For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Also, in addition to the definitions set forth in 9 VAC § 25-870-10 of the state stormwater management regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence.
ADMINISTRATOR. The VSMP authority including the town staff person or department responsible for administering the VSMP on behalf of the locality. The Town Manager shall act as Administrator. Town Council may appoint one or more deputy or assistant administrators who shall have the full authority of the Administrator. The senior deputy or assistant administrator shall, without further action of the Town Council, serve as Acting Administrator in the event of any vacancy in the office of Administrator. The Administrator will be responsible for accepting complete registration statements, completing plan review, plan approval, inspection and maintenance compliance, and enforcement and may assign those tasks as the Administrator deems appropriate.
AGREEMENT IN LIEU OF A STORMWATER MANAGEMENT PLAN. A contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of the VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan.
APPLICANT. Any person submitting an application for a permit or requesting issuance of a permit under this chapter.
BEST MANAGEMENT PRACTICE or BMP. Schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land disturbing activities.
CHESAPEAKE BAY PRESERVATION ACT LAND DISTURBING ACTIVITY. A land disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, VA Code §§ 62.1-44.15:67 et seq.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.
CONTROL MEASURE. Any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
CLEAN WATER ACT or CWA. The Federal Clean Water Act (33 U.S.C §§ 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub. Law No. 92-500, as amended by Pub. Law No. 95-217, Pub. Law No. 95-576, Pub. Law No. 96-483, and Pub. Law No. 97-117, or any subsequent revisions thereto.
DEPARTMENT. The Department of Environmental Quality.
DEVELOPMENT. Land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures or the clearing of land for nonagricultural or non-silvicultural purposes.
GENERAL PERMIT. The state permit titled “GENERAL PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES” found in Part XIV (9 VAC §§ 25-870-1100 et seq.) of the regulations authorizing a category of discharges under the CWA and the act within a geographical area of the state.
LAND DISTURBANCE or LAND DISTURBING ACTIVITY. A human-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in § 153.03(C).
LAYOUT. A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
MINOR MODIFICATION. An amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A MINOR GENERAL PERMIT MODIFICATION OR AMENDMENT does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
OPERATOR. The owner or operator of any facility or activity subject to regulation under this chapter.
PERMIT or VSMP AUTHORITY PERMIT. An approval to conduct a land disturbing activity issued by the Administrator for the initiation of a land disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the Department.
PERMITTEE. The person to whom the VSMP authority permit is issued.
PERSON. Any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.
REGULATIONS. The State Stormwater Management Program (VSMP) permit regulations, 4 VAC § 50-60, as amended.
SITE. The land or water area where any facility or land disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land disturbing activity. Areas channel-ward of mean low water in tidal Virginia shall not be considered part of a SITE.
STATE. The Commonwealth of Virginia.
STATE BOARD. The Virginia State Water Control Board.
STATE PERMIT. An approval to conduct a land disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the state imposes and enforces requirements pursuant to the Federal Clean Water Act and regulations, the State Stormwater Management Act and the regulations.
STATE STORMWATER BMP CLEARINGHOUSE WEBSITE. A website that contains detailed design standards and specifications for control measures that may be used in the state to comply with the requirements of the State Stormwater Management Act and associated regulations.
STATE STORMWATER MANAGEMENT ACT or ACT. VA Code §§ 62.1-44.15:24 et seq.
STATE STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY. An authority approved by the State Board after September 13, 2011, to operate a State Stormwater Management Program.
STATE WATER CONTROL LAW. VA Code §§ 62.1-44.2 et seq.
STATE WATERS. All water, on the surface and under the ground, wholly or partially within or bordering the state or within its jurisdiction, including wetlands.
STORMWATER. Precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER MANAGEMENT PLAN. A document(s) containing material describing methods for complying with the requirements of § 153.06.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP. A document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
TOTAL MAXIMUM DAILY LOAD or TMDL. The sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading, and a margin of safety TMDLS can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP. A program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards, and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this chapter, and evaluation consistent with the requirements of this chapter and associated regulations.
(1998 Code, § 18-52)