14-1-2: DEFINITIONS:

Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ANTI-ICING:	The application of a liquid deicer prior to onset of a snow event.
ASPHALT BASED SEALER:	A petroleum based sealer material that is commonly used on driveways, parking lots, and other surfaces and does contain PAHs.
AUTHORIZED ENFORCEMENT AGENCY:	Employees or designees of the city of Mendota Heights or other governing authorities designated to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs):	Structural, vegetative, or managerial practices used to treat, prevent or reduce water pollution.
CITY:	The city of Mendota Heights, Minnesota, and any of its employees, agents, contractors or designees.
CERTIFIED SALT APPLICATOR:	An individual who applies deicer and has completed Minnesota Pollution Control Agency Smart Salting training (Level 1 or 2).
CLEAN WATER ACT:	The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
COAL TAR:	A byproduct of the process used to refine coal.
COAL TAR SEALANT PRODUCT:	A surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the chemical abstracts service (CAS) numbers 65996-93-2, 65996-89-6, or 8007-45-2.
DEICER:	Any substance used to melt snow and ice or used for its ani-icing effects.
DISCHARGE:	Any substance entering the stormwater system by any means.
DISCHARGE, ILLICIT:	Any direct or indirect nonstormwater discharge to the stormwater system, except as exempted in subsections 14-1-7B2a and B2b of this chapter.
DISCHARGE, NONSTORMWATER:	Any discharge to the stormwater system that is not composed entirely of stormwater.
EROSION:	Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of people or nature.
EROSION PREVENTION:	Methods employed to prevent erosion. Examples include, but are not limited to: soil stabilization practices, horizontal slope grading, limited grading, temporary or permanent cover, and construction phasing.
FINAL STABILIZATION:	A.   All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed;
	B.   For individual lots in residential construction by the contractor, the contractor must either: 1) complete final stabilization as specified above, or 2) establish temporary stabilization including perimeter controls for an individual lot prior to occupation of the structure. If the contractor chooses item 2 above, it must inform the owner in writing of the need for, and benefits of, final stabilization;
	C.   For construction projects on land used for agricultural purposes, final stabilization may be accomplished by returning the disturbed land to its
	preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in subsection A or B of this definition;
	D.   The contractor must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from washing back into the basin, conveyances or drainageways discharging off site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. All drainage ditches constructed to drain water from the site after construction is complete must be stabilized to preclude erosion; and
	E.   All temporary synthetic and structural erosion prevention and sediment control BMPs must be removed as part of the final stabilization on the site.
HAZARDOUS MATERIALS:	Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS:	Either:
	A.   Any drainage, whether on the surface or subsurface, which allows an illicit discharge to enter
	the stormwater system, including, but not limited to, any conveyances which allow any nonstormwater discharge including wastewater, process wastewater, and wash water to enter the stormwater system and any connections to the stormwater system from indoor drains, floor drains, washbasins, or sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
	B.   Any drainage connected from a commercial or industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agent.
INDUSTRIAL ACTIVITY:	Activities subject to NPDES industrial permits as defined in 40 CFR section 122.26(b)(14).
LAND DISTURBANCE GUIDANCE DOCUMENT:	The city’s guidance document, which defines the technical erosion control, sediment control and stormwater management guidelines required to be met when submitting the stormwater pollution prevention plan.
LAND DISTURBING ACTIVITY:	Any activity which changes the volume or peak flow discharge rate of stormwater runoff from the land surface, including the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation or any activity which bares soil or rock, or involves the diversion or piping of any natural or manmade watercourse.
MPCA:	The Minnesota pollution control agency.
NPDES:	National pollutant discharge elimination system as established pursuant to 33 USC section 1342(b) to regulate discharges of pollutants to waters of the United States.
NPDES PERMIT:	A national pollutant discharge elimination system stormwater discharge permit issued by the Minnesota pollution control agency (pursuant to 33 USC section 1342(b)) that regulates discharges of pollutants to waters of the United States, whether the permit is issued to an individual, group, or general area wide basis.
NONPOINT SOURCE POLLUTION:	Pollution from any source other than any discernible, confined or discreet conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction including grading, subsurface disposal and urban runoff sources.
NUISANCE CONDITION:	Any condition resulting in or likely to result in any damages, degraded water quality, increased erosion, unstable conditions, flooding, lack of easement, lack of capacity, disrepair and all threats to public health, safety and welfare.
PAHs (POLYCYCLIC AROMATIC HYDROCARBONS):	A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life.
PERMANENT STABILIZATION PLAN:	A plan to establish permanent vegetation to prevent erosion of soil as defined under “final stabilization”. Permanent vegetation includes sod, native grasses, trees or other acceptable forms of landscaping.
PERSON:	Any individual, association, organization, partnership, firm, corporation or other private or public entity recognized by law and acting as either the owner or as the owner’s agent.
POLLUTANT:	Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquids and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances/ munitions, and accumulations of these materials, so that same may cause or contribute to pollution; 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.
PREMISES:	Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
SWMP:	The city’s surface water management plan.
SEDIMENT:	Solid matter carried by water, wastewater or other liquids that has come to rest on the earth’s surface either above or below the water level.
SEDIMENT CONTROL:	Methods employed to prevent sediment from leaving the site. Sediment control practices include, but are not limited to: silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sediment basins.
STORMWATER:	Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, snowmelt and/or discharges from surface dewatering activities.
STORMWATER FACILITY:	Anything within the stormwater system that collects, conveys or stores stormwater, including, but not limited to: any inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER MANAGEMENT:	The use of structural or nonstructural practices that are designed to prevent nuisance conditions or reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes that affect water quality and habitat.
STORMWATER POLLUTION PREVENTION PLAN:	A plan submitted by the applicant that includes erosion prevention measures, sediment control measures, pollution prevention measures and stormwater management measures. The plan shall contain a narrative, plan sheets and appropriate details that describe how the erosion prevention measures, sediment control measures, pollution prevention measures and stormwater management measures will be implemented. The plan shall also indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of management practices. This final plan must be signed by a licensed professional engineer (PE) of the state of Minnesota, who will verify that the design of all stormwater management practices meets the submittal requirements of the city of Mendota Heights land disturbance guidance document.
STORMWATER SYSTEM:	Facilities by which stormwater is collected and/or conveyed, including, but not limited to: any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, watercourses and other drainage structures.
STRUCTURE:	Anything manufactured, constructed or erected, which is normally attached to, or positioned on, land including portable structures, earthen structures, roads, parking lots and paved storage areas.
WASTEWATER:	Any water or other liquid, other than uncontaminated stormwater, discharged from a constructed facility.
WATERCOURSE:	A stream or body of water, or a natural or artificial channel for the passage of stormwater.
WATERS OF THE U.S.:	Any federally regulated water in the United States per definition as specified by 33 CFR 328.a.
WETLANDS:	As defined in Minnesota rules 7050.0130, subpart F, means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
WINTER MAINTENANCE PROFESSIONAL:	An individual who applies deicer for hire (i.e., snow plow drivers, salt truck drivers, property managers). (Ord. 459, 2-3-2014; amd. Ord. 490, 2-16-2016; Ord. 573, 9-6-2022)