To the extent not inconsistent with terms as provided in subsection
A above, the following definitions shall apply:
ADMINISTRATOR
The 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 PLAN
A 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.
APPLICANT
A 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 CERTIFICATION
A 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 ACTIVITY
A 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.
CLEARING
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or top soil removal.
DEPARTMENT
The Virginia Department of Environmental Quality.
DIRECTOR
As 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 PLAN
A 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
PLAN
A 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.
ESC
Erosion and sediment control.
EXCAVATING
Any digging, scooping or other methods of removing earth
materials.
FARM BUILDING OR STRUCTURE
Term 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.
FILLING
Any depositing or stockpiling of earth materials.
GRADING
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
Any 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 LDP
A 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.
OPERATOR
The 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).
OWNER
Term 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.
PERMITTEE
Person to whom a VPDES permit and/or LDP is issued.
PERSON
Any 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.
REGULATIONS
The Virginia Erosion and Stormwater Management Regulations,
9 VAC 25-875-20 et seq., as amended of successor regulations.
RESPONSIBLE LAND DISTURBER or RLD
An 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 SWPPP
A 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.
SWM
Stormwater management.
TOTAL MAXIMUM DAILY LOAD or TMDL
The 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.
TRANSPORTING
Any 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 VESMP
A 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 PERMIT
A 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).