§ 14-323. Definitions.

The following words and terms used in this article have the following meanings, unless the context clearly indicates otherwise. In addition, some terms not defined herein are defined at 9VAC25-870-10 of the Virginia Stormwater Management Regulations, as amended, and are incorporated herein by reference.

Administrator means the Director of Public Utilities or his or her designee.

Agreement in lieu of a stormwater management plan means an executed agreement in lieu of a stormwater management plan, which shall be a contract between the City and a Richmond Stormwater Management Program Permit applicant, that is on a form approved by the Administrator, and that specifies methods that the applicant shall implement to comply with the Richmond Stormwater Management Program requirements for the construction of a detached, separately constructed, single-family residence.

Applicant means any person submitting an application for a permit under this article.

Best management practice means schedules of activities, prohibitions of practices (including both structural and nonstructural practices), maintenance procedures, and other management practices to prevent or reduce the pollution of surface water and groundwater systems from the impacts of land-disturbing activities.

Chesapeake Bay Preservation Act land-disturbing activity means a land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500 square feet and less than one acre in areas of the City designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:67 et seq.

Clean Water Act means the Federal Clean Water Act (33 USC § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.

Common plan of development or sale means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.

Control measure means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to State waters.

Department of Environmental Quality means the Virginia Department of Environmental Quality.

Development means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities, or structures, or the clearing of land for non-agricultural or non-silvicultural purposes.

General permit means the State permit titled General Permit for Discharges of Stormwater from Construction Activities found at 9VAC25-880-1 et seq.

Land disturbance or land-disturbing activity means, for the purpose of this article, a manmade change to the land surface that potentially changes its runoff characteristics, including clearing, grading, or excavation, except that the term shall not include the exemptions included in Section 14-324.

Layout means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.

Minor modification means an amendment to an existing permit before its expiration, not requiring extensive review and evaluation and including, but not limited to, changes in test protocols promulgated by the U.S. Environmental Protection Agency, increased monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within compliance schedules. A minor permit modification or amendment does not substantially alter permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of an operation, or reduce the capacity of a facility to protect human health or the environment.

Operator means the owner or operator of any facility or activity subject to regulation pursuant to this article.

Permit or Richmond Stormwater Management Program Permit means an approval to conduct a land-disturbing activity, issued by the Administrator after the Administrator has confirmed, if applicable, general permit coverage with the Department of Environmental Quality.

Permittee means the person to whom a Richmond Stormwater Management Program Permit is issued.

Person means any individual, corporation, partnership, association, state, municipality, commission, political subdivision of a state, governmental body (including Federal, State, or local entity, as applicable), interstate body, or any other legal entity.

Regulations means the Virginia Stormwater Management Program Permit Regulations, 9VAC25-870-10 et seq., as amended.

Site means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site.

State means the Commonwealth of Virginia.

State permit means an approval to conduct a land-disturbing activity issued by the State Water Control Board in the form of a State stormwater individual permit or coverage issued under a State general permit, or an approval issued by the State Water Control Board for stormwater discharges from a municipal separate storm sewer system. The State imposes and enforces requirements pursuant to the Clean Water Act and regulations, the Virginia Stormwater Management Act, and the Regulations through the use of State permits.

State Water Control Board means the Virginia State Water Control Board.

State Water Control Law means Code of Virginia, title 62.1, ch. 3.1 (Code of Virginia, § 62.1-44.2 et seq.).

State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth, or within its jurisdiction, including wetlands.

Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater management plan means a document containing material that describes methods for complying with the requirements of this article.

Stormwater pollution prevention plan means a document that is prepared in accordance with good engineering practices, that identifies potential sources of pollutants that reasonably may be expected to adversely affect the quality of stormwater discharges from a construction site, and that otherwise meets the requirements of this chapter. In addition, a stormwater pollution prevention plan shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

Subdivision means a division, subdivision, or resubdivision of a lot, tract, or parcel of land situated wholly or partly within the corporate City limits into three or more lots, tracts, or parcels of land for the purpose, whether immediate or in the future, of transferring ownership of any one or more of such lots, tracts, or parcels of land or for the purpose of the erection of buildings or other structures on any one or more of such lots, tracts, or parcels of land. The term "subdivision" shall not include a division of land for agricultural purposes in parcels of one acre or more, the average width of which is not less than 150 feet, when such division:

(1)

Does not require the opening of any new street or the use of any new public easement of access;

(2)

Does not obstruct, and is not likely to obstruct, natural drainage;

(3)

Does not adversely affect, and is not likely to adversely affect, the establishment of any expressway, major street, primary highway, or toll road; and

(4)

Does not adversely affect the execution or development of any plat or subdivision approved by the City Planning Commission or otherwise adversely affect the orderly subdivision of contiguous property.

Total maximum daily load means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. Total maximum daily loads can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The total maximum daily load process provides for point versus nonpoint source trade-offs.

Virginia Stormwater Best Management Practice Clearinghouse Website means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.) and associated regulations.

Virginia Stormwater Management Act or Act means Code of Virginia, title 62, ch. 3.1, art. 23 (Code of Virginia, § 62.1-44.15:24 et seq.).

Virginia Stormwater Management Program means a program approved by the State Water Control Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities, and shall include local ordinances, rules and regulations, permit requirements, standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement, where authorized by the Act, and evaluation consistent with the requirements of the Act and associated regulations.

Virginia Stormwater Management Program Authority means an authority approved by the State Water Control Board after September 13, 2011, to operate a Virginia Stormwater Management Program. For purposes of this article, the City is the Virginia Stormwater Management Program Authority.

(Code 2004, § 50-402; Ord. No. 2014-116-89, § 3, 5-27-2014)

(Code 2004, § 50-402; Ord. No. 2014-116-89, § 3, 5-27-2014)