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<br />associated land that is disturbed outside of this exempted area shall remain subject to this
<br />ordinance; and
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<br />(12) Emergency work to protect life, limb or property, and emergency repairs; provided
<br />that if the land-disturbing activity would have required an approved erosion and sediment
<br />control plan, if the activity were not an emergency, then the land area disturbed shall be
<br />shaped and stabilized in accordance with the requirements of the Plan-approving authority.
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<br />"Land-disturbing Permit" means a permit issued by the City for the clearing, filling,
<br />excavating, grading, transporting ofland or for any combination thereof or for any purpose set forth
<br />herein.
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<br />"Local erosion and sediment control program" or "local control program" means an outline of
<br />the various methods employed by the City to regulate land-disturbing activities and thereby minimize
<br />erosion and sedimentation in compliance with the state program and may include such items as local
<br />ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation.
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<br />"Owner" means the owner or owners ofthe freehold ofthe premises or lesser estate therein, a
<br />mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other
<br />person, firm or corporation in control of a property.
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<br />"Permittee" means the person to whom the permit authorizing land-disturbing activities is
<br />issued or the person who certifies that the approved erosion and sediment control plan will be
<br />followed.
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<br />"Person" means any individual, partnership, firm, association, joint venture, public or private
<br />corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
<br />county, city, town or other political subdivision of the commonwealth, any interstate body, or any
<br />other legal entity.
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<br />"Plan-approving authority" means the Department of Public UtilitiesIPublic Works, through
<br />the Stormwater Administrator or their designee, responsible for determining the adequacy of a plan
<br />submitted for land-disturbing activities on a unit or units of lands and for approving plans.
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<br />"Program authority" means the City of Portsmouth, which has adopted a soil erosion and
<br />sediment control program approved by the Board.
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<br />"Responsible Land Disturber" means an individual from the project or development team,
<br />who will be in charge of and responsible for carrying out a land-disturbing activity covered by an
<br />approved plan or agreement in lieu of a plan, who (i) holds a Responsible Land Disturber certificate
<br />of competence, (ii) holds a current certificate of competence from the Board in the areas of
<br />Combined Administration, Program Administration, Inspection, or Plan Review, (iii) holds a current
<br />Contractor certificate of competence for erosion and sediment control, or (iv) is licensed in Virginia
<br />as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article
<br />1 of Chapter 4 of Title 54.1 of the Code of Virginia.
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