§ 74-37. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

(1)

Approved plan means an erosion and sedimentation control plan approved in writing by the City of Atlanta or the Fulton or DeKalb Soil and Water Conservation District.

(2)

Best management practices (BMPs) means a collection of sound conservation and engineering practices, and vegetative measures to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia.

(3)

Board means the Georgia Board of Natural Resources.

(4)

Certified personnel or certified person means a person who holds current certification issued by the Georgia Soil and Water Conservation Commission (GSWCC) for completion of appropriate courses as determined by the Commission.

(5)

City means the City of Atlanta, which is a local issuing authority as defined herein.

(6)

Commission means the Georgia Soil and Water Conservation Commission (GSWCC).

(7)

Commissioner means the Commissioner of the Department of Watershed Management, or a designee.

(7.5)

CPESC means a Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

(8)

Cut means a portion or area of land surface from which earth has been removed or will be removed by excavation (i.e. the volume between the original ground surface and the excavated surface), and also known as excavation.

(9)

Department means the Department of Watershed Management, or its successor agency.

(10)

Design professional means a professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

(11)

Director means the Director of the Environmental Protection Division of the Department of Natural Resources.

(12)

District means the Fulton or DeKalb Soil and Water Conservation District.

(13)

Disturbed area means the total area on which land-disturbing activities are to take place.

(14)

Division means the Environmental Protection Division of the Department of Natural Resources.

(15)

Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

(16)

Erosion means the process by which land surface is worn away by the action of wind, water, ice, or gravity.

(17)

Erosion and sedimentation control plan means a plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan."

(18)

Fill means a portion or area of land surface to which soil or other solid material has been or will be added (i.e. the volume above the original ground).

(19)

Final stabilization means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in pennanent vegetation with a density of 70% or greater, or landscaped according to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

(20)

Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

(21)

Late-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including. but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described in section 74-38(e).

(22)

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

(23)

Local issuing authority means the City of Atlanta acting through its Department of Watershed Management, which has been certified by the Director of the Environmental Protection Division of the Department of Natural Resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended, O.C.G.A. § 12-7-1 et seq. and the rules for erosion and sediment control issued by the division set out in Ga. Comp. R. & Regs. 391-3-7-.09.

(24)

Manual for Erosion and Sediment Control in Georgia means the guide published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, and amendments to the manual approved by the Commission., as specified in O.C.G.A. § 12-7-6(b), adopted by reference in section 74-40(a) of the Atlanta City Code, and commonly referred to as the "Green Book." The Manual for Erosion and Sediment Control in Georgia is currently available from the Georgia Soil and Water Conservation Commission (http://www.gaswcc.org).

(25)

Metropolitan River Protection Act (MRPA) means a state law, O.C.G.A. § 12-5-440 et seq., referenced in Article VII Chapter 74 section 314(b) of the Atlanta City Code, which addresses environmental and development-related matters in certain metropolitan river corridors and their drainage basins.

(26)

Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

(27)

Notice or official notice means a written communication by the city to the owner, operator, or person conducting land-disturbing activity, including a notice to comply pursuant to section 74-42(d), a stop work order pursuant to sections 74-42(b), 74-42(c), 74-42(e), or 74-42(f), or a fine pursuant to section 74-42(g). Notice shall be deemed official when it meets one of the following requirements:

(1)

Communicated in writing to the owner or operator via U.S. mail;

(2)

Hand-delivered to the owner, operator, or person conducting land-disturbing activity; or

(3)

Posted in a conspicuous location on the site.

(28)

Notice of intent (N0I) means a notification filed with the state to obtain coverage under the NPDES State General Permit for stormwater discharges from a construction site.

(29)

Notice of termination (NOT) means a notification filed with the state to terminate coverage under the NPDES State General Permit for stormwater discharges from a construction site.

(30)

Operator means the party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of' those activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions.

(31)

Original ground surface means the existing ground surface before any grading, excavation, or filling.

(32)

Owner or property owner means any person having individual or joint or common title to property in any form defined by the laws of the State of Georgia as an estate or interest, whether legal or equitable and however acquired, in real property.

(33)

Permanent vegetation means planted trees, shrubs. grasses, perennial vines, a crop of perennial vegetation appropriate for the Atlanta region and planted at the appropriate time of year, or a crop of annual vegetation and a seeding of perennial vegetation appropriate for the Atlanta region.

(34)

Permit or land-disturbing activity permit (or LDA permit) means the authorization necessary to conduct a land-disturbing activity under the provisions of this article. Such authorization shall be deemed included in the building permit issued pursuant to Appendix A, section 103.1 of the City of Atlanta Land Development Code. If a building permit is not required, such authorization may be provided by a department-approved plan and subject to any required fees, bonds, or NOIs.

(35)

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

(36)

Project means the entire proposed development regardless of the size of the area of land to be disturbed.

(37)

Properly designed means designed in accordance with the hydraulic design specifications or BMP design requirements contained in the Manual for Erosion and Sediment Control in Georgia (Green Book).

(38)

Riparian buffer means the area of land lying adjacent to a wetland or stream in which development is prohibited or limited as more particularly set out in Article VII Chapter 74 section 303 of the Atlanta City Code, or applicable state or federal law.

(39)

Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

(40)

Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.

(41)

Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

(42)

Site means the real property on which land-disturbing activities occur regardless of the size of the disturbed area.

(43)

Stabilization or stabilize means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

(44)

State General Permit or National Pollutant Discharge Elimination System (NPDES) permit means the authorization for the discharge of stormwater runoff from construction activities. This term shall mean the NPDES permit currently in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., and O.C.G.A. § 12-5-30(f).

(45)

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

(46)

State water buffer means the area of land immediately adjacent to a state waters or trout stream as more particularly set out in section 74-43(c)(15) and 74-43(c)(16).

(47)

Structure means that which is built, placed, or constructed, as more particularly set out in Part 8, Chapter 2, Article B section 8-2083 of the City of Atlanta Land Development Code. The term "structure" includes impervious surfaces as defined by Article VII Chapter 74 section 74-302(15) of the Atlanta City Code, temporary buildings or appurtenances, and pipes or utility lines.

(48)

Structural erosion and sedimentation control practices means methods for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the Manual for Erosion and Sediment Control in Georgia.

(49)

Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

(50)

Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment-producing areas by covering the soil using one or more of the following measures found in the Manual for Erosion and Sediment Control in Georgia:

a.

Permanent seeding, sprigging or planting, producing long-term vegetative cover; or

b.

Temporary seeding, producing short-term vegetative cover; or

c.

Sodding, covering areas with a turf of perennial sod-forming grass.

(51)

Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed, and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

(52)

Wetlands means those areas, delineated in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 as amended, that under normal conditions contain hydric soils, hydrophytic vegetation, and hydrologic conditions reflecting temporary or permanent inundation or saturation by surface or ground water. Wetlands generally include swamps, marshes, bogs, and similar areas and typically support a prevalence of vegetation adapted for life in saturated soil conditions.

(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 2010-43(10-O-0808), § 3, 7-27-10; Ord. No. 2016-48(16-O-1642) , §§ 1—4, 12-14-16)