BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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"Permittee" means the person or party to whom the permit is issued and shall be the property owner and/or developer of the property including but not limited to any lessee, attorney-in-fact or other person, firm, corporation, partnership, limited liability company, or other legal entity with the right to use and occupy the property. "Person" means an individual, firm, corporation, partnership or other responsible legal entity. "Plasticity" means the property of a soil which allows it to be deformed beyond the point of recovery without cracking or appreciable volume change. "Public utility" means any utility regulated by the State Public Utilities Commission. "Sedimentation" means the deposition of erosional debris -soil sediment displaced by erosion and transported by water from a high elevation to an area of lower gradient where sediments are deposited as a result of slack water. "Soil and water conservation districts" means the legal subdivisions of the State of Hawaii authorized under chapter 180, Hawaii Revised Statutes. "Stockpiling" means the temporary storage of soil, sand, gravel, rock or other similar material in excess of five hundred cubic yards upon any premises for the purpose of using the material as fill material at some future time. Section 10-3. Minimum BMPs. Regardless of whether a permit is required pursuant to this chapter, all grading, grubbing and stockpiling activities shall provide BMPs to the maximum extent practicable to prevent damage by sedimentation to streams, watercourses, undisturbed areas and the property of others. It shall be the permittee's and/or the property owner's and/or contractor's responsibility to ensure that the BMPs are satisfactorily implemented and maintained. (a) Runoff control. On-site runoff shall be managed in such a way so as to control erosion to prevent damage to downstream properties and to return waters to the natural drainage course to the maximum extent practicable. (b) Dust control. All work areas within and without the actual grading area shall be maintained free from fugitive dust which will cause a nuisance or hazard to others in conformance with the air pollution control standards contained in Hawaii Administrative Rules, chapter 11-60, "Air Pollution Control," as may be amended. (c) Vegetation. Whenever feasible, natural vegetation, especially grasses, should be retained. If it is necessary to be removed, trees, timber, plants, shrubbery and other woody vegetation, after being uprooted, displaced or dislodged from the ground by excavation, clearing or grubbing, shall not be stored in or deposited along the banks of any stream, river or natural watercourse. (d) Erosion controls. All disturbed areas subject to erosion shall be addressed with erosion control measures. Erosion control measures may include but are not limited to: staging construction; clearing only areas essential for construction; locating potential non -point pollutant sources away from steep slopes, water bodies, and critical areas; routing construction traffic to avoid existing or newly planted vegetation; protecting natural vegetation with fencing, tree armoring, and retaining walls or tree wells; stockpiling topsoil, covering the stockpile to prevent dust, and reapplying the topsoil; covering or stabilizing all soil stockpiles; using wind erosion control; intercepting runoff above disturbed slopes and conveying it to a safe place to deposit and receive such waters; constructing benches, terraces, or ditches at regular intervals to intercept runoff on long -3-