§ 26-352. Definitions.
The following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates otherwise.
Applicant: A property owner or agent of a property owner who has filed an application for a stormwater management permit.
Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Buffer: A vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake, reservoir or coastal estuarine area. Alteration of this natural area is strictly limited.
City of Owensboro: The municipal city department designated to enforce this article as determined by the director of public works or his designee.
CSS: The combined sewer system, or the sewer system that carries a mixture of stormwater and sanitary sewage during and immediately after rain events.
Dedication: The deliberate appropriation of property by its owner for general public use.
Detention: The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
Developer: Any person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in the development or re-development of property.
Development:
(1)
The improvement of property for any purpose involving building;
(2)
Subdivision, or the division of a tract or parcel of land in two (2) or more parcels;
(3)
The combination of any two (2) or more lots, tracts, or parcels of property for any purpose;
(4)
The preparation of land for any of the above purposes.
Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
Erosion Prevention and Sediment Control (EPSC): The prevention of soil erosion and control of solid material during land disturbing activity to prevent its transport out of the disturbed area by means of air, water, gravity, or ice.
Fee in Lieu: A payment of money in place of meeting all or part of the stormwater performance standards required by this article.
High Quality Waters or HQW: Those "waters of the Commonwealth" that have been categorized by the state division of water as high quality pursuant to the requirements of 401 KAR 10:030, section 1(3).
Hotspot: An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
Illicit Connections to MS4: Any of the following:
(1)
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
(2)
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Illicit Discharge: The act of depositing pollutants into the MS4 and/or the CSS.
Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).
Infiltration: The process of percolating stormwater into the subsoil.
KEPSC: The Kentucky Erosion Prevention and Sediment Control Program, which is a group consisting of the MS4 communities throughout the state, created to establish equity throughout the state in the training and qualification of inspectors and plan preparers.
KPDES: The Kentucky Pollutant Discharge Elimination System.
Land Disturbance Activity: Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
Landowner: The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
Maintenance Agreement: A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MCM: A minimum control measure, which is the least action required to obtain the goals as set forth in the KPDES permit.
MS4: The municipal separate storm sewer system, or the conveyance system that carries only stormwater, and not sanitary sewage.
NOD: A notice of deficiency, which will be defined as the written notice given to a person or entity by the city upon the first violation of this article. The violator of this article shall be given a set time period to make corrective actions to repair the system.
NOI: The notice of intent of a construction project, as defined in the KPDES permit.
Nonpoint Source Pollution: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silviculture, mining, construction, subsurface disposal and urban runoff sources.
NOT: The notice of termination of a construction project, as defined in the KPDES permit.
NOV: A notice of violation, which will be defined as the subsequent written notices, after the NOD given to a person or entity by the city after repeated violations of this article have occurred. The violator of this article shall be given a reasonable time period to make corrective actions to repair the system prior to stop work orders, fines and/or mandated incarceration.
Off-Site Facility: A stormwater management measure located outside the subject property boundary described in the permit application for land development activity.
On-Site Facility: A stormwater management measure located within the subject property boundary described in the permit application for land development activity.
Person: Any natural person, or any firm, proprietorship, association, corporation, or other public or private organization.
Pollutants: Paint, oil, or any petroleum-based substances, toxic chemicals, or hazardous materials and substances, solid or human waste, untreated sewage, or any substance, the exposure to which is deemed harmful to humans, animals, or the environment under federal or state law.
Private Development/Redevelopment: Developments that are not the responsibility of the state or local municipality to provide maintenance on including storm sewers, stormwater facilities, and roads.
Private Storm Sewer Drainage System: Any manhole, drainage inlet, catch basin, ditch, creek, stream, water course, drainage conduit, sewer, pond, lake, drainage way, retention basin, or topographical configuration which acts to channel the course of stormwater flow across privately owned property; or any combination of the above, or all other natural or man-made outlets which empty into any of the above which carry storm and surface water and drainage but does not fall within a dedicated and/or platted right-of-way, drainage easement or utility easement. These systems are not to be maintained by the city.
Public Development/Redevelopment: Developments that are the responsibility of the state or local municipality to provide maintenance on including storm sewers, stormwater facilities, and roads.
Public Storm Sewer Drainage System: Any approved and dedicated manhole, drainage inlet, public right-of-way, including curb and gutter, catch basin, ditch, creek, stream, water course, drainage conduit, sewer, pond, lake, drainage easement, retention basin, or topographical configuration which acts to channel the course of stormwater flow across publicly or privately owned property; or any combination of the above, or all other approved and dedicated natural or man-made outlets which empty into any of the above drainage systems which carry storm, surface water and drainage which fall within a dedicated right-to-way, drainage easement, or utility easement. These systems are to be maintained by the city.
Qualified Inspector: An individual who has successfully completed the KEPSC qualified inspector training program and has scored a passing grade on the exam; or has obtained a similar qualification from a similar accredited program on the state or national level. Other professional registrations or licenses shall not be substituted for this qualification.
Redevelopment: Any construction, alteration or improvement involving land disturbance performed in areas where existing land use is high density commercial, industrial, institutional or multi-family residential. Sites in which land has been cleared and laid fallow for over three (3) years shall not be considered redevelopment and are subject to new development standards.
Runoff: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
Sediment: Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
Stop Work Order: A written notice given to any violator of this article requiring the violator to immediately cease and desist any and all activity on the site the violation occurred, other than any work required to correct and repair the damaged system. No other work can be performed on the site until the stop work order is rescinded.
Stormwater: Stormwater run-off, snow melt runoff, and surface run-off and drainage.
Stormwater Management: The use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.
Stormwater Pollution Prevention Plan (SWPPP): A site-specific document required for submission of the KPDES notice of intent (NOI) and this article. The SWPPP is utilized during construction and for post-construction conditions to identify potential sources of pollution, describe practices to reduce pollutants in stormwater discharges, and identify implementation procedures to maintain compliance with the current general permit.
Stormwater Treatment Practices (STPs): Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
Water Pollution: The alteration of the physical, thermal, chemical, biological, or radioactive properties of the waters of the state in such a manner, condition, or quantity that will be detrimental to the public health or welfare, to animal or aquatic life or marine life, to the use of such waters as present or future sources of public water supply or to the use of such waters for recreational, commercial, industrial, agricultural, or other legitimate purposes.
Yard Waste: Grass clippings, leaves, limbs, plants, bushes, flowers or shrubs.
(Ord. No. 33-2008, § 1, 10-7-2008; Ord. No. 33-2013, § 3, 9-17-2013)