The Village of Wolverine Lake adopts by reference the definitions contained in Part 91 and the Rules unless expressly given a different meaning by this chapter. The following definitions shall apply in the interpretation and enforcement of this chapter:
(a) “Accelerated Soil Erosion” means the increased loss of the land surface that occurs as a result of human activities.
(b) “Authorized Public Agency” means a state agency or an agency of a local unit of government authorized by the Department under Section 9110 of Part 91 to implement soil erosion and sedimentation control procedures with regard to earth changes undertaken by it.
(c) “Cease and Desist Order” means an order that stops only that work relative to a project which is causing a violation of this chapter or Part 91 until said violation is corrected.
(d) “Certificate of Completion” means a signed, written statement by the Soil Erosion Control Agent that the specific construction and inspections have been performed and that such work complies with the applicable requirements of Part 91, the Rules, and this chapter.
(e) “Conservation District” means a conservation district authorized under Part 93, Soil Conservation Districts, of the Natural Resources and Environmental Protection Act, 1994 PA 451, being 324.9301 et seq. of the Michigan Compiled Laws.
(f) “Department” means the Michigan Department of Natural Resources and Environment.
(g) “Designated Agent” means a person who has written authorization from the landowner to sign the application and secure an earth change permit in the landowner’s name.
(h) “Earth Change” means a human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the Waters of the State. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production.
(i) “Earth Change Permit” or “Permit” means a permit issued by the Soil Erosion Control Agent to authorize work to be performed under the provisions of Part 91, the Rules, and this chapter.
(j) “Grading” means any leveling, stripping, excavating, filling, stockpiling or any combination thereof and shall include the land in its excavated or filled condition.
(k) “Lake” means the Great Lakes and all natural and artificial inland lakes or impounds that have definite banks, a bed, visible evidence of continued occurrence of water, and a surface area of water that is equal to, or greater than 1 acre. Lake does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.
(l) “Landowner” means the person who owns or holds a recorded easement on the property or who is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of Highway Obstructions and Encroachments; use of Highway by Public Utilities, 1925 PA 368, as amended, being 247.183, 247.184, 247.185, and 247.186 of the Michigan Compiled Laws.
(m) “Municipal Enforcing Agency” means an agency designated by a municipality under Section 9106 of Part 91 to enforce a local ordinance that has been approved by the Department.
(n) “Non-Erosive Velocity” means a speed of water movement that is not conducive to the development of accelerated soil erosion.
(o) “On-Site Authorized Agent” means the person identified on the permit application by the landowner or the designated agent to be authorized and responsible for making decisions on behalf of the landowner.
(p) “Part 91” means Part 91, Soil Erosion and Sedimentation Control, of the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, being 324.9101 et seq. of the Michigan Compiled Laws.
(q) “Permanent Soil Erosion and Sedimentation Control Measures” means those control measures, which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion.
(r) “Rules” means the rules promulgated pursuant to the Administrative Procedures Act of 1969,1969 PA 306, being 24.201 to 24.328 of the Michigan Compiled Laws for the administration of Part 91.
(s) “Sediment” means solid particulate matter, including both mineral and organic matter that is in suspension in water, is being transported, or has been removed from its site of origin by the actions of wind, water, or gravity and has been deposited elsewhere.
(t) “Sediment Basin” means a naturally occurring or constructed depression used for the sole purpose of capturing sediment during and after an earth change activity.
(u) “Soil Erosion” means the wearing away of land by the action of wind, water, or gravity; or a combination of wind, water, or gravity.
(v) “Soil Erosion Control Agent” means a person who has a certificate of training in soil erosion and sedimentation control from the Department and that is appointed by the Village of Wolverine Lake to perform the responsibilities for administering and enforcing Part 91, the Rules, and this chapter.
(w) “Stabilize” means the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.
(x) “State Agency” means a principal state department or a state public university.
(y) “Stop Work Order” means an order that stops all work on a project until any and all violations of Part 91, the Rules and this chapter are corrected, except for remedial measures to correct the violation.
(z) “Stream” means a river, creek, or other surface watercourse which may or may not be serving as a drain as defined in The Drain Code of 1956, 1956 PA 40, as amended, being 280.1 et seq. of the Michigan Compiled Laws, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.
(aa) “Temporary Soil Erosion and Sedimentation Control Measures” means interim control measures which are installed or constructed to control soil erosion and sedimentation and which are not maintained after project completion.
(bb) “Village” means the Village of Wolverine Lake.
(cc) “Violation of Part 91” or “Violates Part 91” means a violation of Part 91, the Rules, or this chapter, or a permit issued under Part 91 or this chapter.
(dd) “Waters of the State” means the Great Lakes and their connecting waters, inland lakes and streams, as defined in the Rules, and wetlands regulated under Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, being 324.30301 et seq. of the Michigan Compiled Laws.
(Ord. 93 A-1. Passed 1-12-11.)