To the extent not inconsistent with terms as provided in subsection
A above, the following definitions shall apply:
ADMINISTRATORThe person or position designated in writing by the City Manager to administer this article on behalf of the City, and any duly authorized agent of the administrator.
AGREEMENT IN LIEU OF A PLANA contract between the VESMP authority and the owner or applicant that specifies methods that shall be implemented to comply with the requirements of the VESMA and this article for the construction of: (i) a single-family detached residential structure; or (ii) a farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5% such contract may be executed by the City in lieu of a soil erosion control and stormwater management plan.
APPLICANTA person submitting a soil erosion control and stormwater management plan to the VESMP authority for approval in order to obtain authorization to commence a land-disturbing activity.
CERTIFIED OR CERTIFICATIONA designation issued by the Department, on behalf of the Commonwealth, to individuals who have completed Department-approved training programs and met any additional eligibility requirements or in other ways demonstrated adequate knowledge and experience in accordance with the eligibility requirements of 9 VAC 25-875-410 related to the specific classifications (9 VAC 25-875-400) within the separate subject matters of ESC or SWM or both.
CHESAPEAKE BAY LAND-DISTURBING ACTIVITYA man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading or excavation, which disturbs an area equal to or greater than 2,500 square feet and less than one acre. The term does not include land-disturbing activities associated with a single-family residence separately built and disturbing less than one acre, not part of a common plan of development or sale, including additions or modifications to existing single-family detached residential structures.
CLEARINGAny activity which removes the vegetative ground cover, including, but not limited to, root mat removal or top soil removal.
DEPARTMENTThe Virginia Department of Environmental Quality.
DIRECTORAs used in this article and the UDO, the department head of the Department of Community Planning and Building. References to "Director" in the VESMA and Code of Virginia refer to the Director of Department of Environmental Quality.
EROSION AND SEDIMENT CONTROL PLAN or ESC PLANA document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.
(SOIL) EROSION CONTROL AND STORMWATER MANAGEMENT PLAN or ESM PLANA soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan or ESM plan. It is a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control plan and the stormwater management plan as each is described in this article.
ESCErosion and sediment control.
EXCAVATINGAny digging, scooping or other methods of removing earth materials.
FARM BUILDING OR STRUCTURETerm as defined in § 36-97 of the Code of Virginia and also includes any building or structure used for agritourism activity, as defined in § 3.2-6400 of the Code of Virginia, and any related impervious services including roads, driveways, and parking areas.
FILLINGAny depositing or stockpiling of earth materials.
GRADINGAny excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITYAny movement of earth or substrate, manually or mechanically that may result in soil erosion or has the potential to change its runoff characteristics, including, but not limited to, any modification of existing grade by dredging, demolition, excavation or fill, grading, scraping, vegetation removal, landscaping, coring, well drilling, pile driving, undergrounding utility lines, trenching, bulldozing, sheeting, shoring and excavation for laying or removing foundations, pilings or other purposes.
LAND DISTURBANCE PERMIT or LDPA local permit issued upon approval by a certified plan reviewer on behalf of the City's Department of Community Planning and Building allowing a land-disturbing activity to commence after the requirements of § 62.1-44.15:34 of the Code of Virginia and the VESMP as established by the City have been met.
OPERATORThe owner or operator of any facility or activity subject to the VESMA and this article. In the context of stormwater associated with a large or small construction activity, "operator" means any person associated with a construction project that meets either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other VPDES permit or LDP permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions).
OWNERTerm as defined in § 62.1-44.3 of the Code of Virginia. For a regulated land-disturbing activity that does not require a VPDES permit, "owner" also means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.
PERMITTEEPerson to whom a VPDES permit and/or LDP is issued.
PERSONAny individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
REGULATIONSThe Virginia Erosion and Stormwater Management Regulations, 9 VAC 25-875-20 et seq., as amended of successor regulations.
RESPONSIBLE LAND DISTURBER or RLDAn individual holding a certificate issued by the Department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan or ESM plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or VPDES permit as defined in this article as a prerequisite for engaging in land disturbance.
STORMWATER POLLUTION PREVENTION PLAN or SWPPPA document 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. A SWPPP required under the VESMP for construction activities shall identify and require the implementation of control measures and shall include or in corporate by reference an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
SWMStormwater management.
TOTAL MAXIMUM DAILY LOAD or TMDLThe sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading, and 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.
TRANSPORTINGAny moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation with result from the soil or earth materials over which transporting occurs.
VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM or VESMPA program established by the City as the VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program includes such items as local ordinances, rules, requirements for VDPES Permits and LDPs, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of the VESMA. Relevant guidelines, standards, and specifications shall include the current editions of the Virginia Erosion and Sediment Control and Stormwater Management Handbooks prepared by or for DEQ (available for use until July 1, 2025), or, the Virginia Stormwater Management Handbook, Version 1.0 (or most current version).
VPDES PERMITA Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Department pursuant to § 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity, such as the General VPDES permit for Discharges of Stormwater from Construction Activities (9 VAC 25-880).