For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different 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, wildlife and other resources, and threats to public health.
BEST MANAGEMENT PRACTICES (BMP). Structural measures (wetlands, ponds, sand filters, erosion control and the like) or non-structural measures (restrictive zoning, reduced impervious area and the like) that are implemented to protect water quality and reduce the potential for pollution associated with storm water runoff. These could include schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, any natural drainage crevice, karst feature, ditch, known subterranean water channel, closed systems or catch basins, conveyance or the Municipal Separate Storm Sewer System (MS4). BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
BLUE LINE STREAMS. Streams that are represented either as solid or dashed blue lines on the United States Department of the Interior Geological Survey 1:24,000 quadrangle maps or best available data.
CHANNEL. A natural or artificial 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 Madisonville.
CITY ENGINEER. Designated staff individual who fills the role as the city's civil engineering professional, and who administers this chapter and/or his or her designee.
CLEAN WATER ACT (CWA). Those Federal regulations (33 U.S.0 - 1251 et seq. and any subsequent amendments thereto) that prohibit the discharge of pollutants to waters of the United States unless such 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 (KDOW). Currently these include construction projects resulting in land disturbance of one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION DEWATERING. The removal of water for construction activity by pumping, drainage, or evaporation.
CONTRACTOR. The person or business entity who contracts with the permittee, landowner, developer, or another contractor (such as subcontractor) to undertake any or all of 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.
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. Any individual, firm, corporation, association, partnership, or trust involved in any and all of the activities covered under this chapter to affect development of land for him or her or others.
DRAINAGE BASIN. A part of the surface of the earth that is occupied by and provides surface water runoff into a storm water management system, which consists of a surface stream or a body of impounded surface water together with all tributary surface streams and bodies of impounded surface water.
DRAINAGE WAY. Any channel, opened or piped, that conveys surface runoff throughout the site.
ENGINEER. A person registered to practice Engineering in the Commonwealth of Kentucky pursuant to KRS Ch. 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 SEDIMENT CONTROL PLAN (EPSC). An accurately-scaled set of plans and attendant documentation 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 surface prior to cutting or filling.
FILL. Portion of land surface or 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.
FINAL STABILIZATION. Includes that (1) all land disturbing activities at the site have been completed; (2) there are no areas of active erosion; and (3) that a uniform perennial vegetative cover for the area has been established.
FINISHED GRADE. The final slope or elevation of the ground surface after cutting or filling.
FLOODPLAIN. 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 FLOODPLAIN is defined as the 100-year floodplain having a one percent (1%) chance of being equaled or exceeded in any given year.
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.
GRADING PERMIT. A permit for land disturbance.
IMPERVIOUS SURFACE. A term applied to any ground or structural surface that water cannot penetrate or through which water penetrates with great difficulty.
KENTUCKY DIVISION OF WATER (KYDOW) GENERAL PERMIT (KGP). An agreement between the regulating authority and the permittee, which specifies conservation practices that shall be implemented in the construction of activities specified in the terms and conditions of the general permit.
LAND ALTERATION. Onsite or offsite, the purposeful act includes but is 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.
(1) Includes:
(a) Changes in contours;
(b) Changes in elevations, increase in runoff rate or volume;
(c) Changes drainage patterns;
(d) Creation of a drainage facility or channel;
(e) Creates impounding;
(f) Includes 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 such 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 stormwater runoff and does not exacerbate erosion and sedimentation.
(e) Clearing and grading activities that disturb less than two thousand (2,000) square feet and are situated no closer than fifty (50) feet to a solid or intermittent blue line stream, and which are not governed by a general permit or site disturbance permit.
(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.
MANUAL. The Best Management Practices Manual (BMP) for Erosion Protection and Sediment Control (EPSC).
MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM). Any physical inlet, natural or manmade, 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 Kentucky Division of Water that a construction project seeking coverage under a general permit is about to begin.
NOTICE OF TERMINATION (NOT). A formal notice to the KYDOW having delegated NPDES authority that a construction project is complete and seeking release for the EPSC and the state general permit.
PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMIT PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
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.
PLOT PLAN. A dimensioned sketch prepared by an engineer which indicates the existing site information and features, the extent of improvements on the site, and such other information as may be required.
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.
PUBLIC STORM DRAIN. Drain system provided and maintained by the city or state that is designed to help maintain storm water runoff and also provides inlets for water to travel to holding areas attempting to remove excessive water from streets and other areas.
RESPONSIBLE PERSONNEL. Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with land disturbance.
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, or gravity as a product of erosion.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT. A permit issued by the city for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grubbing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STOP-WORK ORDER. An order directing a permittee or person to cease and desist all or any portion of the work, which violates the provisions of the chapter.
STORMWATER MANAGEMENT PLAN (SWMP). A plan that is based on hydrologic and hydraulic calculations to determine flood stage and required plans, profiles, calculations and support documentation that identify what stormwater management techniques and improvements will be used in the construction, reconstruction or rehabilitation of the site to minimize impacts by development.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan required by storm water regulations or permits that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the storm water, and a description of measures or practices to control these pollutants. This is synonymous with the term BMP Plan used in the KYDOW general permit.
TEMPORARY PROTECTION. Short-term stabilization of erosive or sediment producing areas.
VEGETATIVE PROTECTION. Stabilization of erosive or sediment producing areas by covering the soil with any of the following materials: permanent seeding for long-term vegetative cover, short-term seeding for temporary vegetative cover, sodding, producing areas covered with a turf of perennial sod-forming grass, tree planting, or other planting.
WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the city.
WATERWAY. A channel that directs surface runoff to a watercourse or to the storm drain.
WETLAND. A wetland as indicated on the National Wetland inventory map or best available data.
ZONING ADMINISTRATOR. Designated staff individual who administers the city's zoning and building ordinances.
(Ord. 2006-26, passed 12-4-06)