For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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.
ACTIVE KARST. Terrain having distinctive landforms and hydrology created primarily from the dissolution of soluble rocks within 50 feet of the land surface.
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 (BMP). Practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.
CONSTRUCTION ACTIVITY. Activities include clearing, grading, and excavating, that result in land disturbance of equal to or greater than one-half acre, including the disturbance of less than one-half acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one-half acre. This includes a disturbance to the land that results in a change in the topography, existing soil cover, both vegetative and non-vegetative, or the existing soil topography that may result in accelerated stormwater runoff that may lead to soil erosion and movement of sediment. CONSTRUCTION ACTIVITY does not include a disturbance to the land of less than five acres for the purpose of routine maintenance performed to maintain the original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill and overlay projects) is not CONSTRUCTION ACTIVITY.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency or political subdivision thereof engaged in a land disturbance activity.
DEWATERING. The removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. DEWATERING may require a Minnesota Department of Natural Resources water appropriation permit and, if dewatering water is contaminated, discharge of such water may require an individual MPCA NPDES/SDS permit.
DISCHARGE. The conveyance, channeling, runoff or drainage, of stormwater, including snowmelt, from a construction site.
DNR CATCHMENT AREA. The Hydrologic Unit 08 areas delineated and digitized by the Minnesota Department of Natural Resources (“DNR”). The catchment areas are available for download at the Minnesota DNR website. DNR CATCHMENT AREAS may be locally corrected by the city, in which case the local corrections may be used.
EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. EROSION can be accelerated by the activities of people and nature.
EROSION PREVENTION. Refers to methods employed to prevent erosion such as soil stabilization practices, permanent cover or construction phasing.
EROSION AND SEDIMENT PRACTICE SPECIFICATIONS OR PRACTICE. The management procedures, techniques and methods to control soil erosion and sedimentation as officially adopted by either the city, county or local watershed group, whichever is more stringent.
FINAL STABILIZATION. Required actions as defined in the NPDES/SDS general stormwater permit for construction activity taken after the completion of construction activities and prior to submitting the notice of termination that are intended to prevent discharge of pollutants associated with stormwater discharges from the project.
FULLY RECONSTRUCTED. 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 PERMIT. A written warrant or license granted by the city to allow land disturbance activities.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE.
(1) A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and/or at an increased rate of flow than existed prior to development.
(2) Examples include rooftops, sidewalks, driveways, parking lots, and concrete, asphalt or gravel roads. Bridges over surface waters are considered IMPERVIOUS SURFACES.
LAND DISTURBANCE ACTIVITY.
(1) Any activity or activities on a site that may result in soil erosion from water or wind. It shall also mean any movement of sediments upon lands or into or upon waters within the city’s jurisdiction, including construction, clearing and grubbing, grading, excavating, transporting and filling of land.
(2) Within the context of this rule, LAND DISTURBANCE ACTIVITY does not mean:
(a) Minor land disturbance activities such as home gardens and an individual’s home landscaping, repairs and maintenance work;
(b) Construction, installation and maintenance of electric, telephone and cable television, utility lines or individual service connection to these utilities, which result in creating less than 5,000 square feet of exposed soil;
(c) Tilling, planting or harvesting of agricultural, horticultural or silvicultural crops;
(d) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles that result in creating less than 5,000 square feet of exposed soil;
(e) Emergency work to protect life, limb or property and emergency repairs, unless the land disturbing activity would have required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city’s requirements as soon as possible; or
(f) Any activity that, in the discretion of the city, should be exempt from the provisions of this section. The city may exempt an activity from the provisions of this section if all of the following standards and requirements are met:
1. Existing draining and ponding patterns are not significantly altered so as to adversely affect adjoining land;
2. The resultant grade and slopes at the property line are in substantial conformity to the surrounding natural topography and are set so as to minimize erosion and provide for sufficient drainage so that both natural and stormwater enter and leave the property at the original or natural drainage points;
3. All banks will be left with a slope not greater than one foot vertical to four foot horizontal, except that greater slope shall be permitted if it is in substantial conformity to the immediately surrounding area, and in the judgment of the city, it is not expected to adversely affect future development of the site. All excavated areas shall be finally graded in substantial conformity to the surrounding natural topography; and
4. The property is or will be graded so that stagnant water will not be permitted to collect upon it.
LINEAR PROJECT. Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new development are not considered LINEAR PROJECTS because they are part of a common plan of development or sale.
MAXIMUM EXTENT PRACTICABLE (MEP). The statutory standard (33 U.S.C. § 1342(p)(3)(B)(iii)) that establishes the level of pollutant reductions that an owner or operator of regulated MS4s must achieve. The U.S. Environmental Protection Agency (USEPA) has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4 permitting. The pollutant reductions that represent MEP may be different for each small MS4, given the unique local hydrologic and geologic concerns that may exist and the differing possible pollutant control strategies. Therefore, each permittee will determine appropriate BMPs to satisfy each of the six minimum control measures (MCMs) through an evaluative process. The USEPA envisions application of the MEP standard as an iterative process.
MS4. Municipal Separate Storm Sewer System.
NPDES/SDS GENERAL STORMWATER PERMIT FOR CONSTRUCTION ACTIVITY. The National Pollutant Discharge Elimination System/State Disposal System general stormwater permit for construction activity as required by the Minnesota Pollution Control Agency.
NOTICE OF TERMINATION (NOT). Notice to terminate coverage under this permit after construction is complete, the site has undergone final stabilization, and maintenance agreements for all permanent facilities have been established, in accordance with all applicable conditions of this permit.
OPERATOR. The person, firm, governmental agency, or other entity designated by the owner who has day to day operational control and/or the ability to modify project plans and specifications related to the site plan. The permit application must list the operator as a permittee. Subcontractors hired by and under supervision of the general contractor are not OPERATORS.
OWNER(S). A natural person, partnership, firm, association, public or quasi-public corporation, private corporation, or a combination of, with a legal or equitable interest in the parcel of record.
PAVED SURFACE. A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
PERMANENT COVER. Surface types that will prevent soil failure under erosive conditions. Examples include: gravel, concrete, perennial vegetative cover, or other landscaped material that will permanently arrest soil erosion. Permittees must establish a uniform perennial vegetative cover (i.e., evenly distributed, without large bare areas) with a density of 70% of the native background vegetative cover for the area on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures. PERMANENT COVER does not include temporary BMPs such as wood fiber blanket, mulch, and rolled erosion control products.
PERMITTEE. Any person, entity or group that applies to the city for a building permit, subdivision approval, or a grading permit. PERMITTEE also means that person or entity’s agents, employees, contractors, subcontractors and others acting under the person, entity or group’s direction.
RECEIVING WATER. Any lake, river, stream or wetland that receives stormwater discharges from an MS4.
SEASONALLY SATURATED SOIL. Soils below the highest seasonal elevation that are in a reduced chemical state because of soil voids being filled with water causing anaerobic conditions. SEASONALLY SATURATED SOIL is evidenced by the presence of redoximorphic features or other information determined by scientifically established methods or empirical field measurements.
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, air or ice, and has come to rest on the earth’s surface either above or below water level.
SEDIMENTATION. The process or action of depositing sediment caused by erosion.
SEDIMENT CONTROL. The methods employed to prevent sediment from leaving the development site. SEDIMENT CONTROL practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins. A floating silt curtain placed in the water is not a sediment control BMP to satisfy perimeter control requirements, except as provided for in the NPDES/SDS general stormwater permit for construction activity.
SIGNIFICANT MATERIALS. Includes, but is not limited to: raw materials, fuels, materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers, pesticides and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges. When determining whether a material is SIGNIFICANT, the physical and chemical characteristics of the material should be considered (e.g., the material’s solubility, transportability and toxicity characteristics) to determine the material’s pollution potential (40 C.F.R. § 122.26(b)(12)).
SITE PLAN. A joint stormwater and erosion and sediment control plan that is a document containing the requirements of § 154.03, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution and sediment damages.
SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this chapter stockpiles of sand, gravel, aggregate, concrete or bituminous materials are not considered SOIL stockpiles.
STABILIZE, STABILIZED, and/or STABILIZATION. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Grass, agricultural crop or other seeding alone is not STABILIZATION. Mulch materials must achieve approximately 90% ground coverage (typically two tons/acre).
STORMWATER. Any precipitation runoff, stormwater runoff, snow melt off and any other surface runoff and drainage as defined by Minn. Rule 7090.0080, subp. 12.
STORMWATER POLLUTION CONTROL PLAN. A joint stormwater and erosion and sediment control plan that is a document containing the requirements of § 154.04, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution and sediment damages.
STRUCTURAL STORMWATER BMP. A stationary and permanent BMP that is 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 and the like development. Minn. Rule 6120.2500, subp. 17 defines a SUBDIVISION as land that is divided for the purpose of sale, rent or lease, including planned unit development.
SURFACE WATER OR WATERS. 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.
TEMPORARY EROSION PROTECTION. Methods employed to prevent erosion during construction activities. Examples of TEMPORARY EROSION PROTECTION include, but are not limited to: straw, wood fiber blanket, wood chips, vegetation, mulch and rolled erosion control products.
URBAN. Of, relating to or characteristic of constituting a city.
VEGETATED OR GRASSED SWALES. A vegetated earthen channel that conveys stormwater, while treating the stormwater by biofiltration. The swales remove pollutants by both filtration and infiltration.
VOLUME REDUCTION PRACTICES. Engineering practices (e.g., infiltration or other) designed to retain the water quality volume on-site. Wet sedimentation basins and filtration systems are not considered to be VOLUME REDUCTION PRACTICES.
WATERS OF THE STATE. As defined in Minn. Stat. § 115.01(22), as it may be amended from time to time, the term means 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.
WATER POLLUTION.
(1) The discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, agricultural, commercial, industrial, recreational or other legitimate uses, or to livestock, animals, birds, fish or other aquatic life; or
(2) The alteration made or induced by human activity of the chemical, physical, biological or radiological integrity of waters of the state as defined by Minn. Stat. § 115.01(13), as it may be amended from time to time.
WATER QUALITY VOLUME.
(1) For construction activity (excluding linear projects), one inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project (calculated as an instantaneous volume); or
(2) For linear projects, the greater of one inch of runoff from the new impervious surface or one-half inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project (calculated as an instantaneous volume).
WETLAND or WETLANDS.
(1) Those areas that are inundated or saturated by surface water or groundwater 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.
(2) WETLANDS generally include swamps, marshes, bogs and similar areas.
(3) Constructed WETLANDS designed for wastewater treatment are not waters of the state.
(4) WETLANDS must have the following attributes:
(a) A predominance of hydric soils;
(b) Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and
(c) Under normal circumstances support a prevalence of the vegetation.
(Ord. 23-003, passed 3-13-2023)