Unless specifically defined below, the words or phrases used in this subchapter shall have the same meaning as they have in common usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “must” are always mandatory and not merely directive.
APPLICANT. Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's direction.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including avoidance of impacts, prohibitions of practices, general housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures, and other applicable management practices.
CONSTRUCTION ACTIVITY. A disturbance to the land resulting in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may take place at different times, on different schedules, but under one proposed plan of development. One plan is broadly defined to include design, permit application, advertisement, or physical demarcation indicating that land disturbing activity may occur.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.
DISCHARGE. Any release, conveyance, channeling runoff, or drainage of stormwater including snow melt, from a construction site.
EROSION AND SEDIMENT CONTROL. The best management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by either the state, county, city or local watershed group, whichever is more stringent.
FINAL SITE SURVEY. Site survey includes final topographic contours with sufficient survey shots to adequately show constructed drainage patterns, spot elevations of all structures, elevations of lot corners, and all specific survey points for structural stormwater BMPs and entire stormwater system.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed, and all soils are stabilized by intended uniform perennial vegetative cover with a density of 70% over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions as well as the following conditions:
(a) All drainage ditches, constructed to drain water from the site after construction is complete, have been stabilized.
(b) All temporary erosion prevention and sediment control BMP's have been removed from the site.
(c) All existing and/or new conveyances and permanent stormwater treatment systems, affected by construction activity, restored to original design, capacity, and function.
FULLY RECONSTRUCTED. Any areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement,
or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed.
GRADING/ EROSION AND SEDIMENT CONTROL PERMIT. A permit issued by the city for the control of drainage, erosion, sedimentation, and other pollutants during land disturbing activities.
GREEN INFRASTRUCTURE. A wide array of practices at multiple scales that manage wet weather and maintains or restores natural hydrology through infiltration, evapotranspiration, or harvesting and using stormwater. On a regional scale, green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce the overall imperviousness in a watershed. On a local scale, green infrastructure consists of the site and neighborhood specific practices such as bioretention, trees, green roofs, permeable pavement, and cisterns.
HAZARDOUS MATERIAL. Any material, substance, waste or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause and/or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed, or otherwise managed.
ILLICIT CONNECTIONS. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to, any conveyance which allows any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges exempt as outlined in § 52.28.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or limits the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow. Including but not limited to gravel, asphalt, concrete, brick, stone, and rooftops.
LAND DISTURBANCE ACTIVITY. Any activity that results in a change or alteration of the existing ground cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, development, redevelopment, demolition, excavating, grading, clearing, filling, stockpiling, hauling, construction, reconstruction, and borrow pits.
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:
(a) Owned and operated by the city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under Section 208 of the Federal Clean Water Act, United States Code, Title 33, Section 1288, that discharges into waters of the state;
(b) Designed or used for collecting or conveying stormwater;
(c) That is not combined sewer; and
(d) That is not part of a publicly owned treatment works as defined in 40 CFR § 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the USEPA (or by a State under authority delegated by the USEPA) that authorizes discharges to water of the United States, as defined by the Federal Clean Water Act.
NEW DEVELOPMENT. All construction activity that is not defined as redevelopment.
NON-STORMWATER DISCHARGE. Any discharge to the stormwater system that is not composed entirely of stormwater.
OWNER(S). A person, partnership, firm, association, public or quasi-public corporation, private corporation, or a combination of, with a legal, equitable interest, or leasehold in the parcel of record.
PARCEL OF RECORD. A tract, plot, lot, and/or portion of subdivision or other parcel of land, intended as a unit for the purpose, whether immediate or future, of transfer of ownership, possession, or for building development.
PERMITTEE. A person issued a grading/ erosion and sediment control permit by the city.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking areas.
RECEIVING WATER. Any lake, river, stream, or wetland that receives stormwater discharges from an MS4.
REDEVELOPMENT. Any construction activity where, prior to the start of construction, the areas to be disturbed have 15% or more of impervious surface(s).
SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation.
STORMWATER MANAGEMENT PLAN. A joint grading and stormwater pollution prevention plan that is a document containing the requirements of § 52.29, that when implemented will decrease soil erosion on a parcel of land, minimize pollution, and promote effective drainage.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan developed to identify the sources of pollution that affect the quality of stormwater discharges from a site and to describe and ensure the implementation of practices to prevent or reduce pollutants in stormwater discharge.
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.
STRUCTURAL STORMWATER BMP'S. Stationary and permanent BMP’s designed, constructed, and operated to prevent or reduce the discharge of pollutants in stormwater.
SUBDIVISION. Any tract of land divided into building lots for private, public, commercial, industrial, etc. development. Minn. Rule 6120.2500, Subpart 17 defines subdivision as land that is divided for the purpose of sale, rent, or lease, including planned unit development.
SURFACE WATER(S). All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private, except that surface waters do not include treatment basins or ponds that were constructed from upland.
UNDERLYING SOILS. Any natural in-situ or fill soils that are not a man-made gradation.
WASTEWATER. Liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions which is discharged into or permitted to enter the city's wastewater treatment system.
WATERCOURSE. Any ditch, stream, creek, or other defined channel intended for the conveyance of water, runoff, groundwater discharge, or similar hydraulic or hydrologic purpose.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof (Minn. Stat. § 115.01, Subd. 22).
WETLANDS. As defined by the Wetland Conservation Act, as amended from time to time, and Steele County.
(Ord. 1519, passed 3-3-2015; Ord. 1638, passed 9-20-2022)