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For the purpose of this chapter, the definitions in section 8-6-2 shall apply in this chapter as well as the following definitions:

BEST MANAGEMENT PRACTICES (BMPs): Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the city of St. George and that have been incorporated by reference into this chapter as if fully set out therein. For purposes of this title, the relevant BMPs are more particularly defined in the city of St. George storm water management program and city of St. George “Standard Specifications For Design And Construction.”

CHANNEL: A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.

CITY OF ST. GEORGE: The city of St. George or authorized designee.

CITY STORM WATER FACILITIES: Storm systems that receive runoff from public rights-of-way, natural waterways, and drainage systems identified in a city easement.

COMMON PLAN OF DEVELOPMENT OR SALE: One (1) plan for development or sale, separate parts of which are related by any announcement, piece of documentation (including sign, public notice or hearing, sales pitch, advertisement, drawing, plat, blueprint, contract, zoning request, computer design, etc.), physical demarcation (including contracts) that identify the scope of the project. A plan may still be a common plan of development or sale even if it is taking place in separate stages or phases, is planned in combination with other construction activities, or is implemented by different owners or operators.

CONTAMINANT: Any unnatural, physical, chemical, biological, or radiological substance or matter in water.

DISCHARGE: Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm water facilities.

EASEMENT: An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.

EROSION: The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects (human cause).

EROSION AND SEDIMENT CONTROL PLAN: A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

GRADING PERMIT: A permit issued by the city of St. George to allow grading of a property.

ILLICIT CONNECTIONS: Illegal or unauthorized connections to the municipal separate storm sewer system whether or not such connections result in discharges into that system.

ILLICIT DISCHARGE: Any discharge to the municipal separate storm sewer system that is not composed entirely of storm water and not specifically exempted under 40 CFR section 122.26.

IMMEDIATELY: Requires owner/operator to, on the same day a condition requiring corrective action is found (or as soon afterward as possible considering normal work schedule and task size), take all reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational.

LAND DISTURBING/GRADING ACTIVITY: Any activity on property that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing/grading activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, and excavation.

MAINTENANCE: Any activity that is necessary to keep a storm water facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a storm water facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the storm water facility.

MAINTENANCE AGREEMENT: A document recorded in the Washington County recorder’s office that acts as a property deed restriction, and which provides for long term maintenance of storm water management practices.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The conveyances owned or operated by the municipality for the collection and transportation of storm water, including, but not limited to, the roads, streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT: The provisions of the Federal Clean Water Act for the control of storm water discharges, also a permit issued pursuant to 33 USC section 1342.

NOTICE OF INTENT (NOI): Whenever a contractor disturbs one (1) acre or more of property, or less than one (1) acre if part of a common plan of development, an NOI through the state of Utah must be filed. This is a binding contract between the state of Utah and the contractor stating that the contractor will address storm water and drainage issues on site and downstream throughout the duration of the project until the NOT is filed.

NOTICE OF TERMINATION (NOT): Whenever a contractor completes a project on one (1) acre or more of property. It is the contractor’s responsibility to maintain the storm water and drainage controls until such time as the NOT is filed and accepted by the state of Utah.

NOTICE OF VIOLATION (NOV): Whenever the city of St. George finds that a person is in noncompliance with this chapter, the city of St. George will order compliance by written notice of violation to the responsible person. Requirements in this notice are at the discretion of the city of St. George, and may include monitoring, payment to cover costs relating to the noncompliance, and the implementation of best management practices.

PERSON: Any and all persons including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

PROPERTY OWNER: Landowner of property within the boundary of the city of St. George.

REGISTERED STORM WATER INSPECTOR (RSI): A person who by coursework and registration is knowledgeable in the principles and practices of erosion and sediment control and pollution prevention, who possesses the skills to assess conditions that could impact storm water quality and has skills to assess effectiveness of any storm water controls selected and installed to meet the requirements of the postconstruction maintenance agreement.

RUNOFF: That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate storm water facilities; including, but not limited to: water produced by storms, surface drainage, snow and ice melt, and other water handled by the storm sewer drainage system.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface either above or below sea level.

SEDIMENTATION: Soil particles suspended in storm water that can settle in streambeds and disrupt the natural flow of the stream.

STABILIZATION: Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.

STORM WATER FACILITIES: The drainage structures, conduits, ditches, storm sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of.

STORM WATER MANAGEMENT: The programs to manage quality and quantity of storm water runoff.

STORM WATER MANAGEMENT PROGRAM (SWMP): The city of St. George storm water master program as adopted by the city.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP): All drawings, documents, specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of storm water runoff.

STORM WATER RUNOFF: Flow on the surface of the ground, resulting from precipitation.

STRUCTURAL BMPs: Devices that are constructed or installed to provide control of storm water runoff.

SURFACE WATER: Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes and reservoirs.

UPDES: Utah pollution discharge elimination system.

WATERCOURSE: A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water. (Ord. 2015-11-006, 11-19-2015; amd. Ord. 2019-04-001, 4-4-2019) (Ord. 2019-04-001 § 2, 2019; Ord. 2015-11-006, 2015.)