For the purpose of this chapter, the words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning.
(a) ACRE. A measurement of area equaling 43,560 square feet.
(b)
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(c) CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to areas of soil disturbance regulated under this regulation.
(d) CUT. An excavation that reduces an existing elevation, as in road or foundation construction.
(e) DEVELOPMENT AREA. A parcel or contiguous parcels owned by one person or persons, or operated as one common plan of development, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(f) DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(g) DRAINAGE. The removal of excess surface water or groundwater from land by surface or subsurface drains.
(h) EROSION. The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(i) EROSION AND SEDIMENT CONTROL. The control of soil material, both mineral and organic, to minimize the removal of soil material from the land surface and to prevent its transport out of a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(j) EROSION AND SEDIMENT CONTROL PLAN (ESC PLAN). The written document meeting the requirements of this regulation that sets forth the plans and practices to be used to minimize soil erosion and prevent off-site disposal of soil sediment by containing sediment on-site or by passing sediment-laden runoff through sediment control measures during and after development.
(k) FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% cover for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(l) 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.
(m) MAXIMUM EXTENT PRACTICABLE. The level of pollutant reduction that owners of municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as the NPDES Storm Water Phase II regulations, must meet.
(n)
NPDES: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. 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.
PERSON: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(o) PHASING. Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(p) PROFESSIONAL ENGINEER. A Professional Engineer registered in the State of Ohio.
(q) RAINWATER AND LAND DEVELOPMENT. Ohio's standards for storm water management, land development,
and urban stream protection. The most current edition of these standards shall be used with this regulation.
(r) RUNOFF. The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(s) SEDIMENT. The soils or other surface materials that are or have been transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(t) SEDIMENTATION. The deposition or settling of sediment.
(u) SETBACK. A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited as required in this regulation.
(v) SOIL DISTURBING ACTIVITY. Clearing, grubbing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(w) SOIL AND WATER CONSERVATION DISTRICT. An entity organized under Chapter 1515 of the Ohio Revised Code referring to either to the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as the SWCD.
(x) STABILIZATION. The use of Best Management Practices, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(y) SURFACE WATERS OF THE STATE. 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 effect a junction with natural surface or underground waters. Waters defined as sewerage systems, treatment works or disposal systems in § 6111.01 of the ORC are not included.
(z) UNSTABLE SOILS. A portion of land surface or area which is identified by the City of Middletown Engineering and Environmental Services Director as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(aa) WATER RESOURCE. Any public or private body of water including lakes and ponds, as well as streams, gullies, ditches, swales, or ravines that have banks and a defined bed where terrestrial vegetation cannot establish roots, and a definite direction of flow, either continuously or intermittently flowing.
(bb) WATERS OF THE UNITED STATES. As defined in the CWA, "waters of the United States" applies only to surface waters, rivers, lakes, estuaries, coastal waters, and wetlands. Not all surface waters are legally "waters of the United States." Generally, those waters include the following: all interstate waters; intrastate waters used in interstate and/or foreign commerce; tributaries of the above; territorial seas at the cyclical high tide mark; and wetlands adjacent to all the above.
(cc) WETLAND. Those areas that are inundated or saturated by surface or ground water 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, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(dd) CITY OF MIDDLETOWN. Throughout this regulation, this shall refer to the City of Middletown, its designated representatives, boards, or commissions.
(Ord. O2008-29, passed 4-1-2008)