§ 53.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASEMENT. A building substructure used for any type of storage or finished for use as living or entertainment quarters.
   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, 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.
   COUNTY. The employees or designees of the county designated to enforce this chapter.
   CONCENTRATED FLOW. Any flow observable in an MS4 conveyance such as a pipe, gutter or swale.
   CONTIGUITY. An entities proximity to a designated MS4 area in a way that it allows for direct discharges of storm water run-off into the regulated MS4 conveyance.
   CONVEYANCE. Any structure which transfers storm water between at least two points. The term includes, but is not limited to, piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains and roadways.
   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. These include construction projects resulting in land disturbances of one acre or more, or from sites smaller than one acre if the construction activity is part of a larger plan of development or sale that disturbs one acre or more. The activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
   CRAWL SPACE. A building substructure not meeting the above definition of a basement.
   DISPOSAL. The discharge; deposit; injection; spilling; leaking; or placing of any solid waste or hazardous waste into or on any land or water so that the solid or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
   GARBAGE. All animal solid, vegetable solid and semisolid wastes resulting from the processing; handling; preparation; cooking; serving; or consumption of food or food materials.
   FACILITY. Any building including private homes, structures, installations, processes or activities from which there is or may be a pollutant discharge.
   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 naturally occurring floatables, such as leaves or tree (shrub) limbs or as exempted in § 53.06(B).
   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 or non pure ground 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, basement sump pumps and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by the county; 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.
   ILLICIT DISCHARGE. See ILLEGAL DISCHARGE.
   INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26 (b)(14) and subject to 327 I.A.C. 15-6.
   MOBILE CLEANING OPERATIONS or MOBILE WASHING. Power washing, steam cleaning, and any other method of mobile cosmetic cleaning, including, but not limited to, vehicles, fabric, pets and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.
   MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). 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, catch basins, inlets, piped storm drains, culverts, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs and other drainage structures.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to the states watercourses, 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, association, organization, partnership, firm, corporation, limited liability company or other entity recognized by law.
   POLLUTANT. Anything that causes or contributes to pollution. POLLUTANTS may include, but are not limited to, paints, varnishes, solvents; oil and automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, floatables; pesticides; herbicides; and fertilizers; hazardous substances and wastes; sewage, effluent, fecal coliform, E. Coli 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.
   POLLUTION. The presence in watercourse of any pollutant listed above or a substance listed with the U.S. EPA.
   PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved, and including adjacent sidewalks and parking strips.
   RECEIVING WATER. Waters of the state including but not limited to Driftwood River, Flatrock River, Haw Creek, Wolf Creek, Denios Creek, East Fork White River, Clifty Creek and Sloan Branch. The term does not include private drains, retention and detention basins or constructed wetlands used as treatment.
   SPILL. An unintentional release of solid or liquid material, which may cause pollution of the MS4 or its receiving waters.
   STORM DRAINAGE SYSTEM. Also defined as MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).
   STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from the precipitation.
   STORM WATER POLLUTION PREVENTION PLAN (SWP3) or STORM WATER MANAGEMENT PLAN (SWMP). A document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, MS4 and/or receiving waters to the maximum extent practicable.
   THREATENED DISCHARGE. A condition creating a substantial probability of a pollutant entering an MS4 or surface waters which may cause harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.
   WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
   WATERCOURSE. A natural or artificial channel through which water can flow.
(Ord. 2008-08, passed 5-5-2008)