(Note: Defined terms appear in italics throughout this chapter).
For the purposes of this chapter, the terms listed below are defined as follows:
APPLICANT: | A Person with requisite right, title or interest or an agent for such Person who has filed an application for New Development or Redevelopment that requires a Post-Construction Stormwater Management Plan under this chapter. |
BEST MANAGEMENT PRACTICES (“BMP”): | Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. |
CLEAN WATER ACT: | “The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., also known as the “Clean Water Act”), and any subsequent amendments thereto. |
CONSTRUCTION ACTIVITY: | Work or activity undertaken on the Premises that results in one acre or more of Disturbed Area, or activity with less than one acre of total land area that is part of a subdivision, if the subdivision will ultimately disturb equal to or greater than one acre. |
DISCHARGE: | Any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of Pollutants to “waters of the State.” “Direct discharge” or “point source” means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which Pollutants are or may be discharged. |
DISTURBED AREA: | All land areas that are stripped, graded, grubbed, filled, or excavated at any time during the site preparation or removing vegetation for, or construction of, a project. |
“Disturbed area” does not include routine maintenance, but does include re-development and new impervious areas. “Routine maintenance” is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Paving impervious gravel surfaces while maintaining the original line and grade, hydraulic capacity and original purpose of the facility is considered routine maintenance. Cutting of trees, without grubbing, stump removal, disturbance or exposure of soil is not considered “disturbed area”. | |
ENFORCEMENT AUTHORITY: | The Code Enforcement Officer and or the Public Works Director or their designee who are authorized by the Municipality to administer and enforce this chapter. |
LOW IMPACT DEVELOPMENT (LID): | A land planning and design approach which seeks to maintain a site’s predevelopment ecological and hydrological function through the protection, enhancement, or mimicry of natural processes. |
MUNICIPALITY: | Washington City. |
MUNICIPAL PERMITTING AUTHORITY: | The municipal official or body that has jurisdiction over the land use approval or permit required for a New Development or Redevelopment. |
MUNICIPAL SEPARATE STORM SEWER SYSTEM, OR MS4: | Conveyances for storm water, including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains (other than publicly owned treatment works and combined sewers) owned or operated by any municipality, sewer or sewage district, fire district, State agency or Federal agency or other public entity that discharges directly to surface waters of the State. |
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: | A permit issued by the U.S. Environmental Protection Agency (“EPA”) or by the State of Utah Department of Environmental Quality (DEQ) that authorizes the discharge of pollutants to waters of the United States, or waters of the State whether the permit is applicable on an individual, group, or general area-wide basis. |
NEW DEVELOPMENT: | Any Construction Activity on unimproved Premises. |
PERSON: | Any individual, firm, corporation, municipality, quasi-municipal corporation, State agency or Federal agency or other legal entity. |
POLLUTANT: | Dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind. |
POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN: | BMPs and Stormwater Management Facilities employed by a New Development or Redevelopment to meet the standards of this chapter and approved by the Municipal Permitting Authority. |
PREMISES: | any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips, located within the Municipality from which Discharges to the Storm Drainage System are or may be created, initiated, originated or maintained. |
QUALIFIED POST-CONSTRUCTION STORMWATER INSPECTOR: | A Professional Engineer or an individual who can document proficiency in observing, inspecting, and reporting on the implementation of storm water pollution prevention plans and has a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for stormwater management facilities, and the ability to determine if stormwater management facilities are performing as intended. |
REDEVELOPMENT: | Construction Activity on Premises already improved with buildings, structures or activities or uses, but does not include such activities as exterior remodeling. |
REGULATED SMALL MS4: | Any Small MS4 regulated by the State of Utah Department of Environmental Quality “General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems”, including all those located partially or entirely within an Urbanized Area and those additional Small MS4s located outside a Urbanized Area that as of the issuance of the General Permit have been designated by the DEQ as Regulated Small MS4s. |
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM, OR SMALL MS4: | Any MS4 that is not already covered by the Phase I MS4 stormwater program including municipally owned or operated storm sewer systems and State or federally-owned systems, such as Utah Department of Transportation road systems and facilities. |
STORM DRAINAGE SYSTEM: | The Municipality’s Regulated Small MS4. |
STORMWATER: | Any Stormwater runoff, snowmelt runoff, and surface runoff and drainage; “Stormwater” has the same meaning as “Storm Water.” |
STORMWATER MANAGEMENT FACILITIES: | Any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures that are part of the Post-Construction Stormwater Management Plan for a New Development or Redevelopment. (Ord. 2020-16, 9-9-2020) |