Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part I - Definitions and Applicability for Virginia Erosion and Stormwater Management Programs and Virginia Erosion and Sediment Control Programs › Section 9VAC25-875-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
"10-year storm" means a storm that is capable of producing
					 rainfall expected to be equaled or exceeded on the average of once in 10 years.
					 It may also be expressed as an exceedance probability with a 10% chance of
					 being equaled or exceeded in any given year.
"Adequate channel" means a channel that will convey the
					 designated frequency storm event, neither overtopping the channel bank nor
					 causing erosive damage to the channel bed or banks.
"Agreement in lieu of a plan" means a contract between the
					 VESMP authority or the department acting as a VSMP authority and the owner or
					 permittee that specifies methods that shall be implemented to comply with the
					 requirements of VESMA for the construction of a (i) single-family detached
					 residential structure or (ii) 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 5.0%; such
					 contract may be executed by the VESMP authority in lieu of a soil erosion
					 control and stormwater management plan or by the department acting as a VSMP
					 authority in lieu of a stormwater management plan.
"Applicant" means a person submitting a soil erosion
					 control and stormwater management plan to a VESMP authority, or a stormwater
					 management plan to the department when it is serving as a VSMP authority, for
					 approval in order to obtain authorization to commence a land-disturbing
					 activity.
"Best management practice" or "BMP" means schedules of
					 activities, prohibitions of practices, maintenance procedures, and other
					 management practices, including both structural and nonstructural practices, to
					 prevent or reduce the pollution of surface waters and groundwater
					 systems.
1. "Nonproprietary best
				  management practice" means both structural and nonstructural practices to
				  prevent or reduce the pollution of surface waters and groundwater systems that
				  are in the public domain and are not protected by trademark or patent or
				  copyright.
2. "Proprietary best
				  management practice" means both structural and nonstructural practices to
				  prevent or reduce the pollution of surface waters and groundwater systems that
				  are privately owned and controlled and may be protected by trademark or patent
				  or copyright.
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Causeway" means a temporary structural span constructed
					 across a flowing watercourse or wetland to allow construction traffic to access
					 the area without causing erosion damage.
"Certification" means the 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
					 9VAC25-875-410 related to the
					 specified classifications (9VAC25-875-400) within
					 the separate subject areas of ESC or SWM or both.
"Certified inspector" means an employee or agent of a
					 VESCP, VESMP, or VSMP authority who (i) holds a certification from the
					 department in the area of project inspection or (ii) is enrolled in the
					 department's training program for project inspection and successfully completes
					 such program within one year after enrollment.
"Certified plan reviewer" means an employee or agent of a
					 VESCP, VESMP, or VSMP authority who (i) holds a certification from the
					 department in the area of plan review; (ii) is enrolled in the department's
					 training program for plan review and successfully completes such program within
					 one year after enrollment; or (iii) is licensed as a professional engineer,
					 architect, landscape architect, land surveyor pursuant to Article 1 (§
										54.1-400 et seq.) of Chapter 4
					 of Title 54.1 of the Code of Virginia, or professional soil scientist as
					 defined in §
										54.1-2200 of the Code of
					 Virginia.
"Certified program administrator" means an employee or
					 agent of a VESCP, VESMP, or VSMP authority who holds a certification from the
					 department in the classification of program administrator.
"Channel" means a natural stream or manmade
					 waterway.
"Chesapeake Bay Preservation Act" means Article 2.5 (§
										62.1-44.15:67 et seq.) of
					 Chapter 3.1 of Title 62.1 of the Code of Virginia.
"Chesapeake Bay Preservation Area" means any land
					 designated by a local government pursuant to Part III (9VAC25-830-70 et seq.) of the
					 Chesapeake Bay Preservation Area Designation and Management Regulations and
					 §
										62.1-44.15:74 of the Code of
					 Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource
					 Protection Area and a Resource Management Area as defined in the Chesapeake Bay
					 Preservation Area Designation and Management Regulations (9VAC25-830).
"Classification" means the four specific certification
					 designations assigned to the roles of program administrator, plan reviewer,
					 inspector, and combined administrator within the areas of ESC, SWM, or both ESC
					 and SWM for a dual classification.
"Clean Water Act" or "CWA" means the federal Clean Water
					 Act (33 USC §
											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.
"Cofferdam" means a watertight temporary structure in a
					 river, lake, or other body of water for keeping the water from an enclosed area
					 that has been pumped dry so that bridge foundations, dams, or other submerged
					 structural pieces may be constructed.
"Combined administrator for ESC" means anyone who is
					 responsible for performing the combined duties of a program administrator, plan
					 reviewer, and inspector of a VESCP authority or the ESC component of a VESMP
					 authority.
"Combined administrator for SWM" means anyone who is
					 responsible for performing the combined duties of a program administrator, plan
					 reviewer, and inspector of a VSMP authority or the SWM component of a VESMP
					 authority.
"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.
"Comprehensive stormwater management plan" means a plan,
					 which may be integrated with other land use plans or regulations, that
					 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.
"Construction activity" means any clearing, grading, or
					 excavation associated with large construction activity or associated with small
					 construction activity.
"Control measure" means any BMP, stormwater facility, or
					 other method used to minimize the discharge of pollutants to state
					 waters.
"Controversial permit" means a water permitting action for
					 which a public hearing has been granted pursuant to
					 9VAC25-875-1120 and
					 9VAC25-875-1130.
"CWA and regulations" means the Clean Water Act and
					 applicable regulations published in the Code of Federal Regulations promulgated
					 thereunder. For the purposes of this chapter, it includes state program
					 requirements.
"Dam" means a barrier to confine or raise water for storage
					 or diversion, to create a hydraulic head, to prevent gully erosion, or to
					 retain soil, rock, or other debris.
"Denuded" means a term applied to land that has been
					 physically disturbed and no longer supports vegetative cover.
"Department" means the Department of Environmental
					 Quality.
"Dike" means an earthen embankment constructed to confine
					 or control water, especially one built along the banks of a river to prevent
					 overflow of lowlands; levee.
"Director" means the Director of the Department of
					 Environmental Quality or the director's 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 that 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.
"District" or "soil and water conservation district" means
					 a political subdivision of the Commonwealth organized in accordance with the
					 provisions of Article 3 (§
											10.1-506 et seq.) of Chapter 5
					 of Title 10.1 of the Code of Virginia.
"Diversion" means a channel with a supporting ridge on the
					 lower side constructed across or at the bottom of a slope for the purpose of
					 intercepting surface runoff.
"Dormant" means denuded land that is not actively being
					 brought to a desired grade or condition.
"Drainage area" means a land area, water area, or both from
					 which runoff flows to a common point.
"Dual combined administrator for ESC and SWM" means anyone
					 who is responsible for performing the combined duties of a program
					 administrator, plan reviewer, and inspector of a VESMP authority.
"Energy dissipator" means a nonerodible structure that
					 reduces the velocity of concentrated flow to reduce its erosive effects.
"Environmental Protection Agency" or "EPA" means the U.S.
					 Environmental Protection Agency.
"Erosion and sediment control plan" means 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.
"Erosion and Sediment Control Law for Localities Not
					 Administering a Virginia Erosion and Stormwater Management Program" or "ESCL"
					 means Article 2.4 (§
											62.1-44.15:51 et seq.) of
					 Chapter 3.1 of Title 62.1 of the Code of Virginia.
"Erosion impact area" means an area of land that is not
					 associated with a current land-disturbing activity but is subject to persistent
					 soil erosion resulting in the delivery of sediment onto neighboring properties
					 or into state waters. This definition shall not apply to any lot or parcel of
					 land of 10,000 square feet or less used for residential purposes or to
					 shorelines where the erosion results from wave action or other coastal
					 processes.
"ESC" means erosion and sediment control.
"Farm building or structure" means the same as that term is
					 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.
"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 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 the
					 floodplain designated by the Federal Emergency Management Agency.
"Flood-prone area" means the component of a natural or
					 restored stormwater conveyance system that is outside the main channel.
					 Flood-prone areas may include 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 foot.
					 This includes the floodway designated by the Federal Emergency Management
					 Agency.
"Flume" means a constructed device lined with
					 erosion-resistant materials intended to convey water on steep grades.
"General permit" means a permit authorizing a category of
					 discharges under the CWA and the VESMA within a geographical area.
"Hydrologic Unit Code" or "HUC" means a watershed unit
					 established in the most recent version of Virginia's 6th Order National
					 Watershed Boundary Dataset unless specifically identified as another
					 order.
"Impervious cover" means a surface composed of material
					 that significantly impedes or prevents natural infiltration of water into
					 soil.
"Incorporated place" means a city, town, township, or
					 village that is incorporated under the Code of Virginia.
"Inspection" means an onsite review of the project's
					 compliance with any applicable design criteria, or an onsite review to obtain
					 information or conduct surveys or investigations necessary in the
					 implementation or enforcement of the VESMA, ESCL, and applicable
					 regulations.
"Inspector" means the individual who, as a representative
					 of a VESCP authority, a VESMP authority, or a VSMP authority, is responsible
					 for periodically examining the ESC, SWM, or both ESC and SWM activities and
					 premises of a land-disturbing activity for compliance with the ESCL VESMA, and
					 associated regulations as may be applicable.
"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 may result in soil erosion or has the
					 potential to change its runoff characteristics, including construction activity
					 such as the clearing, grading, excavating, or filling of land.
"Land-disturbance approval" means an approval allowing a
					 land-disturbing activity to commence issued by (i) a VESMP or VSMP authority
					 after the requirements of §
											62.1-44.15:34 of the Code of
					 Virginia have been met or (ii) a VESCP authority after the requirements of
					 §
											62.1-44.15:55 of the Code of
					 Virginia have been met.
"Large construction activity" means construction activity,
					 including clearing, grading, and excavation, except operations that result in
					 the disturbance of less than five acres of total land area. "Large construction
					 activity" also includes the disturbance of less than five 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 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.
"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.
"Live watercourse" means a definite channel with bed and
					 banks within which concentrated water flows continuously.
"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.
"Major modification" means the modification or amendment of
					 an existing MS4 individual permit before its expiration that is not a minor
					 modification as defined in this chapter.
"Manmade" means constructed by man.
"Minimize" means to reduce or eliminate the discharge of
					 pollutants to the extent achievable using stormwater controls that are
					 technologically available and economically practicable.
"Minor modification" means, for the purposes of this
					 chapter, minor modification or amendment of an existing permit before its
					 expiration for the reasons listed at
					 40 CFR
					 122.63 and as specified in
					 9VAC25-875-1240. "Minor
					 modification" for the purposes of this chapter also means other modifications
					 and amendments not requiring extensive review and evaluation, including 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 permit modification or
					 amendment does not substantially alter 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 the
					 same as the term "municipal separate storm sewer" is defined in §
											62.1-44.3 of the Code of
					 Virginia.
"Municipal Separate Storm Sewer System Management Program"
					 or "MS4 Program" means a management program covering the duration of a permit
					 for a MS4 that includes a comprehensive planning process that involves public
					 participation and intergovernmental coordination to reduce the discharge of
					 pollutants to the maximum extent practicable, to protect water quality, and to
					 satisfy the appropriate water quality requirements of the CWA and regulations
					 and the VESMA and its attendant regulations, using management practices,
					 control techniques, and system, design, and engineering methods, and such other
					 provisions that are appropriate.
"Natural channel design concepts" means the utilization of
					 engineering analysis and 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 bankfull bench and its floodplain.
"Natural stream" means a tidal or nontidal watercourse that
					 is part of the natural topography. It usually maintains a continuous or
					 seasonal flow during the year and is characterized as being irregular in
					 cross-section with 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.
"Nonerodible" means a material, for example, riprap,
					 concrete, or plastic, that will not experience surface wear due to natural
					 forces.
"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
					 diffuse manner by stormwater.
"Operator" means the owner or operator of any facility or
					 activity subject to the VESMA 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 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 permit or VESMP authority permit conditions (i.e., the person is
				  authorized to direct workers at a site to carry out activities required by the
				  stormwater pollution prevention plan or comply with other permit conditions).
				  In the context of stormwater discharges from an MS4, "operator" means the
				  operator of the regulated MS4 system.