Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The person designated by the permitting authority to administer and enforce this chapter.
AGRICULTURAL. Related to or used for the production of food and fiber, including but not limited to general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, and wild crop harvesting and includes lands used for on-site buildings and other structures necessary to carry out those activities.
APPLICANT. Any person who submits an application for a permit under this chapter.
AS-BUILT PLANS. Drawings depicting conditions as they were actually constructed.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CHANNEL. A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
COMMENCEMENT OF CONSTRUCTION. The initial disturbances of soils associated with clearing, grading, or excavating activities or other construction activities.
COMMUNITY WATER. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the county.
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL. Preventing or reducing soil erosion and sedimentation from land disturbing activity, whether naturally occurring or acting in connection with or promoted by human-made activities or effects.
CONTAMINANT. Any physical, chemical, biological, or radiological substance or matter in water.
DESIGN STORM EVENT. A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design as associated with stormwater runoff.
DISCHARGE. 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.
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 (SOIL EROSION). The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN. A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
EXCAVATION. Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the resulting conditions.
EXISTING DEVELOPMENT. Buildings and other structures and impervious area existing prior to adoption of this chapter.
FILL. Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.
FINAL STABILIZATION. The soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
HOT SPOT or PRIORITY AREA. An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
ILLICIT CONNECTIONS. Illegal and/or unauthorized connections to the municipal separate stormwater 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 in § 152.45.
IMPERVIOUS SURFACE. Any land cover that prevents rain or melting snow from soaking into the ground, such as roofs (including overhangs), roads, sidewalks, patios, driveways, and parking lots. For purposes of this chapter, all road, driveway, or parking surfaces, including gravel surfaces, shall be considered IMPERVIOUS, unless specifically designed to encourage infiltration and approved by the local approval authority.
INCIDENT OF NONCOMPLIANCE or ION. A violation of the stormwater pollution prevention plan observed during an inspection at a construction site.
LAND DISTURBING ACTIVITY. Any land alterations or activities that may result in soil erosion, sedimentation, or change in runoff, including but not limited to removal of ground cover, grading, excavating, and filling of land.
MAINTENANCE. Any activity 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 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 land records that acts as property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL SEPARATE STORMWATER SYSTEM. The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, human-made channels, and storm drains.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. A permit issued pursuant to 33 U.S.C. § 1342.
NEW DEVELOPMENT. Structural development, including construction of a new building or other structures; expansion or alteration of an existing structure that results in an increase in the surface dimensions of the building or structure; land disturbing activities; or creation or expansion of impervious surface.
NON-STRUCTURAL BMPS. Institutional and pollution prevention type practices through education and source control, recycling, and maintenance that prevent pollutants from entering stormwater runoff or reduce the volume of stormwater requiring management.
NOTICE OF INTENT or NOI. The completed permit form submitted to the State Environmental Protection Agency in accordance with its rules and regulations for the authorization to discharge stormwater from a construction site.
NOTICE OF TERMINATION or NOT. The completed form submitted to the State Environmental Protection Agency in accordance with its rules and regulations where a construction site has been finally stabilized and all stormwater discharges from the construction site authorized under a General NPDES Permit for Storm Water Discharges from Construction Site Activities (ILR10) are eliminated.
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.
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, or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.
PERVIOUS SURFACE. Any land cover that permits rain or melting snow to soak into the ground.
PRIORITY AREA. Hot spot; see definition for Hot spot.
QUALIFIED PERSON or QUALIFIED PERSONNEL. A person or personnel knowledgeable in the principles and practice of erosion and sediment controls, such as a licensed professional engineer or other knowledgeable person who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of stormwater discharges from the construction activities.
RUNOFF. The portion of the precipitation on a drainage area that is discharged from the area into the county separate storm sewer system.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest at a different site.
SEDIMENTATION. The deposition of eroded soils at a site different from the one where the erosion occurred.
SITE. The bounded area described in an erosion control plan or stormwater management plan.
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 person, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.
STABILIZATION. Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
STORM EVENTS. The runoff, rainfall, or flood occurrence having a probability of being equaled or exceeded in any given year (e.g., a two-year event has a 50% probability of being equaled or exceeded in a given year; a ten-year event has a 10% probability; a 100-year event has a probability of 1%, and the like).
STORMWATER. The flow of water which results from, and which occurs during and immediately following, a rainfall, snow-melt, or ice-melt event.
STORMWATER MANAGEMENT. Any measures taken to permanently reduce or minimize the negative impacts of stormwater runoff after land development activities.
STORMWATER MANAGEMENT PLAN. The set of drawings and other documents including the erosion and sediment plan that is part of the stormwater pollution prevention plan (SWPPP) that comprise the information and specifications for the programs, drainage systems, structures, BMPs, concepts, and techniques to be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed.
STORMWATER MANAGEMENT SYSTEM. All publicly or privately owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, county streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP. A written document which describes the best management practices and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable and assure compliance with NPDES Permit No. ILR 10 and ILR 40.
STORMWATER RUNOFF. The waters derived from rains falling or snow-melt or ice-melt occurring within a drainage area, flowing over the surface of the ground and collected in channels, watercourses, or conduits.
STRUCTURAL BMPS. Practices to divert flows from exposed soils, store flows or otherwise limit runoff, and the discharges of pollutants from exposed areas of a construction site.
SURFACE WATER. Includes waters upon the surface of the earth in bounds created naturally or artificially, including but not limited to streams, other watercourses, lakes, and reservoirs.
TOTAL MAXIMUM DAILY LOAD or TMDL. The sum of the individual waste load allocations (WLAs) for point sources and load allocations (LAs) for non-point sources and natural background. If a receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any non-point sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.
WATERCOURSE. A permanent or intermittent stream or other body of water, either natural or human-made, which gathers or carries surface water.
WATERSHED. All the land area that contributes runoff to a particular point along a waterway.
(Res. O-62-9-06, passed 9-14-2006; Ord. O-134-12-19, passed 12-12-2019)