Definitions for grading and erosion rules

Wherever used in this chapter the following words shall have the meaning indicated: "Best management practices (BMPs)" means activities, practices, facilities, and/or procedures that, when implemented, pursuant to administrative rules adopted by the director, will to the maximum extent practicable prevent pollutants, including sediment and other contaminants, in discharges from a construction site. Bmps may include a schedule of activities, the prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. Bmps also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage. "Coastal dune" means one of possibly several continuous or nearly continuous mounds or ridges of unconsolidated sand contiguous and parallel to the beach, situated so that it may be accessible to storm waves and seasonal high waves for release to the beach or offshore waters. "Coastal scientist" means a professional with a master of science degree or doctorate in geology, geography or other appropriate physical science relating to coastal processes. "Conservation program" means a document submitted by a landowner or land user, containing information for the conservation of soil, water, vegetation and other applicable natural resources for an area of land currently being implemented and maintained, or on-site evidence of such a conservation program currently being implemented and maintained. "Director" means the director of public works, County of Maui, or the director's duly authorized representative. "Engineer" means a professional civil engineer licensed in the State of Hawaii. "Engineering slope hazard report" means a report on the application of engineering and geologic knowledge and principles in the investigation and evaluation of hazards posed by potential earth movement, prepared by an engineer. "Engineer's soils report" means a report on soils conditions prepared by an engineer. "Erosion" means the wearing away of the ground surface as a result of action by wind and/or water. "Exposure control area" means the area of land undergoing grubbing or grading operations where the removal of vegetation is controlled to help prevent erosion and excessive runoff until control measures are established. "Excavation, cut or borrow" means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, uncovered, removed, displayed, relocated, or bulldozed. "Fill" means any act by which soil, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported, or moved to a new location. "Frontal dune" means the first dune encountered mauka of the beach. "Grading" means the temporary storage of soil, sand, gravel, rock, or any similar material and excavation or fill or any combination thereof. "Grubbing" means any act by which vegetation, including trees, timber, shrubbery and plants, is uprooted and removed from the surface of the ground. "Land surveyor" means a person duly licensed as a professional land surveyor in the State of Hawaii. "Maximum extent practicable" or "MEP" means economically achievable measures for the control of the addition of pollutants from nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives. "Overburden" means material overlaying useful geological material. "Permittee" means the person or party to whom the permit is issued and shall include but not be limited to the property owner, his lessee, developer, agent, or attorney in fact. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation. "Sand" means particles of mineralogic or rock material ranging in diameter from 0.062 mm to 4 mm that shall be substantially clean of rubble and debris; shall contain no more than 15 percent volume of silt and clay size material; and shall not consist of artificially crushed coral. Additional provisions on quality may be required by the SMA review process. "Sediment" means air or water borne soil particles, graded or undefined, occurring by erosive action. "Sedimentation" means 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. "Shoreline area" means "shoreline area" as defined in chapter 205-A, Hawaiʻi Revised Statutes, and shall include all of the land area between the shoreline and the shoreline setback line. "Soil" means as set forth in the soil survey of the islands of Kauai, Oahu, Maui, Molokai and Lanai, State of Hawaii, printed by the United States Department of Agriculture, soil conservation service, in cooperation with the university of Hawaii agricultural experiment station issued August, 1972, which sets forth different categories of soil within the State of Hawaii. "Stockpiling" means the open storage of earth materials upon any premises exposed to wind and/or water and not inside a building. ( Ord. No. 4937 , § 2, 2018; Ord. No. 3895, § 2, 2011; Ord. 3135 §§ 2—4, 2003; Ord. 2684 § 2, 1998: Ord. 816 § 1 (part) 1975: prior code § 24-1.2)