For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. City of Ashland, Public Services Department employees are responsible for the enforcement of this chapter. The Director of Public Services shall designate those employees for enforcement.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to Kentucky Pollutant Discharge Elimination System (KPDES) Construction Permits and/or City of Ashland Site Development Permit. Currently these include construction projects resulting in land disturbance of one acre or more for the KPDES permit and any land disturbance requires the city permit. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
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.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 52.10.
ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain 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 drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized agent for the city.
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the Commonwealth of Kentucky under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the Commonwealth, whether the permit is applicable on an individual, group, or general area-wide basis. The KPDES permit replaces the National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit in Kentucky.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
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.
POLLUTANT. Anything which causes or contributes to the alteration of the physical, thermal, chemical, or biological quality of or the contamination of any water within the city, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; soap, detergent, degreaser, solvent, emulsifier, or other cleaning substance; non-hazardous liquid and solid wastes and 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, 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.
STORM DRAINAGE SYSTEM. Publicly-owned facilities 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, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORM WATER POLLUTION PREVENTION PLAN. 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 to stormwater, stormwater 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 CITY OF ASHLAND. Groundwater, percolating or otherwise, lakes, ponds, impounded reservoirs, springs, rivers, streams, creeks, wetlands, marshes, and all other bodies of surface water including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the boundary of the city.
(Ord. 168-2005, passed 11-3-05)