.  This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
   (2)   Clean Water Act (also referred to as Act)  Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117 and Pub. L. 100-4, 33 U.S.C. 1251 et. seq.  Referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972 and any subsequent amendments thereto.
   (3)   Commencement of Construction:  The initial Disturbance of soils associated with clearing, grubbing, grading, and placement of fill or excavating activities or other construction activities.
   (4)   Comprehensive Storm Water Management Plan: The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate or minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
   (5)   Concentrated Storm Water Runoff:  Any Storm Water runoff which flows through a drainage pipe, ditch, diversion or other discrete conveyance channel.
   (6)   Development:  The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
   (7)   Development Area: A parcel of contiguous parcels owned by one person or persons, or operates as one development, unit and used or being developed for commercial, industrials, residential, institutional or other construction or alteration that changes runoff characteristics.
   (8)   Development Drainage Area: A combination of each hydraulically unique watershed with individual outlet points on the development area.
   (9)   Development Engineer: A licensed professional engineer designated by the Community Development Director to be responsible for performance of the engineering and inspection services as may be assigned by the Community Development Director.
   (10)   Director: The director of the Community Development Department for the City of Kent, Ohio or his/her designee.
   (11)   Discharge:  The addition of any pollutant to the Surface Waters of the State from a Point Source.
   (12)   Disturbance: Any clearing, grading, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.
   (13)   Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
   (14)   Drainage: The removal of excess surface water or groundwater from land by surface of subsurface drains.
   (15)   Drainage Watershed:  For purposes of the most current Ohio NPDES Statewide Construction Storm Water General Permit the total contributing drainage area to a BMP/SCM, i.e., the "watershed" directed to the practice.  This would also include any off-site drainage.
   (16)   Erosion: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of these forces.
   (17)   Extended Detention Facility: A storm water control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
   (18)   Final Stabilization: means that either:
      (A)   All soil disturbing activities at the site are complete and a uniform perennial vegetative cover (e.g. evenly distributed, without large bare areas) with a density of at least 80 percent cover for the area has been established on all unpaved areas and areas not covered by permanent structures or equivalent stabilization measures (such as the use of landscape mulches, rip-rap, gabions, or geotextiles) have been employed.  In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion; or
      (B)   For individual lots in residential construction by either:
         a.   The homebuilder completing Final Stabilization as specified above or
         b.   The homebuilder establishing Temporary Stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for and benefits of, Final Stabilization.  (Homeowners typically have an incentive to put in the landscaping functionally equivalent to Final Stabilization as quick as possible to keep mud out of their homes and off sidewalks and driveways); or
      (C)   For construction projects on land used for agricultural purposes (e.g. pipelines across crop or range land), Final Stabilization may be accomplished by returning the disturbed land to its pre-construction agricultural use.  Areas disturbed that were previously used for agricultural activities, such as buffer strips immediately adjacent to Surface Waters of the State and which are not being returned to their pre-construction agricultural use, must meet the Final Stabilization criteria in (1) or (2) above.
   (19)   Grading: The process in which topography of the land is altered to a new slope.
   (20)   Impervious Area: Any surface that cannot effectively absorb or infiltrate water. That may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
   (21)   Individual Lot NOI:  A Notice of Intent for an individual lot to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
   (22)   Infiltration Control Measure: A storm water control measure that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate in to the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
   (23)   Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
   (24)   Low Impact Development (LID): A site design approach which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality.  LID's goal is to mimic natural hydrology and process by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire storm water.  LID storm water control measures (SCM's) are uniformly and strategically located throughout the site.
   (25)   Maximum Extent Practical (MEP): The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under C.F.R. Parts 9, 122, 123 and 124, or most current Ohio NPDES Statewide Construction Storm Water General Permit also referred to as the NPDES Storm Water Phase II, must meet.
   (26)   MS4:  Municipal separate storm sewer system which means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) that are:
      (A)   Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including special district under state law such as a sewer district, flood control district or drainage districts or similar entity or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into water resources; and
      (B)   Designed or used for collecting or conveying solely Storm Water,
      (C)   Which is not a combined sewer, and
      (D)   Which is not a part of a publicly owned treatment works.
   (27)   National Pollutant Discharge Elimination System (NPDES) A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
   (28)   NOI: Notice of Intent to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
   (29)   Non-Structural Storm Water Control Measure (SCMs): Any technique that uses natural processes and features to prevent or reduce the discharge or pollutant to water resources and controls storm water volume and rate.
   (30)   NOT: Notice of Termination to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
   (31)   Operator(s):  Any party associated with a construction project that meets either of the following two criteria:
      (A)   The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
      (B)   The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with an SWP3 for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP or comply with other permit conditions).
      (C)   There can be more than one Operator(s) at a site and under these circumstances, the Operator(s) shall be co-permittees.
   (32)   Ordinary High Water Mark:  That line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
   (33)   Owner(s): The Qwner Owner of any "facility or activity" subject to regulation under the NPDES program.
   (34)   Permanent Stabilization: The establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip-rap and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further Disturbance is expected for at least one year.
   (35)   Percent imperviousness:  The impervious area created divided by the total area of the project site.
   (36)   Point Source:  Any discernable, confined and discrete conveyance, including but not limited to, any pipe ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling rock, concentrated animal feeding operation, landfill leachate collection system, vessel or the floating craft from which pollutants are or may be discharged.  This term does not include return flows from irrigated agriculture or agricultural Storm Water runoff.
   (37)   Post-Development: The condition that exists following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate. volume, quality or direction of storm water runoff.
   (38)   Pre-Construction Meeting: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.
   (39)   Pre-Development:  The condition that exists prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality, or direction of storm water runoff.
   (40)   Professional Engineer: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors
   (41)   Qualified Inspection Personnel:  A person knowledgeable in the principles and practice of erosion and sediment controls, who possesses the skills to assess all conditions at the construction site that could impact Storm Water quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of Storm Water Discharges from the construction activity.
   (42)   Rainwater and Land Development:  A manual describing construction and post-construction Best Management Practices and associated specifications.  A copy of the manual may be obtained by contacting the Ohio Department of Natural Resources, Division of Soil & water Conservation.
   (43)   Riparian Area:  The transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, increase stream shading and enhance wildlife habitat, and as outlined in Chapter 1201 .
   (44)   Runoff: The portion of rainfall, snow melt or irrigation water that flows across the grounds surface and is eventually returned to water resources.
   (45)   Runoff Coefficient: The fraction of total rainfall that will appear at the conveyance as runoff.
   (46)   Sediment: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice or gravity as a product of erosion.
   (47)   Sediment Settling Pond:  A sediment trap, sediment basin or permanent basin that has been temporarily modified for sediment control, as described in the latest edition of Rainwater and Land Development Manual.
   (48)   Sedimentation: The deposition of sediment in water resources.
   (49)   Special Flood Hazard Area (SFHA): The area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year.
   (50)   State Isolated Wetland Permit Requirements:  The requirements set forth in Section 6111.02 through 6111.029 of the ORC.
   (51)   Storm Water:  Storm Water runoff, snow melt runoff and surface runoff and drainage.
   (52)   Storm Water Control Measure (SCM): Also Best Management Practice (BMP): Schedules of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control storm water volume and rate.  This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
   (53)   Structural Storm Water Management Practice or Storm Water Control Measure (SCM):  Any constructed facility structure or device that prevents or reduces the discharge of pollutants to water resources and controls storm water volume and rate.
   (54)   Surface Water of the State or Water Bodies:  Also Water Resources.  All streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways which are situated wholly or partially within the boundaries of the state, except those private waters which do not combine or affect a junction with natural surface or underground waters.  Water defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the ORC are not included.
   (55)   SWPPP or SWP3:  Storm Water Pollution Prevention Plan.
   (56)   Temporary Stabilization:  The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
   (57)   Total Maximum Daily Load: The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment.  A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standards.
   (58)   Water Quality Volume (WQv): The volume of Storm Water runoff which must be captured and treated prior to discharge from the developed site after construction is complete.  WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.
   (59)   Water Resource: See Surface Water of the State or Water Bodies
   (60)   Water Resource Crossing: Any bridge, box, arch, culvert, truss or other type of structure intended to convey people, animals, vehicles or material from one side of a watercourse to another.  This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
   (61)   Watershed: The total drainage area contributing storm water runoff to a single point.
   (62)   Wetland: Those area that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs an similar areas (40 CFR 232, as amended.
      (Ord. 2017-17.  Passed 3-15-17.)