For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. The City of Barberton is the authorized enforcement agency and shall enforce this chapter. The Barberton City Departments of Building, Engineering, Fire, Utilities and Storm Water shall assist in the implementation and enforcement of the chapter. The city may request assistance from the County Health District.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping 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 conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material 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 NPDES construction permits resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition. The city’s Comprehensive Storm Water Management Ordinance (Ord. 172-2008) requires storm water management for all construction activity with the exception of residential lots less than one-quarter acre in size.
HAZARDOUS MATERIALS. A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety and property when transported in commerce, and has designated as hazardous under § 5103 of federal hazardous materials transportation law (49 U.S.C. § 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 C.F.R. § 172.101), and materials that meet the defining criteria for hazard classes and divisions herein. 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 drainage system, except as exempted in § 1056.07 of this chapter.
ILLICIT CONNECTIONS. 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 enforcement agency; or
(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 county.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits, as defined in 40 C.F.R. § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances that is owned by a state, city, town, village or other public entity that discharges to waters of the United States; is designed or used to collect or convey storm water (including storm drains, pipes, ditches and the like); not a combined sewer; and not part of a publicly owned treatment works (sewage treatment plant).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMITS (NPDES). A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
PERSON. Any individual, corporation, partnership, association, company or body politic, including any agency of the county and the United States Government.
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 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 water bodies 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 (SW3P). 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 storm water, storm water conveyance systems and/or receiving to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERCOURSE. Any body of water, including, but not limited to, lakes, ponds, rivers, streams and bodies of water delineated as waters of the state.
WATERS OF THE STATE OF OHIO. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial which are situated wholly within, partly within or border upon this state or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.
(Prior Code, § 1056.02) (Ord. 208-2012, passed 12-10-2012)