Definitions of terminology used in this chapter shall be as follows:
   (a)   "Authorized Enforcement Agency" means the United States Environmental Protection Agency, the Michigan Department of Environmental Quality, and their successor agencies, or the City of Battle Creek, whether acting separately or in concert.
   (b)   "Best Management Practices" (BMPs) means 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.
   (c)   "Building" means a structure that is principally above ground and is enclosed by walls and a roof. The term includes but is not limited to a gas or liquid storage tank, a manufactured home, carport, mobile home or prefabricated building. This term also includes recreational vehicles which generate wastewater or which are installed on a site for more than 180 days.
   (d)   "City" means the City of Battle Creek, including staff and elected officials.
   (e)   "Construction" means activities subject to NPDES Construction Permits. NPDES Storm Water Phase II permits are required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
   (f)   "Director" means the Utilities Director and his or her designees.
   (g)   "Development" means any of the following:
      (1)   Construction, installation, alteration, demolition, or removal of a structure impervious to surface storm water management system;
      (2)   Clearing, scraping, grubbing or otherwise removing or killing the vegetation of a site; or
      (3)   Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner that is contrary to the requirements of this chapter.
   (h)   "Drain" means a channel, natural depression, slough, stream, creek or pipe in which storm water runoff and floodwater can flow. This includes systems installed to carry urban storm runoff.
   (i)   "Hazardous materials" means any substance, waste or a combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics or properties may cause or contribute to a substantial present or potential hazard to human health or safety, property or the environment when improperly treated, stored, transported, disposed or otherwise managed or cared for.
   (j)   "Illicit discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted by this chapter.
   (k)   "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 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 an authorized enforcement agency.
   (l)   "Industrial activity" means an activity subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).
   (m)   "National Pollutant Discharge Elimination System" (NPDES) means a permitting system established by the Environmental Protection Agency (or by the State of Michigan under authority delegated pursuant to 33 USC § 1342(b)) that issues permits to authorize the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
   (n)   "Non-storm water discharge" means any discharge to the storm drain system that is not composed entirely of storm water.
   (o)   "Person" means 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.
   (p)   "Pollutant" means 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.
   (q)   "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
   (r)   "Public waters" means waters of the City or waters of the State.
   (s)   "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaking, dumping or disposing into the municipal separate storm sewer system, drain or public waters.
   (t)   "Storm water" means the flow of water that results from and occurs immediately following a rainfall, snowfall, or snow melt event.
   (u)   "Storm water management system" means and includes all natural and manmade elements used to convey storm water from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the City. The storm water management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, and other storm water conveyance and treatment facilities, whether public or private.
   (v)   "Structure" means the results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; and includes retaining walls, tanks and manholes.
   (w)   "Surface water" means water that finds its way to an open channel without infiltrating into the soil.
   (x)   "Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(Ord. 03-08. Passed 3-18-08.)