As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in section 502 of the clean water act, 40 CFR 122, and 35 Illinois administrative code 309, unless the context clearly requires otherwise. For convenience, simplified explanations of some regulatory/statutory definitions have been provided, but in the event of a conflict, the definition found in the statute or regulation takes precedence.
AUTHORIZED ENFORCEMENT AGENCY: Any public body having jurisdiction under the clean water act to enforce the provisions of the clean water act or this chapter, including, but not limited to, the United States environmental protection agency, Illinois environmental protection agency, Kane County environmental and water resources division, and the city.
AUTHORIZED ENFORCEMENT OFFICER: Any officer or employee of an authorized enforcement agency who administers or enforces any provision of this chapter, code, or clean water act pursuant to this chapter. The term "authorized enforcement officer" shall include: the city administrator; the community development director; the public works director; the code enforcement officer; the city engineer, the fire chief, or their designee. It is expressly intended that those officials shall be, and are empowered to enforce the provisions of this code including the initiating and signing of formal complaints alleging violations of such provisions.
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 stormwater, receiving waters, or stormwater 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: Formally referred to as the federal water pollution control act, means Public Law 92-500 (33 USC 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY: Activities subject to NPDES construction or Kane County stormwater permits. These include construction projects resulting in land disturbance of twenty five thousand (25,000) square feet or more for redevelopment as described in the stormwater ordinance or more than one acre for phase II NPDES. 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, that 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 nonstormwater discharge to the storm drainage system, except as allowed under an NPDES permit or as exempted in section 11-8-7 of this chapter.
ILLICIT CONNECTIONS: An "illicit connection" is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system including, without limitation, any conveyances that allow any nonstormwater 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 an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY: Activities subject to NPDES industrial permits as defined in 40 CFR section 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances (including sidewalks, paths, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by an authorized enforcement agency 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.
NONSTORMWATER DISCHARGE: Any discharge to the storm drainage system that is not composed entirely of stormwater.
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 that causes or contributes to pollution. Pollutants may include, without limitation: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, 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 stormwater is collected and/or conveyed, including, without limitation, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN: A document that 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 stormwater, discharged from a facility.
WATERCOURSE: Any river, stream, creek, brook, natural or artificial depression, ponded area, lakes, flowage, slough, ditch, conduit, culvert, gully, ravine, swale, wash, or natural or humanmade drainageway, in or into which surface or ground water flows, either perennially or intermittently. (Ord. 16-46, 9-19-2016)