For the purpose of this chapter, the following definitions, as may be amended from time to time, shall apply unless the context clearly indicates or requires a different meaning.
ADVERSE IMPACT. A significant negative impact to land, water and associated resources resulting from a land disturbing activity. The negative impact includes increased risk of flooding, degradation of water quantity, increased sedimentation, reduced groundwater recharge, negative impacts on aquatic organisms, negative impacts on wildlife and other resources, and threatened public health.
ACCIDENTAL DISCHARGE. A prohibited discharge into the York County Stormwater System or receiving waters, which occurs by chance and without planning or consideration prior to occurrence.
APPLICANT. A person, firm, or governmental agency who applying to York County to obtain approval of a permit for a land disturbing activity and to obtain approval to discharge (including stormwater) into the waters of the state.
AS-BUILT OR RECORD DOCUMENT PLANS. A set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.
BEST MANAGEMENT PRACTICES (BMPs). A wide range of management procedures, schedules of activities, prohibitions on practices and other management practices to prevent or reduce the discharge of pollutants to surface waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage in order to effectively reduce erosion and sedimentation impacts. BEST MANAGEMENT PRACTICES (BMPS) must be designed, installed and maintained during land disturbing activities.
BUFFER ZONE. An area, strip, or plot of dense undisturbed perennial native vegetation, either original or reestablished, surrounding streams and rivers, ponds and lakes, wetlands, seeps, or other surface waters that borders jurisdictional surface waters of the United States within which construction activities are restricted. BUFFER ZONES are established for the primary purposes of protecting water quality and maintaining a healthy aquatic ecosystem in the runoff, enhancing water infiltration, and minimizing the discharge of potential sediment, nutrients or pollutants to receiving surface waters.
CERTIFIED EROSION PREVENTION AND SEDIMENT CONTROL INSPECTOR or CEPSCI or CERTIFIED CONSTRUCTION INSPECTOR. A person certified by the South Carolina Land Resources Conservation Commission or SCDHEC through a Construction Site Inspectors Certification Course approved by SCDHEC. Performs and documents required inspections of stormwater management construction activities paying particular attention to time-sensitive permit requirements such as stabilization and maintenance activities. May also be referred to as INSPECTOR.
CERTIFIED STORMWATER PLAN REVIEWER. A person with the responsibility for reviewing stormwater management and sediment control plans for an appropriate plan approval agency as certified by the South Carolina Land Resources Conservation Commission or SCDHEC through a Certified Stormwater Plan Reviewer Course approved by SCDHEC.
CHANNEL. A natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flow water or a ditch or canal excavated for the flow of water.
CLEAN WATER ACT. The Federal Water Pollution Control Act, as amended, codified at 33 USC §§ 1251 et seq.
CLEARING. The removal and disposing of all unwanted surface material, such as trees, brush, grass, weeds, downed trees, and other material which may precede the disturbance of soil by grubbing, grading or exaction in anticipation of construction activities and/or non-construction activities. (For instance, clearing forested land in order to convert forestland to pasture for wildlife management purposes would be considered clearing in anticipation of non-construction activities.)
COMPREHENSIVE STORMWATER POLLUTION PREVENTION PLAN (C-SWPPP). The Stormwater Pollution Prevention Plan (SWPPP) prepared according to requirements outlined in this chapter and SCDHEC’s General Construction Permit Requirements. The C-SWPPP must be submitted with the notice of intent (NOI) and must include the Engineering Report (project design calculations). This document must be submitted and approved by SCDHEC and the county prior to obtaining NOI coverage.
CONSTRUCTION GENERAL PERMIT (CGP) as defined at S.C. Regulation 61-9.122.2, means an NPDES permit issued under S.C. Regulation 61-9.122.28 authorizing a category of discharges or activities under the PCA and CWA within a geographical area.
CONTRACTOR. A person, group, company, etc. hired by the developer to commence and complete construction activities covered by this chapter.
COUNTY. York County, South Carolina.
COUNTY COUNCIL. The governing body of York County, South Carolina.
DESIGN STORM. A NOAA Atlas 14, 24-hour duration storm with a specified return interval or as otherwise specified by the Stormwater Administrator.
DETENTION STRUCTURE. A permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff and release the stored runoff at controlled rates.
DEVELOPMENT or DEVELOPED LAND. Any of the following actions undertaken by any person, including, without limitation, any public or private individual or entity:
(1) Division of a lot, tract, or parcels or other divisions by plat or deed;
(2) The construction, installation, or alteration of a structure, impervious surface or drainage facility;
(3) Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation, mud, sand or rock of a site; or
(4) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.
DISCHARGE. Any discharge or discharge of any sewage, industrial wastes or other waste into the York County MS4 and thus its receiving waters of the state, whether treated or not. When used without qualification, means the “discharge of a pollutant.”
DISCHARGE OF A POLLUTANT as defined at S.C. Regulation 61-9.122.2:
(1) Means:
(a) Any addition of any pollutant or combination of pollutants to waters of the state from any point source; or
(b) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.
(2) Includes additions of pollutants into waters of the state from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.
DISCHARGE OF POLLUTANTS DURING CONSTRUCTION ACTIVITY. A discharge of pollutants in stormwater from areas where land disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.
DITCH. A man-made channel other than a modified natural stream. They are constructed for drainage purposes and typically dug through inter-stream divide areas. They may exhibit characteristics similar to streams.
DRAINAGE AREA. That area contributing runoff to a single point.
EASEMENT. A grant or reservation by the owner of land for the use of such land by others for a specific purpose, and which must be included in the conveyance of land affected by such easement.
ENVIRONMENTAL COMPLIANCE MANAGER. The person responsible for the coordination and enforcement of the York County Environmental Compliance Division and compliance with York County’s NPDES MS4 permit.
EROSION. The wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
FINAL STABILIZATION. All land disturbing activities at the construction site have been completed and that on all areas not covered by permanent structures, either of the following two criteria is met:
(1) A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover has been established excluding areas where no natural background vegetation cover is possible (e.g., on a beach); or
(2) Equivalent permanent stabilization measures (such as the use of landscape mulch, riprap, pavement or gravel) have been implemented to provide effective cover for exposed portions of the construction site not stabilized with vegetation.
(3) For individual lots in residential construction, FINAL STABILIZATION means that either:
(a) The homebuilder has achieved final stabilization on all portions of the lot; or
(b) The homebuilder has established temporary stabilization, including perimeter controls for a residential lot, and has been achieved prior to occupation of the home by the homeowner and that the homeowner has been informed by the primary/secondary permittee about the need for, and benefits of, final stabilization.
(4) For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), either:
(a) Final stabilization has been accomplished by returning the disturbed land to its preconstruction agricultural use; and
(b) For any areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to “surface waters of the state,” and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (1) or (2) or (3) above.
(5) Land disturbance activities were never initiated on the construction site and the construction site remains permanently stabilized.
GRADING. Excavating, filling (including hydraulic fill) or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
ILLICIT CONNECTION. A connection to the York County Storm Water System which results in a discharge that is not composed entirely of storm water runoff except discharges pursuant to an NPDES permit (other than the NPDES permit for the York County Storm Water System).
ILLICIT DISCHARGE. Any activity which results in a discharge to the York County Storm Water System or receiving waters that is not composed entirely of storm water with the exception of permitted discharges as noted in § 152.041(D) of this code.
IMPAIRED WATERS. Waters identified by a State, Tribe or EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable state water quality standards to support classified used as promulgated in S.C. Regulations 61 – 68. Water Classifications and Standards and S.C. Regulations 61 – 69 Classified Waters. IMPAIRED WATERS include both waters with approved or established TMDLs and those for which a TMDL has not yet been approved or established. A list of the streams and lakes not meeting water quality standards can be found on SCDHEC’s website at https://www.scdhec.gov/
.
IMPERVIOUS SURFACE or IMPERVIOUS AREA. Any land surfaces with a low or no capacity for stormwater infiltration, including but not limited to, building rooftops, sidewalks, impervious pavement, impervious parking areas and driveways and packed gravel and soil.
INFILTRATION. The passage or movement of water through the soil or media profile.
INSPECTOR. Refer to definition of CERTIFIED EROSION PREVENTION AND SEDIMENT CONTROL INSPECTOR or CEPSCI or CERTIFIED CONSTRUCTION INSPECTOR.
JURISDICTIONAL. In reference to wetland or stream features means that the US Army Corps of Engineers determined the water body to fall under their definition of waters of the United States. SCDHEC has determined the presence and location of water bodies that falls under their definition of waters of the state or the United States. Jurisdiction may overlap and be concurrent with both levels of government or it may be reposed only to the state. Typically only perennial, intermittent and modified natural streams and wetlands are regulated by SCDHEC and the US Army Corps of Engineers.
LAND DISTURBING ACTIVITY. Any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute sediment and alter the quality and quantity of stormwater runoff. Such activities include but are not limited to clearing, removal of vegetation that disturbs the soil, stripping, grading, grubbing, excavation, filling, logging and storing of materials. Clearing of areas where soils are not exposed and an adequate vegetative structure is left in place is not considered land disturbance, provided that the clearing is not in anticipation of other construction activities such as grubbing and grading.
LAND DISTURBANCE PERMIT. The instrument issued by York County that grants an operator the right to perform land disturbance activities once York County has reviewed the applicant’s submitted SWPPP to ensure that it complies with federal, state and county requirements.
LANDOWNER. An owner of real property.
LARGER COMMON PLAN or LARGER COMMON PLAN FOR DEVELOPMENT OR SALE (LCP). Broadly defined as any announcement or piece of documentation, including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc., or physical demarcation including boundary signs, lot stakes, surveyor markings, etc., indicating construction activities which may occur on a specific plot. [63 Federal Register No. 128, July 6, 1998, p. 36491]
(1) A common plan for development or sale identifies a site where multiple separate and distinct construction activities (i.e. areas of disturbance) are occurring on contiguous areas. Such site may have one operator or owner or several operators and owners. Construction activities may take place at different times on different schedules, in separate stages, and/or in separate phases, and/or in combination with other construction activities. Each developer, operator or owner for each site or project determined to be a part of a LCP are subject to permitting requirements as defined by this chapter.
(2) Projects and sites identified as part of a larger common plan for development or sale are linked through permitting by York County as part of one plan, referred to as the LARGER COMMON PLAN. LCP projects must ensure that adequate stormwater management facilities are designed into the project(s) or site(s) to control pollution and protect water quality during all stages or phases of development. Project or sites added as part of a LCP may be required to expand existing or provide additional stormwater management facilities to control pollution from land disturbance activities from other contiguous areas or proposed additional phases as required by this chapter.
(3) LCP projects are typically identified by the documentation that identifies the scope of the project including such things as plats, blueprints, marking plans, contracts, building permits, public notice or hearing, and zoning requests. If master calculations have been prepared and/or submitted for an entire site, then all phases and parcels at that site would be considered part of a LCP.
LOW IMPACT DEVELOPMENT (LID). An approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible, the LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. There are many practices that have been used to adhere to these principles such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. By implementing LID principles and practices, water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed. Applied on a broad scale, LID can maintain or restore a watershed’s hydrologic and ecological functions.
MAINTENANCE. Any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in the Manual and to prevent structural failure of such facilities.
MAINTENANCE AGREEMENT. A written contract between the responsible party and the county to perform any action necessary to maintain stormwater management facilities and/or best management practices in proper working condition as described in the Manual, in order to serve the intended purposes as originally designed, and as set forth in the Manual and also this Chapter 152.
MASS CLEARING. The movement of earth as a part of construction activities altering the topographic features of a site, including elevation and slope, in order to prepare the site to be pad ready and prepared for fine grading/construction activities. Soils are heavily disturbed and compacted in this process.
MINIMIZE. To reduce and/or eliminate to the extent achievable using stormwater controls (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practices.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 as defined at S.C. Regulation 61-9.122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
(1) Owned and/or operated by a state, city, town, borough, county, parish, district, association or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or disposal of stormwater or other wastes as designated under § 208 of the CWA that discharges to surface waters of the United States;
(2) Designed or used for collecting or conveying stormwater;
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined at S.C. Regulation 61-9.122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) as defined at S.C. Regulation 61-9.122.2 means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of National Pollutant Discharge Elimination System. See CLEAN WATER ACT. The term includes an approved program.
NATURAL WATERWAYS. Waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Construction channels such as drainage ditches shall not be considered natural waterways.
NEW OWNER OR NEW OPERATOR. An operator or owner that replaces an existing operator or owner on a construction project through transfer of ownership and/or operation.
NONERODIBLE. A material, e.g., natural rock, riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces of wind, water, ice, gravity or a combination of those forces.
NONPOINT SOURCE POLLUTION. Pollution contained in stormwater runoff from ill-defined, diffuse sources.
NPDES PERMIT. The NPDES permit for stormwater discharges issued to York County by SCDHEC pursuant to the Clean Water Act and the federal stormwater discharge regulations (40 CFR 122.26) for all point source discharges into surface waters, and shall constitute a final determination of SCDHEC.
ONE HUNDRED YEAR FREQUENCY STORM or 100-YEAR, 24-HOUR STORM. The maximum 24-hour precipitation event with a probable recurrence interval of once in 100 years. It also may be expressed as an exceedance probability with a 1% chance of being equaled or exceeded in any given year.
OPERATOR. In context of stormwater associated with construction activity, means any party associated with a construction project that meets one of the following two criteria:
(1) The person has operational or design control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs and specifications by a qualified individual. This person is typically the owner or developer of the project or a portion of the project (subsequent builders), and is considered the primary permittee; or
(2) The person has day-to-day operational control of those activities at a construction site which are necessary to ensure compliance with a SWPPP for the site or other permitted conditions. This person is often referred to as the operator of day-to-day site activities and is typically a contractor or a commercial builder who is hired by the primary permittee. This person is considered a secondary permittee.
OUTFALL. A point source where York County Stormwater System discharges into a receiving body of water. For the purpose of construction activities OUTFALL means a point source at the discharge point of a waste stream, sewer, or drain into a receiving body of water.
PERENNIAL STREAM. A stream or river channel that has continuous flow in parts of its bed all year round during years of normal rainfall. Base flow is maintained by ground water discharge, as the stream channel is usually below the water table.
PERSON. Any and all persons, natural or artificial and includes any individual, association, firm, public or private corporation, business trust, estate, trust, partnership, industry, two or more persons having a joint or common interest, political subdivision, municipality, state or federal or an agent or employee thereof, or any other legal entity whatsoever.
POLLUTANT as defined at S.C. Regulation 61-9.122.2 means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. Typical construction site pollutants include sediment, oil and grease, pesticides and fertilizers, pollutants from construction wastes, and pollutants from construction materials.
POST-DEVELOPMENT. The conditions which exist following the completion of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
PRE-DEVELOPMENT. The conditions which existed prior to the initiation of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of stormwater runoff.
PRIMARY PERMITTEE. The person that has operational control over construction plans, SWPPPs and specifications, including the ability to request modifications to those plans, SWPPPs and specifications, by a qualified individual. This person is typically the owner or developer of the project or a portion of the project (subsequent builders).
RECEIVING WATERS. The waters into which the York County Stormwater System outfalls flow and which are located within the jurisdictional boundaries of unincorporated York County and include, without limitation, the lakes, rivers, streams, ponds, wetlands, and groundwater of York County.
REDEVELOPMENT. A land disturbance activity that alters the current use of the land but does not necessarily alter the pre-development runoff characteristics.
REGULATION. Any regulation, rule or requirement prepared by county, and adopted by the York County Council pursuant to the Manual.
RESPONSIBLE PARTY and/or RESPONSIBLE PARTIES. Any property (lot) owner of a development, as defined in the original approved Stormwater Management Plan, Stormwater Pollution Prevention Plan, maintenance agreement, restrictive covenant, final plat, or are part of a larger common plan of development, and any property owner association (POA), home owner association (HOA), landowner, individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns or successors in interest, who has stormwater responsibilities and/or requirements under this Chapter 152.
RESPONSIBLE PERSONNEL. Any foreman, superintendent, or similar individual who is the on-site person in charge of land disturbing activities and has signed the contractor certification form.
RETENTION BASIN or RETENTION POND. A permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff. Release of the given volume is by infiltration and/or evaporation.
RIPARIAN BUFFER. A vegetated area boarding a body of water, such as a stream, lake or pond.
SECONDARY PERMITTEE. The person who has day-to-day operational control of those activities at a residential development that are necessary to ensure compliance with a SWPPP for the site or other permit conditions. The person is typically an individual lot owner or residential builder.
SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin.
SENSITIVE WATERS. Any waters with approved or established TMDLs, any waters included in the most recent SCDHEC Bureau of Water Clean Water Act (CWA) Section 303(d) list, and/or any waters pursuant to South Carolina’s Classification and Standards (R.61-68) and Classified Waters (R.61-69) regulations that are classified as either outstanding national resource waters, outstanding resource waters, trout waters, or shellfish harvesting waters.
SIMPLIFIED STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN (SIMPLIFIED SMSCP). A submittal meeting the requirements in § 152.017(C) of this code by the operator for land disturbing activities.
SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants.
STABILIZATION. The installation of vegetative or non-vegetative (structural measures) to establish a soil cover to prevent and/or reduce soil erosion and sediment loss in areas exposed during the construction process.
STOP WORK ORDER. An order directing the operator to cease and desist all or any portion of the work which violates the provisions of this Chapter 152.
STORMWATER. Rainfall, stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER ADMINISTRATOR. The York County staff employee or designee, as appointed by the York County Manager, which administers and enforces Chapter 152 - Stormwater Management and Sediment Control Ordinance of the York County Code of Ordinances and the Manual.
STORMWATER MANAGEMENT.
(1) For quantitative control: a system of vegetative or structural measures, or both the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this chapter and its terms, including, but not limited to measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
(2) For qualities control: a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff.
STORMWATER MANAGEMENT AND SEDIMENT CONTROL PLAN or SMSCP. The set of drawings and other documents and supporting calculations submitted as a prerequisite to obtaining a permit to undertake a land disturbance activity. SMSCP must contain all information and specifications identified in the Design Manual. In general the SMSCP is considered to be a part of the Stormwater Pollution Prevention Plan (SWPPP).
STORMWATER MANAGEMENT DESIGN MANUAL or MANUAL. The most recent edition of the York County manual for design, performance, and review criteria for stormwater management and best management practices.
STORMWATER MANAGEMENT FACILITY. Any structural stormwater management measure or device that controls stormwater runoff or changes the characteristics of that runoff to include the quantity, the quality, the period of release or the velocity of flow. A stormwater management facility includes, but is not limited to basins, ponds, proprietary devices, low impact development features, water quality buffers, filtration and/or other treatment devices, ditches, swales, culverts, pipes and manholes.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). Generally, a site-specific written document that (1) identifies potential sources of stormwater pollution at the construction site; (2) describes stormwater control measures to reduce or eliminate pollutants in stormwater discharges from the construction site; and (3) identifies procedures that operator will implement to comply with the terms and conditions of this chapter. The SWPPP includes site map(s), drawings and plans, other documents, and supporting calculations, and identifications of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. SWPPP generally means Comprehensive Stormwater Pollution Prevention Plan, unless specific reference is given to the On-Site SWPPP.
STORMWATER RUNOFF. Direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
STORMWATER SYSTEM. Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. STORMWATER SYSTEM includes both public and privately owned features.
STREAM. A body of concentrated flowing water in a natural low area or natural channel on the lad surface. There are three STREAM types: perennial, intermittent and ephemeral.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes RE-SUBDIVISION which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.
TEN-YEAR FREQUENCY STORM or TEN YEAR STORM EVENT. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedance probability with a 10% chance of being equaled or exceeded in any given year.
TOTAL MAXIMUM DAILY LOAD or TMDL. A calculation of the maximum amount of a specific pollutant(s) that a water body can receive and still meet water quality standards. It is the sum of the allowable loads or allocations of a given pollutant from all contributing points (waste load allocations (WLA)) and nonpoint (load allocation (LA)) sources. It also incorporates a margin of safety and consideration of seasonal variation. For an impaired water body, the TMDL document specifies the level of pollutant reduction needed for water body use attainment. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.
TWENTY-FIVE YEAR FREQUENCY STORM or TWENTY-FIVE YEAR STORM EVENT. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 25 years. It also may be expressed as an exceedance probability with a 4% chance of being equaled or exceeded in any given year.
TWO-YEAR FREQUENCY STORM or TWO YEAR STORM EVENT. A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in two years. It may also be expressed as an exceedance probability with a 50% chance of being equaled or exceeded in any given year.
VARIANCE. The modification of the minimum sediment and stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of these regulations.
WAIVER. The relinquishment from sediment and stormwater management requirements by the appropriate plan approval authority for a specific land disturbing activity on a case-by-case review basis.
WATER QUALITY. Those characteristics of stormwater runoff from a land disturbing activity that relate to the physical, chemical, biological, or radiological integrity of water.
WATER QUANTITY. Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff to downstream areas resulting from land disturbing activities.
WATERSHED. The drainage area contributing stormwater runoff to a single point.
WATERSHED MASTER PLAN. A plan for a designated watershed that analyzes the impact of existing and future land uses and land disturbing activities in the entire watershed and includes strategies to reduce nonpoint source pollution, to manage stormwater runoff and control flooding. The plan must be developed for the entire watershed, regardless of political boundaries, and must include appropriate physical, institutional, economic and administrative data needed to justify the plan.
WATERS OF THE STATE as defined in S.C. Regulation 61-9.122.2 means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the state or within its jurisdiction.
WATERS OF THE UNITED STATES or WATERS OF THE U.S. as defined in S.C. Regulation 61-9.122.2:
(1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce;
(2) All interstate waters, including interstate “wetlands;”
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:
(a) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
(b) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(c) Which are used or could be used for industrial purposes by industries in interstate commerce.
(4) All impoundments of waters otherwise defined as waters of the United States under this definition;
(5) Tributaries of waters identified in paragraphs (1) through (4) of this definition;
(6) The territorial sea;
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (1) through (6) of this definition; and
(8) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not waters of the United States.
WETLANDS. Those areas that are inundated or saturated by surface 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. WETLANDS generally include swamps, marshes, bogs, and similar areas.
(Ord. 2819, passed 6-17-19; Am. Ord. 3420, passed 10-5-20)