§ 6-2. Definitions.
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence.
"Administrator" means the VSMP authority including the County Administrator, or her designee.
"Agreement in lieu of a stormwater management plan" means a contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan.
"Administrative Guidance Manual" means the latest version of policies and procedures for documentation and calculations verifying compliance with the water quality and quantity requirements, review and approval of Stormwater Pollution Prevention Plans and Stormwater Management Plans, site inspections, obtaining and releasing sureties, reporting and recordkeeping, and compliance strategies for reviews, enforcement, and long-term maintenance and inspection programs.
"Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this chapter.
"Best management practice" or "BMP" 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 waters 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 all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Virginia Code § 62.1-44.15:67 et seq.
"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.
"Clean Water Act" or "CWA" means the federal Clean Water Act (33 U.S.C § 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.
"Department" means the 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, structures, uses 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 in Part XIV (9VAC25-880-1 et seq.) of the Regulations authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.
"Land disturbance" or "land-disturbing activity" means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in section 6-3(c) of this chapter.
"Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
"Locality" or "County" means Gloucester County, Virginia.
"Minor modification" means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
"Municipal separate storm sewer system" or "MS4" means all separate storm sewers that are defined as "large", "medium," or "small" municipal separate storm sewer systems or designated under 9VAC25-870-380(A)(1).
"Operator" means the owner or operator of any facility or activity subject to regulation under this chapter.
"Permit" or "VSMP Authority Permit" means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the Department.
"Permittee" means the person to whom the VSMP Authority Permit is issued.
"Person" means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.
"Regulations" means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870 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 Board" means the Virginia Water Control Board.
"State permit" means an approval to conduct a land-disturbing activity issued by the State 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 Board for stormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations.
"State Water Control Law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
"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 that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
"Stormwater Board" means the body of Board of Supervisor-appointed individuals who convene to arbitrate written decisions of the Stormwater Authority administration.
"Stormwater management plan" means a document(s) containing material describing methods for complying with the requirements of section 6-6 of this chapter. An agreement in lieu of a stormwater management plan as defined in this chapter shall be considered to meet the requirements of a stormwater management plan.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from a construction site, and otherwise meets the requirements of this chapter. In addition, the document 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 the division of any lot, tract, or parcel of land into two (2) or more lots or parcels, for the purpose, whether immediate or future, of transfer of ownership, or building development.
"Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.
"Virginia Stormwater BMP Clearinghouse website" means a state-designated 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 and associated regulations.
"Virginia Stormwater Management Act" or "Act" means Article 2.3 (§ 62.1-44.15 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
"Virginia Stormwater Management Program" or "VSMP" means a program approved by the State 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 such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of Article 2.3 of Chapter 3.1 of Title 62.1 of the Code of Virginia, and associated regulations.
"Virginia Stormwater Management Program authority" or "VSMP authority" means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program.
"Water quantity technical criteria" means standards set forth in regulations adopted by the Virginia Department of Environmental Quality that establish minimum design criteria for measures to control localized flooding and stream channel erosion.
(Ord. of 6-3-2014(1), § 1-2; Ord. of 9-3-2019)
(Ord. of 6-3-2014(1), § 1-2; Ord. of 9-3-2019)