For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“ACCIDENTAL DISCHARGE.” A discharge of spills and dumping or any disposal of materials other than stormwater into the system.
“BEST MANAGEMENT PRACTICES (BMP’S).” Those measures described in the latest edition of the “National Menu of Best Management Practices, Post-Construction Stormwater Management in New Development and Redevelopment” found at
http://cfpub.epa.gov/KPDES/stormwater/menuofbmps/index.cfm as published by the United States Environmental Protection Agency (USEPA), “Kentucky Erosion Prevention and Sediment Control Field Guide” as published by the Kentucky Division of Water, and “Best Management Practices for Construction Activities” as published by the Kentucky Division of Conservation and Division of Water. This shall also include related documents published and distributed by The city.
“BUILDER.” A person, partnership, contractor, or corporation constructing one or more buildings for occupancy or any other use.
“CERTIFICATION.” A signed, written statement that specific constructions, inspections or tests (when required) have been performed and that such comply with the applicable requirements of this chapter.
“CITY.” A representative or designee of the City of Mount Washington government to include persons from the city representative’s office.
“CITY REPRESENTATIVE.” The person or persons currently designated by the Mayor to administer the Stormwater Program and any related permit activities.
“CLEAN WATER ACT.” The Federal Water Pollution Control Act (33 U.S.C § 1251 et seq.)
“CONTRACTOR.” A person who contracts with the permittee, landowner, builder, developer or another contractor to undertake any or all of the land-disturbing activities covered by this chapter.
“CONSTRUCTION ACTIVITY.” Land disturbance activities subject to state KPDES General Construction Permits or local permits. Such activities include, but are not limited to clearing and grubbing, grading, excavating, and demolition.
“CONSTRUCTION WEATHER DAYS.” Days in which a needed activity could occur.
“DETENTION BASIN.” A drainage facility constructed to restrict the runoff of stormwater to a prescribed maximum rate and to detain for a specified period of time the excess waters that accumulate upstream from the outlet structure.
“DEVELOPMENT.” The planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building purposes.
“DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA).” Surface area that drains/discharges to an outfall without passing through a BMP.
“DRAINAGE AREA.” The surface area from which water drains to a point of consideration.
“ENGINEER.” A person licensed as a Professional Engineer in the Commonwealth of Kentucky in accordance with KRS 322.
“EROSION PREVENTION AND SEDIMENT CONTROL (EPSC) MEASURE.” The practice, or a combination of practices, to prevent erosion and to abate the resulting off-site sedimentation.
“FEMA.” Shall be used to refer to the Federal Emergency Management Agency.
“FINAL STABILIZATION.”
(1) All soil disturbing activities at the site have been completed;
(2) There are no areas of active erosion evident; and
(3) A uniform perennial vegetative cover with a density of seventy percent (70%) of the cover for the area has been established or equivalent measures, i.e. mulches or geotextile fabrics, have been employed.
“FLOODPLAIN.” Any area inundated by a one hundred (100)-year flood or as determined by the FEMA Flood Insurance Rate Map(s) or an engineering study.
“FLOODWAY.” The channel of a river or stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the peak flow of the regulatory flood of any river or stream. The floodway is where the water is likely to be fastest and not include the channel and the portion of the adjacent floodplain.
“ILLICIT DISCHARGE.” Any discharge to a Municipal Separate Storm Sewer System (MS4) that is not composed entirely of stormwater exempted by this chapter or managed pursuant to a Kentucky Pollution Discharge Elimination System permit (other than the city’s KPDES stormwater permit) or otherwise defined by this chapter.
“INDUSTRIAL ACTIVITY.” Activities subject to KPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
“KDOW” Used to refer to the Kentucky Division of Water.
“KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) STORMWATER DISCHARGE PERMIT.” A permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA), whether the permit is applicable on an individual, group or general area wide basis.
“LAND-DISTURBING ACTIVITY.” All clearing and grubbing, clear cutting, construction, reconstruction, grading, modification, extension or expansion of structures or parking areas, placement of fill and dumping that change the natural cover or topography, thereby creating the potential for erosion and contribution of sediment.
“LANDOWNER.” A person holding legal title who directly or indirectly allows the land-disturbing activity or who benefits from it.
“LAND SURVEYOR.” A person licensed as a Professional Land Surveyor in the Commonwealth of Kentucky according to KRS 322.
“MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).” A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is designed or used for collecting or conveying stormwater; not privately owned; not a combined sewer; and not part of a publicly owned treatment works (POTW).
“NOI.” Used to refer to Notice of Intent.
“NON-STORMWATER DISCHARGE.” Any discharge to the storm drainage system that is not composed entirely of stormwater or otherwise allowed by this chapter.
“NOT.” Used to refer to Notice of Termination.
“OUTFALL.” The point or location where stormwater runoff discharges from a BMP, conduit, stream or drain, storm sewer, channel, or detention/retention facility.
“PERIMETER OUTFALL.” The locations from which stormwater flow(s) from the project site/disturbed area.
“PERIMETER CONTROL PLAN (PCP).” A component of the Stormwater Quality Management Plan that documents how sediment is controlled from leaving the project site.
“PERMITTEE.” The “Person responsible for the Land-Disturbing Activity”; who must have ownership interest in the property and is designated on an approved SWQMP permit.
“PERSON.” Except to the extent exempted from this chapter, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, town, or other political subdivision of the State, any interstate body or any other legal entity conducting land-disturbing activities subject to this chapter.
“POLLUTANT.” Anything of a chemical component or nature which causes or contributes to pollution.
“POLLUTION.” The contamination or other alteration of any water’s physical, chemical, or biological properties by the addition of a constituent.
“POST-CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN (P-SWPPP).” Is a component of the Stormwater Quality Management Plan that illustrates how the pollutants or pollution will be prevented, treated and otherwise managed in the long-term, beyond that of construction phases.
“PREMISES.” Any building, lot, parcel of land, or portion of land whether improved or unimproved.
“PROJECT SITE.” The area of land disturbing activity.
“QUALIFIED PROFESSIONAL.” An individual who is trained and experienced in stormwater treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework, as accepted according to this chapter, that enable the individual to make sound, professional judgments regarding stormwater control or treatment and monitoring, pollutant fate and transport, and drainage planning.
“RETENTION BASIN.” A drainage facility constructed to contain the runoff of stormwater to a prescribed maximum rate/volume to pass into the groundwater system without discharging the retained volume to surface waters except through an emergency bypass under conditions beyond the designed capacity.
“SITE.” The entire area or project site of the land-disturbing activity as proposed in the permit application.
“STOP WORK ORDER.” An order by the city directing a permittee to suspend all construction and/or operations except for work related to remediation of the violation.
“STORM SEWER.” Channel, ditch, catch basin, inlet pipe, culvert, conduit or other conveyance used for the purposes of collecting and conveying stormwater.
“STORMWATER QUALITY MANAGEMENT PLAN (SWQMP).” Illustration and documentation of how sediment and other pollutants are managed on the project site during and after the construction phase. This is composed of three (3) primary elements:
(1) The Perimeter Control Plan;
(2) The Stormwater Pollution Prevention Plan; and
(3) The Post-Construction Stormwater Pollution Prevention Plan.
“STORMWATER QUALITY MANAGEMENT PLAN (SWQMP) PERMIT.” A legal document that allows the permit holder to break ground or disturb soil on a site within the provisions of a SWQMP.
“STORMWATER POLLUTION PREVENTION PLAN (SWPPP).” A component of the Stormwater Quality Management Plan that illustrates how the suspension of sediment and other construction pollutants will be prevented.
“WATERS OF THE COMMONWEALTH.” Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Commonwealth of Kentucky which are not entirely confined and retained completely upon the property of a single person.
(Ord. 08-04, passed 1-14-08)