For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICES (BMPS). Structural or non-structural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. Traditional structural BMPs, including extended detention dry ponds, wet ponds, infiltration trenches and sand filtration systems, are now common elements of most new development projects. Structural BMPs rely heavily on gravitational settling and/or the infiltration of soluble nutrients through a porous medium for pollutant removal. Non-structural BMPs, which may be used independently or in conjunction with structural BMPs, rely on a much wider breadth of mechanisms to prevent or control NPS pollution. Non-structural BMPs range from programs that increase public awareness to prevent pollution, to the implementation of control-oriented techniques (such as bioretention and storm water wetlands) that utilize vegetation to enhance pollutant removal and restore the infiltrative capacity of the landscape.
CLEAN WATER ACT (CWA). The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), any subsequent amendments thereto; and all rules and regulations promulgated pursuant to said Act.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more, as defined in 327 I.A.C. 15-5-1:12 (Rule 5). Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
FACILITY. Any facility, including construction sites, required by the Federal Clean Water Act, being U.S.C. §§ 1251 et seq., to have a permit to discharge storm water associated with industrial activity.
UTILITY SUPERVISOR AND/OR THE TOWN’S DESIGNEES. The town’s Utility Supervisor and/or the Town Council’s designee(s) designated to enforce and administer this subchapter.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS. Either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater and wash water to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the town’s Utility Supervisor and/or the Town Council’s designee(s); or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps or equivalent records and approved by the town’s Utility Supervisor and/or the Town Council’s designee(s).
ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge to the storm drainage system, except as exempted in § 152.05 of this chapter.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined by 327 I.A.C. 15-6-1:12 (Rule 6).
MAXIMUM EXTENT PRACTICABLE (MEP). The statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The CWA requires that NPDES permits for discharges from MS4s “shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods.” This standard applies to all MS4s regulated under the Phase I and Phase II (Rule 13) storm water rules. Compliance with the conditions of Rule 13 and the series of steps associated with implementation of the required six minimum control measures will satisfy the MEP standard. Compliance with the six minimum control measures requires the development and implementation of BMPs. Implementation of the BMPs includes not only the actions necessary to initiate and continue the use of specific control measures, but also the enforcement actions, as applicable, to ensure that the implementation of the control measures occurs.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains), which are owned or operated by a state, town, county, tribe, district, association or other public body or a designated and approved management agency under § 208 of the Clean Water Act, being 33 U.S.C. §§ 1288 that discharges into waters of the United States (40 C.F.R. § 122.26(b)(8)).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the state’s Department of Environmental Management (IDEM) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, a group or on a general area-wide basis.
NON-STORM WATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of storm water.
NOTICE OF INTENT (NOP). A written notification indicating a person’s intention to comply with the terms of a specified general permit rule in lieu of applying for an individual NPDES permit and includes information as required under 327 I.A.C. 15-3 and the applicable general permit rule.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
PERMIT HOLDER. Any person, partnership, corporation or landowner who holds, or has been issued an NPDES storm water discharge permit.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids, non-hazardous liquid, solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordinances and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, gray water, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
RECEIVING WATERS. Rivers, streams, lakes or any body of water into which wastewater is discharged.
STORM DRAINAGE SYSTEM. Any publicly-owned or regulated drainage system within the jurisdiction of the permit holder by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
STORM WATER CONVEYANCE SYSTEMS. All storm sewer pipes, ditches, catch basins and other structures, including retention and detention facilities.
STORM WATER. Water resulting from rain, melting or melted snow, hail or sleet.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges into storm water conveyance systems and/or receiving waters to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERS OF THE UNITED STATES. A term used in federal regulations that defines all water bodies regulated as waters of the United States. It includes:
(1) All waters which may be susceptible to use in interstate or foreign commerce;
(2) All interstate waters, including interstate wetlands;
(3) All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters;
(4) All impoundments of waters otherwise defined as waters of the United States;
(5) Tributaries of waters identified in this section;
(6) The territorial seas; and
(7) Wetlands adjacent to waters.
WATERCOURSE. A conduit through which water flows, a natural body of running water flowing on or under the earth or a natural or artificial channel through which water flows.
(Ord. 2005-12, passed 11-21-2005)