§ 6C-2. Definitions.

(a)

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:

Accelerated erosion means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.

Act means the Virginia Stormwater Management Act, Article 2.3 (section 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Administrator means the VSMP authority including the Rockingham County staff person or department responsible for administering the VSMP on behalf of the locality.

Agreement in lieu of a stormwater 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.

Applicable standards and limitations means all state, interstate, and federal standards and limitations to which a discharge or a related activity is subject under the Clean Water Act (CWA) (33 USC section 1251 et seq.) and the Act, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices, and standards for sewage sludge use or disposal under sections 301, 302, 303, 304, 306, 307, 308, 403 and 405 of CWA.

Applicant means any person submitting an application for a permit or requesting the issuance of a permit under this chapter.

Approval authority means the Virginia State Water Control or its designee.

Approved program or approved state means a state or interstate program that has been approved or authorized by EPA under 40 CFR Part 123 (2000).

Aquatic bench means a ten- to fifteen-foot-wide bench around the perimeter of a permanent pool that ranges in depth from zero (0) to twelve (12) inches. Vegetated with emergent plants, the bench augments pollutant removal, provides habitats, conceals trash and water level fluctuations, and enhances safety.

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.

Bio-retention basin means a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a vegetated surface layer (vegetation, mulch, and ground cover), planting soil, and sand bed, and into the in-situ material.

Board means the state water control board.

Channel means a natural or manmade waterway.

Clean Water Act or CWA means the Federal Clean Water Act (33 USC section 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 and/or with separate applicants.

Comprehensive stormwater management plan means a plan, which may be integrated with other land use plans or regulations, which specifies how the water quality components, quantity components, or both of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan may also provide for the remediation of erosion, flooding, and water quality and quantity problems caused by prior development.

Constructed wetland means areas intentionally designed and created to emulate the water quality improvement function of wetlands for the primary purpose of removing pollutants from stormwater.

Construction activity means any clearing, grading or excavation associated with large construction activity or associated with small construction activity.

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

Co-operator means an operator of a state permit that is only responsible for state permit conditions relating to the discharge for which it is the operator.

County means Rockingham County, Virginia.

CWA and regulations means the Clean Water Act (CWA) and applicable regulations published in the Code of Federal Regulations promulgated thereunder. For the purposes of this chapter, it includes state program requirements.

Department means the department of environmental quality.

Developer means a person who undertakes land disturbance activities.

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 nonagricultural or non-silvicultural purposes. The regulation of discharges from development, for purposes of these regulations, does not include the exemptions found in 9VAC25-870-300.

Direct discharge means the discharge of a pollutant.

Director means the director of the department of environmental quality or his/her designee.

Discharge when used without qualification, means the discharge of a pollutant.

Discharge of a pollutant means:

(1)

Any addition of any pollutant or combination of pollutants to state waters from any point source; or

(2)

Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

This definition includes additions of pollutants into surface waters from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.

Drainage area means a land area, water area, or both from which runoff flows to a common point.

Drainage easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.

Effluent limitation means any restriction imposed by the board on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into surface waters, the waters of the contiguous zone, or the ocean.

Effluent limitations guidelines means a regulation published by the administrator under section 304(b) of the CWA to adopt or revise effluent limitations.

Environmental protection agency or EPA means the United States Environmental Protection Agency.

Erosion and sediment control plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

Existing source means any source that is not a new source or a new discharger.

Existing state permit means for the purposes of this chapter a state permit issued by the board and currently held by a state permit applicant.

Facilities or equipment means buildings, structures, process or production equipment or machinery that form a permanent part of a new source and that will be used in its operation, if these facilities or equipment are of such value as to represent a substantial commitment to construct. It excludes facilities or equipment used in connection with feasibility, engineering, and design studies regarding the new source or water pollution treatment for the new source.

Flood fringe means the portion of the floodplain outside the floodway that is usually covered with water from the 100-year flood or storm event. This includes, but is not limited to, the flood or floodway fringe designated by the Federal Emergency Management Agency.

Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.

Floodplain means the area adjacent to a channel, river, stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year flood or storm event. This includes, but is not limited to, the floodplain designated by the Federal Emergency Management Agency.

Floodprone area means the component of a natural or restored stormwater conveyance system that is outside the main channel. Floodprone areas may include, but are not limited to, the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.

Floodway means the channel of a river or other watercourse and the adjacent land areas, usually associated with flowing water, that must be reserved in order to discharge the 100-year flood or storm event without cumulatively increasing the water surface elevation more than one (1) foot. This includes, but is not limited to, the floodway designated by the Federal Emergency Management Agency.

Hazardous substance means any substance designated under the Code of Virginia or 40 CFR Part 116 (2000) pursuant to section 311 of the CWA.

Hydrologic unit code or "HUC" means a watershed unit established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset.

Impervious cover means a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, compacted gravel, or surfaces composed of material that significantly impedes or prevents natural infiltration of water into soil.

Infiltration means the process of percolating stormwater into the subsoil.

Inspection means an on-site review of the project's compliance with the permit or the state permit, the VSMP, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the implementation or enforcement of the Act and this chapter.

Jurisdictional wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophilic vegetation. To be determined by overseeing agency, such as Army Corps of Engineers and Virginia Department of Environmental Quality.

Karst area means any land area predominantly underlain at the surface or shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface karst features.

Karst features means sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.

Land disturbance or land-disturbing activity means a manmade change to the land surface that potentially changes its runoff characteristics, including but not limited to clearing, 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 manmade watercourse. Except that the term shall not include those exemptions specified in section 62.1-44.15:34C of the Code of Virginia.

Large construction activity means construction activity including clearing, grading and excavation, except operations that result in the disturbance of less than five (5) acres of total land area. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five (5) acres or more. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

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

Linear development project means a land-disturbing activity that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (iii) highway construction projects; (iv) construction of stormwater channels and stream restoration activities; and (v) water and sewer lines. Private subdivision roads or streets shall not be considered linear development projects.

Locality means a county, city, or town.

Localized flooding means smaller scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions.

Main channel means the portion of the stormwater conveyance system that contains the base flow and small frequent storm events.

Maintenance agreement means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

Major facility means any facility or activity classified as such by the regional administrator in conjunction with the board.

Major modification means, for the purposes of this chapter, the modification or amendment of an existing state permit before its expiration that is not a minor modification as defined in this regulation.

Manmade means constructed by man.

Maximum daily discharge limitation means the highest allowable daily discharge.

Maximum extent practicable or MEP means the technology-based discharge standard for municipal separate storm sewer systems established by CWA section 402(p). MEP is achieved, in part, by selecting and implementing effective structural and nonstructural best management practices (BMPs) and rejecting ineffective BMPs and replacing them with effective best management practices (BMPs). MEP is an iterative standard, which evolves over time as urban runoff management knowledge increases. As such, the operator's MS4 program must continually be assessed and modified to incorporate improved programs, control measures, BMPs, etc., to attain compliance with water quality standards.

Minor modification means, for the purposes of this chapter, minor modification or amendment of an existing state permit before its expiration for the reasons listed at 40 CFR 22.63 and as specified in 9VAC25-870-640. Minor modification for the purposes of this chapter also means other modifications and amendments 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.

National Pollutant Discharge Elimination System or NPDES means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing state permits, and imposing and enforcing pretreatment requirements under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.

Natural channel design concepts means the utilization of engineering analysis based on fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its floodplain.

Natural stream means a tidal or non-tidal watercourse that is part of the natural topography. It could maintain a continuous flow, a seasonal flow, or a weather dependent flow during the year and characteristics can include irregular cross-sections, sometimes a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams; however, channels designed utilizing natural channel design concepts may be considered natural streams. This includes perennial, intermittent, ephemeral, and headwater streams.

New source means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1)

After promulgation of standards of performance under section 306 of the CWA that are applicable to such source; or

(2)

After proposal of standards of performance in accordance with section 306 of the CWA that are applicable to such source, but only if the standards are promulgated in accordance with section 306 of the CWA within one hundred twenty (120) days of their proposal.

Nonpoint source pollution means pollution such as sediment, nitrogen, phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffused manner by stormwater runoff.

Off-site facility means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity.

On-site facility means a stormwater management measure located within the subject property boundary described in the permit application for land development activity.

Operator means the owner or operator of any facility or activity subject to the Act and this chapter. 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 (2) 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 state permit or VSMP authority 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).

Overburden means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally occurring surface materials that are not disturbed by mining operations.

Owner means the commonwealth or any of its political subdivisions including, but not limited to, sanitation district commissions and authorities, and any public or private institution, corporation, association, firm or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes or pollutants to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of section 62.1-44.5 of the Code of Virginia, the Act and this chapter.

Peak flow rate means the maximum instantaneous flow from a prescribed design storm at a particular location.

Percent impervious means the impervious area within the site divided by the area of the site multiplied by one hundred (100).

Permit or VSMP authority permit means an approval to conduct a land-disturbing activity issued by the county for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after general permit coverage has been obtained.

Permittee means the person to whom the state permit or VSMP authority permit is issued, including any owner or operator whose construction site is covered under a state construction general permit.

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.

Point of discharge means a location at which concentrated stormwater runoff is released.

Point source means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC section 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(1)

Sewage from vessels; or

(2)

Water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well if the well is used either to facilitate production or for disposal purposes is approved by the board and if the board determines that the injection or disposal will not result in the degradation of ground or surface water resources.

Pollutant discharge means the average amount of a particular pollutant measured in pounds per year or other standard reportable unit as appropriate, delivered by stormwater runoff.

Pollution means such alteration of the physical, chemical or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters, or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution, but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the state water control board, are "pollution" for the terms and purposes of this chapter.

Post development refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site.

Predevelopment refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted to the VSMP authority. Where phased development or plan approval occurs (preliminary grading, demolition of existing structures, roads and utilities, etc.), the existing conditions at the time prior to the first item being submitted shall establish predevelopment conditions.

Prior developed lands means land that has been previously utilized for residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures, and that will have the impervious areas associated with those uses altered during a land-disturbing activity.

Proposed state permit means a state permit prepared after the close of the public comment period (and, when applicable, any public hearing and administrative appeals) that is sent to EPA for review before final issuance. A proposed state permit is not a draft state permit.

Qualified personnel means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity. For VSMP authorities this requires the use of a person who holds a certificate of competency from the board in the area of project inspection for ESC and project inspection for SWM or combined administrator for ESC and combined administrator for SWM as defined in 9VAC25-870-10 or a combination of ESC and SWM qualifications from these two (2) areas.

Recharge means the replenishment of underground water reserves.

Recommencing discharger means a source that recommences discharge after terminating operations.

Redevelopment means the process of developing on land that has been previously developed with impervious structure, and may or may not have been developed with stormwater management consideration.

Regional (watershed-wide) stormwater management facility or regional facility means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development.

Regional (watershed-wide) stormwater management plan or regional plan means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities.

Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870, as amended.

Revoked state permit means, for the purposes of this chapter, an existing state permit that is terminated by the board before its expiration.

Riparian buffer means a natural, unmanaged area of trees, shrubs, grasses, or a combination thereof, that is:

(1)

At least fifty (50) feet in width from the crest stream top;

(2)

Adjacent to wetland areas or state waters (including, but not limited, to perennial, ephemeral, headwater, and intermittent streams);

(3)

Functions to maintain the integrity of stream channels, wetlands, and shorelines; and

(4)

Reduces the effects of upland sources of pollution through the infiltration of runoff and filtering of pollutants. A managed lawn adjacent to state waters does not constitute a riparian buffer. The riparian buffer is measured landward (horizontal distance) from the crest/top of the stream bank on both sides of the stream.

Runoff or stormwater runoff means that portion of precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways.

Runoff characteristics include maximum velocity, peak flow rate, volume, and flow duration.

Runoff coefficient means the fraction of total rainfall that will appear at a conveyance as runoff.

Runoff volume means the volume of water that runs off the site from a prescribed design storm.

Schedule of compliance means a schedule of remedial measures included in a state permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the Act, the CWA and regulations.

Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Significant materials means, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA (42 USC section 9601(14)); any chemical the facility is required to report pursuant to section 313 of Title III of SARA (42 USC section 11023); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

Single jurisdiction means, for the purposes of this chapter, a single county or city. The term county includes incorporated towns which are part of the county.

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.

Site hydrology means the movement of water on, across, through and off the site as determined by parameters including, but not limited to, soil types, soil permeability, vegetative cover, seasonal water tables, slopes, land cover, and impervious cover.

Small construction activity means:

(1)

Construction activities including clearing, grading, and excavating that results in land disturbance of equal to or greater than one (1) acre, and less than five (5) acres. Small construction activity also includes the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. The board may waive the otherwise applicable requirements in a general permit for a stormwater discharge from construction activities that disturb less than five (5) acres where stormwater controls are not needed based on a "total maximum daily load" (TMDL) approved or established by EPA that addresses the pollutant(s) of concern or, for non-impaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutant(s) of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this subdivision, the pollutant(s) of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify to the board that the construction activity will take place, and stormwater discharges will occur, within the drainage area addressed by the TMDL or equivalent analysis.

(2)

Any other construction activity designated by the either the board or the EPA regional administrator, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters.

Source means any building, structure, facility, or installation from which there is or may be a discharge of pollutants.

State means the Commonwealth of Virginia.

State application or application means the standard form or forms, including any additions, revisions, or modifications to the forms, approved by the county.

State permit means an approval to conduct a land-disturbing activity issued by the state in the form of a state stormwater individual permit or coverage issued under a state general permit. Under these state permits, the commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Act and this chapter. state permit does not include any state permit that has not yet been the subject of final board action, such as a draft state permit or a proposed state permit.

State project means any land development project that is undertaken by any state agency, board, commission, authority or any branch of state government, including state-supported institutions of higher learning.

State Water Control Law means Chapter 3.1 (section 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.

Stop work order means an order issued which requires that all construction activity on a site be stopped.

Stormwater means precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater conveyance system means a combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes:

(1)

Manmade stormwater conveyance system means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems;

(2)

Natural stormwater conveyance system means the main channel of a natural stream and the floodprone area adjacent to the main channel; or

(3)

Restored stormwater conveyance system means a stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the floodprone area adjacent to the main channel.

Stormwater discharge associated with construction activity means a discharge of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading, or excavation); construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling); or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.

Stormwater management facility means a control measure that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

Stormwater management plan means a document(s) containing material for describing methods for complying with the requirements of the VSMP or this chapter.

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 the construction site. 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.

Stormwater retrofit means a stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

Stormwater runoff means flow on the surface of the ground, resulting from precipitation.

Subdivision means the same as defined in chapter 16, article I of the Rockingham County Subdivision Ordinance. (P.C. Ord. No. 5-87, (part), 4-22-87; P.C. Ord. No. 04-06, 6-23-04).

Surface waters means:

(1)

All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

(2)

All interstate waters, including interstate wetlands;

(3)

All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

a.

That are or could be used by interstate or foreign travelers for recreational or other purposes;

b.

From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

c.

That are used or could be used for industrial purposes by industries in interstate commerce.

(4)

All impoundments of waters otherwise defined as surface waters under this definition;

(5)

Tributaries of waters identified in subdivisions (1) through (4) of this definition;

(6)

The territorial sea; and

(7)

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subdivisions (1) through (6) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA and the law, are not surface waters. Surface waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other agency, for the purposes of the CWA, the final authority regarding the CWA jurisdiction remains with the EPA.

Total dissolved solids means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136 (2000).

Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations (LAs) 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.

Toxic pollutant means any pollutant listed as toxic under section 307(a)(1) of the CWA or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA.

Virginia Pollutant Discharge Elimination System (VPDES) permit or VPDES permit means a document issued by the state water control board pursuant to the state water control law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge.

Virginia Stormwater BMP 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 and associated regulations and that is jointly created by the department and the Virginia Water Resources Research Center subject to advice to the director from a permanent stakeholder advisory committee.

Virginia Stormwater Management Act means Article 2.3 (section 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Virginia Stormwater Management Handbook means a collection of pertinent information that provides general guidance for compliance with the Act and associated regulations and is developed by the department with advice from a stakeholder advisory committee.

Virginia Stormwater Management Program or VSMP means a program approved by the board after September 13, 2011, that has been established by a VSMP authority 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 the Act and associated regulations, and evaluation consistent with the requirements of the SWM Act and associated regulations.

Virginia Stormwater Management Program authority or VSMP authority means an authority approved by the board after September 13, 2011, to operate a Virginia Stormwater Management Program or, the department of environmental quality. An authority may include a locality; state entity, including the department; federal entity; or, for linear projects subject to annual standards and specifications in accordance with subsection B of section 62.1-44.15:31, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to section 15.2-5102.

Wasteload allocation or wasteload or WLA means the portion of a receiving surface water's loading or assimilative capacity allocated to one (1) of its existing or future point sources of pollution. WLAs are a type of water quality-based effluent limitation.

Water quality standards or WQS means provisions of state or federal law that consist of a designated use or uses for the waters of the commonwealth and water quality criteria for such waters based on such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water, and serve the purposes of the State Water Control Law (section 62.1-44.2 et seq. of the Code of Virginia), the Act (section 62.1-44.15:24 et seq. of the Code of Virginia), and the CWA (33 USC section 1251 et seq.).

Watercourse means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

Watershed means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which the water drains may be considered the single outlet for the watershed.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (subject to fifty-foot riparian buffer requirements).

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity test.

( P.C. Ord. No. 14-05 , 5-14-14)

( P.C. Ord. No. 14-05 , 5-14-14)