The Ohio Environmental Protection Agency (Ohio EPA) produces and periodically updates the Construction General Permit, entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System". Ohio EPA also produces and periodically updates the Municipal Separate Storm Sewer (MS4) Permit, entitled "Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Stormwater Under the National Pollutant Discharge Elimination System". The definitions contained in these permits shall apply to this chapter. When these permits are updated, the definitions in the most current versions of the permits shall apply to this chapter. The following definitions shall also apply:
(a) ACRE: A measurement of area equaling 43,560 square feet.
(b) AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a registered Professional Surveyor after construction is complete indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities.
(c) BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices (both structural and non-structural) to prevent or reduce the pollution of surface waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control plant and/or construction site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
(d) COMMUNITY: The City of Warren, its designated representatives, boards, or commissions.
(e) CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).
(f) CRITICAL STORM: A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the one (1)-year twenty-four (24)-hour event The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
(g) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one (1) person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(h) DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area. When determining the total contributing drainage area for a development site (new development and redevelopment), off-site areas that run on to the site and areas which remain undisturbed by construction activity shall be included, unless runoff from these areas is diverted away from the sediment settling practice and is not co-mingled with sediment-laden runoff.
(i) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(j) DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.
(k) ENGINEERED PERMEABLE PAVEMENT SYSTEMS: A paving system that captures and temporarily stores storm water by filtering runoff through voids in an alternative pavement surface into an underlying stone reservoir. Filtered runoff may be collected and returned to the conveyance system or allowed to partially (or fully) infiltrate into the soil. Design variants include porous asphalt, pervious concrete, and permeable pavers.
(l) 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.
(m) GRADING: The process in which the topography of the land is altered to a new slope.
(n) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(o) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet
(p) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): A national program that addresses water quality issues by regulating pollution point sources that discharge to Waters of the United States. The program is responsible for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits and enforcing pretreatment requirements. It operates under sections 307, 402, 318 and 405 of the Clean Water Act The Ohio EPA permits construction sites, small MS4s, industrial sites, and other jurisdictions to discharge stormwater under the NPDES system.
(q) NOI: Notice of intent to be covered by the Construction General Permit.
(r) OEPA: The Ohio Environmental Protection Agency. Also referred to as "Ohio EPA".
(s) ODNR: The Ohio Department of Natural Resources.
(t) POST-CONSTRUCTION STORMWATER CONTROL PLAN: The written document and plans meeting the requirements of these regulations that sets forth the plans, practices, and storm water control measures to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.
(u) POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(v) PRE-CONSTRUCTION MEETING: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.
(w) PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(x) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(y) RAINWATER AND LAND DEVELOPMENT (RLDM): A manual produced by the Ohio Environmental Protection Agency and the Ohio Department of Natural Resources which defines Ohio's standards and specifications for stormwater management practices implemented during land development. The purpose of this manual is to provide professionals involved in the planning, design, and implementation of land development projects with guidance on how to select, design, and locate stormwater management practices that minimize the adverse impacts of storm water runoff during and after construction. The most up-to-date version of this manual must be consulted where specified in this chapter. Hereafter referred to as RLDM.
(z) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(aa) SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(bb) SITE OWNER: 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 that is responsible for the overall construction site.
(cc) SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 940 of the Ohio Revised Code referring to either the Trumbull County Soil and Water Conservation District Board or its designated employee(s). One of the managing bodies of the Trumbull County Regional Storm Water District, which does not include the City of Warren, but does include Bazetta Twp., Brookfield Twp., Champion Twp., Howland Twp., Hubbard Twp., Liberty Twp., Newton Twp., Vienna Twp., Warren Twp., Weathersfield Twp., Cortland City, Girard City, Hubbard City, Newton Falls City, Niles City, and the Village of McDonald. Hereafter referred to as Trumbull County SWCD.
(dd) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.
(ee) STORMWATER CONTROL MEASURE (SCM): A structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCMs are a subset of Best Management Practices (BMPs).
(ff) SUBDIVISION: (a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership; or (b) The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land as open spaces for common use by the owner, occupants or lease holders or as easements for the extension or maintenance of public sewers, water lines, storm drainage or other public facilities.
(gg) WATER RESOURCE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(hh) WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
(ii) WATER POLLUTION CONTROL DEPARTMENT: The City of Warren department responsible for the management of NPDES Permit No. OHQ000004, Authorization for Small Municipal Separate Storm Sewer Systems (MS4) to Discharge Stormwater under the National Pollutant Discharge Elimination System (NPDES). Hereafter referred to as Warren WPC.
(jj) WATER QUALITY VOLUME (WQv): The volume of storm water runoff which must be captured and treated prior to discharge from the developed site after construction is complete, as required by the Ohio EPA Construction General Permit.
(kk) WATERSHED: The total drainage area contributing storm water runoff to a single point.
(ll) 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).
(Ord. 13157/2022. Passed 9-28-22.)