§ 153.471  DEFINITIONS.
   For the purpose of this subchapter, 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. Geographic areas underlain by carbonate bedrock (or other forms of bedrock that can erode or dissolve) with less than 50 feet of sediment cover.
   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.
   BUFFER. A protective vegetated zone located adjacent to a natural resource, such as a water of the state that is subject to direct or indirect human alteration. Acceptable BUFFER vegetation includes preserving existing predevelopment vegetation and/or planting locally distributed native Minnesota trees, shrubs and grassy vegetation. Alteration of those areas is strictly limited.
   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. Includes construction activity as defined in 40 C.F.R. § 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. § 122.26(b)(15). 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, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling and excavating. CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more.
   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 Recourses 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.
   ENERGY DISSIPATION. This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads and gabions that are designed to prevent erosion.
   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 CONTROL. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, limited grading, temporary erosion protection or permanent cover and 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.
   EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush and the like) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of sand, gravel, concrete or bituminous.
   FILTER STRIPS. A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration.
   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.
   GRADING PERMIT. A written warrant or license granted by the city to allow land disturbance activities.
   GREEN INFRASTRUCTURE. A wide array of practices at multiple scales that manages wet weather and that maintains or restores natural hydrology by infiltrating, evapotranspiring 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 overall imperviousness in a watershed. On the local scale, GREEN INFRASTRUCTURE consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements and cisterns.
   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.
   IMPAIRED WATER. All bodies of water that are listed on the Minnesota Pollution Control Agency’s List of Impaired Waters.
   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 at an increased rate of flow than existed prior to development.
      (2)   Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt or gravel roads.
   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.
   MAXIMUM EXTENT PRACTICABLE or 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.
   NATURAL BUFFER. An area of undisturbed cover surrounding surface waters within which construction activities are restricted. Natural buffer includes the vegetation, exposed rock or barren ground that exists prior to commencement of earth-disturbing activities.
   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.
   NEW DEVELOPMENT. All construction activity that is not defined as redevelopment.
   NON-STORMWATER DISCHARGE. Any discharge not composed entirely of stormwater.
   NOTICE OF TERMINATION or 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.
   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, asphalt, concrete, rip rap, roof tops, perennial cover, or other landscaped material that will permanently arrest soil erosion. 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 must be established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures. PERMANENT COVER does not include the practices listed under temporary erosion protection.
   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.
   REDEVELOPMENT. Any construction activity where, prior to the start of construction, the areas to be disturbed have 15% or more of impervious surface(s).
   RUNOFF COEFFICIENT. The average annual fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff.
   SATURATED SOIL. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. SATURATED SOIL is evidenced by the presence of redoximorphic features or other information.
   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)).
   SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document stockpiles of sand, gravel, aggregate, concrete or bituminous materials are not considered SOIL stockpiles.
   STABILIZE, STABILIZED, 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. R. 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 § 153.473, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution and sediment damages.
   STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A joint stormwater and erosion and sediment control plan that is a document containing the requirements of § 153.472, 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. Minnesota Rule 6120.2500, subpart 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.
   TP. Total phosphorus.
   TSS. Total suspended solids.
   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.
   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, Subd. 13, as it may be amended from time to time.
   WET DETENTION FACILITY. A permanent man-made structure for the temporary storage of runoff that contains a permanent pool of water.
   WETLAND or WETLANDS.
      (1)   As defined in Minn. Rules 7050.0130, subpart F, WETLANDS are 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. passed 10-11-1963)