§ 36-3. Definitions.

(a)

For the purpose of this chapter, definitions contained in S.C. Code Regs. 61-9.122.2 and 72-301 are incorporated herein by reference. Where the same words are defined in both the aforementioned regulations, but are not the same, the definitions contained in S.C. Code Reg. 61-9.122.2 will be used for the purposes of this chapter.

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Best management practices means stormwater management practices that have been demonstrated to effectively control movement of pollutants, prevent degradation of soil and water resources and that are compatible with the planned land use.

Clean water act means the Federal Water Pollution Control Act, as amended, codified at 33 USC 1251 et seq.

Concept plan means a preliminary version of the stormwater plan, illustrating the general intent of the proposed development including, but not limited to, the layout of physical improvements, existing site conditions, layout of all stormwater management facilities, location and description of planned BMPs, and phasing plan (if planned).

County means Dorchester County, South Carolina.

County council means the elected officials of the county.

County stormwater system means the conveyance or system of conveyances (including roads with drainage systems, highways, right-of-way, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, storm drains, detention ponds, and other stormwater facilities) which is:

(1)

Owned or operated by the county;

(2)

Designed or used for collecting or conveying stormwater;

(3)

Not a combined sewer system; and

(4)

Not part of a publicly owned treatment works (POTW).

Critical urbanized area means that land within the county and designated as an urbanized area having a small municipal separate storm sewer system (MS4) and having a geographical boundary as defined by the most current NPDES phase II regulations.

Development or develop land means any of the following actions undertaken by any person, including, without limitation, any public or private individual or entity:

(1)

Division of a lot, tract, or parcels or other divisions by plat or deed with the intent of construction of a residential or commercial structure.

(2)

The construction, installation, or alteration of a structure, impervious surface or drainage facility.

(3)

Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation, mud, sand or rock of a site.

(4)

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.

Director of public works (director) means the county director of public works or any duly authorized representatives.

Disconnected impervious areas or disconnected impervious surfaces means those impervious areas or impervious surfaces which produce stormwater runoff that discharges through or across a nonimpervious area or surface (i.e., vegetated cover), of sufficient width to reduce or eliminate pollutants associated with stormwater runoff, prior to discharge to the stormwater system.

Environment means the complex of physical, chemical, and biotic factors that act upon an ecological community and ultimately determine its form and survival.

Illicit connection means a connection to the county stormwater system which results in a discharge that is not composed entirely of stormwater runoff except discharges pursuant to an NPDES permit.

Illicit discharge means any activity which results in a discharge to the county stormwater system or receiving waters that is not composed entirely of stormwater except:

(1)

Discharge pursuant to an NPDES permit; and

(2)

Other allowable discharges as defined in this section.

Impervious coverage or impervious surface means those surfaces that cannot effectively infiltrate rainfall (i.e., building rooftops, pavements, sidewalks, driveways, etc.), and that is not constructed using pervious pavement technology.

Improper disposal means any disposal other than through an illicit connection that result in an illicit discharge, including, but not limited to, the disposal of used oil and toxic materials resulting from the improper management of such substances.

Industry or enterprise means an organization created for business venture.

Land disturbance means the use of land by any person that results in a change in the natural vegetated cover or topography, including clearing that may contribute to or alters the quantity and/or quality of stormwater runoff.

Land disturbing activity means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff.

Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article and to prevent structural failure of such facilities.

Major subdivision means a subdivision of greater than ten lots as defined in current county ordinances.

Major violation means any action (knowingly or otherwise) that creates or has the potential to create an adverse impact due to flooding or water quality impairment to more than one property, as a result of nonconformance with this chapter.

Minor subdivision means a subdivision of ten lots or less as defined in current county ordinances.

Minor violation means any action (knowingly or otherwise) that creates or has the potential to create an adverse impact due to flooding or water quality impairment to an adjacent property or the property owner's own facilities, as a result of nonconformance with this chapter.

Modeling plan means a submittal of documents, calculations, data, and results demonstrating the attainment of a specified water quality performance standard. The submittal shall include the following, but not necessarily be limited to:

(1)

An explanation of the analysis approach;

(2)

Identification of pollutants or indicators and relationships thereof;

(3)

Description of model methodology;

(4)

Expected range of accuracy in result prediction; and

(5)

Sources of all data to be used for modeling.

MS4 means municipal separate storm sewer system.

Natural resources means land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the federal, state or local government, any foreign government, any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.

NPDES means National Pollutant Discharge Elimination System (see "Clean Water Act").

NPDES permit means the NPDES permit for stormwater discharges issued pursuant to the Clean Water Act and the Federal Stormwater Discharge Regulations (40 CFR 122.26).

Outfall means the point where the county stormwater system discharges to waters of the United States.

Person means any and all persons, natural or artificial and includes any individual, association, firm, corporation, business trust, estate, trust, partnership, two or more persons having a joint or common interest, state or federal or an agent or employee thereof, or any other legal entity.

Pollutant means those manmade or naturally occurring constituents that when introduced to a specific environment creates undesirable effect. Typical pollutants found in stormwater include, but are not limited to:

(1)

Sediment (suspended and dissolved);

(2)

Nutrients (nitrogen and phosphorus);

(3)

Oxygen demanding organic matter;

(4)

Heavy metals (iron, lead, manganese, etc.);

(5)

Bacteria and other pathogens;

(6)

Oil and grease;

(7)

Household hazardous waste (insecticide, pesticide, solvents, paints, etc.); and

(8)

Polycyclic Aromatic Hydrocarbons (PAHs).

Property owner or owner means the legal or beneficial owner of land, including, but not limited to:

(1)

A mortgagee or vendee in possession;

(2)

Receiver;

(3)

Executor;

(4)

Trustee, or long-term or commercial lessee; or

(5)

Any other person or entity holding proprietary rights in the property or having legal power of management and control of the property.

Receiving waters means all natural water bodies, including oceans, salt and freshwater marsh areas, lakes, rivers, streams, ponds, wetlands, and groundwater which are located within the jurisdictional boundaries of the county. Stormwater management ponds, wetlands, ditches, and swales constructed for the sole purpose of controlling and treating stormwater are excluded.

Regulation means any regulation, rule or requirement prepared by the county, and adopted by the county council pursuant to this chapter.

Riparian areas means vegetated ecosystems along a waterbody through which energy, materials, and water pass. Riparian areas characteristically have a high water table and are subject to periodic flooding and influence from the adjacent waterbody. These systems encompass wetlands, uplands, or some combination of these two land forms. They will not in all cases have all of the characteristics necessary for them to be classified as wetlands.

Stormwater means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this chapter and its terms, including, but not limited to, measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.

Stormwater management facilities means the conveyance or system of conveyances (including roads with drainage systems, highways, rights-of-way, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, storm drains, detention ponds, and other stormwater facilities) which is:

(1)

Designed or used for collecting or conveying stormwater;

(2)

Not a combined sewer system; and

(3)

Not part of a publicly owned treatment works (POTW).

Stormwater management plan or SWMP means the set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts, and techniques for the control of stormwater and which is incorporated as part of the NPDES permit for the county and as part of this chapter.

Total impervious coverage means all impervious coverage or impervious surfaces on a site regardless if it is directly connected to each other, and that is not constructed using pervious pavement technology.

Unincorporated areas means the areas of the county that have not been incorporated as a single governing body separate from that of the county.

Variance means the modification of the minimum stormwater management requirements contained in this article and the stormwater management program for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.

Water quality means those characteristics of stormwater runoff that relate to the physical, chemical, biological, or radiological integrity of water.

Water quantity means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.

Wetlands means those areas that are inundated or saturated by surface water 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 type areas.

Working day means Monday through Friday, excluding all county-observed holidays.

(Ord. No. 07-21, § 1.8, app. 1, 8-20-2007)