The following words, phrases and terms as used in chapter 27.5 shall have the following meanings ascribed to them, whether or not such term is capitalized in any provision of this chapter 27.5. Unless specifically differently defined in this chapter 27.5 all words, phrases and terms as used in chapter 27.5 shall be ascribed the meaning ascribed under the Code.
BASELINE LAND USE CONDITIONS. That which existed for year 2001 for Big and Little Papillion Creeks and its tributaries (excluding West Papillion Creek) and for year 2004 for West Papillion Creek and its tributaries. That which existed in 2007 for all areas not within the Papillion Creek Watershed.
BEST MANAGEMENT PRACTICES (BMP). The pollution control practices designed and carried out to reduce the pollutants contained in discharges, including low impact development techniques.
BUILDING. The same meaning as identified in the city’s zoning code, but shall include any structure as defined in the zoning code.
BUILDING DRAIN. That part of the lowest horizontal piping of a wastewater drainage system that receives the discharge from soil and waste pipes inside the walls of the building and conveys it to the building sewer, beginning two feet outside the inner face of the building wall.
CAUSE, RESULT OR PERMIT. Whether or not specified in any provision of this chapter, to directly or indirectly, cause result or permit such activity, omission or occurrence.
CHAPTER. This chapter 27.5 (as amended from time to time) except where the context shall otherwise require.
CODE. The Bellevue Municipal Code.
COMBINED SEWER. A sewer receiving, by designation of the director, both runoff water and sanitary sewage.
CLEAN WATER ACT. The Federal Water Pollution Control Act enacted to prohibit the discharge of pollutants to receiving waters of the United States as the same is amended from time to time.
COMMERCIAL ACTIVITY. Any public or private activity that is not defined in 40 Code of Federal Regulations (CFR) 122.26(b)(14) as an “industrial activity” (or similar term), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.
CONSTRUCTION ACTIVITY. Any cleaning, grading, or excavation that results in soil disturbance. CONSTRUCTION ACTIVITY includes, any construction, repairs, dewatering, remodeling, building, and emergency construction activities required to immediately protect public health and safety.
DIRECTOR. The director of public works department for the city or his/her authorized agent or representative.
DISCHARGE. Any spill, leak, pump, flow, escape, dumping, disposal or other release of any liquid, semi-solid, or solid substance to the municipal storm sewer system.
EFFECTIVE DATE. The effective date of the adoption of the ordinance creating this chapter.
HAZARDOUS SUBSTANCE. Any substance so designated under 40 CFR Part 116 pursuant to section 311 of the Clean Water Act.
ILLICIT CONNECTION. Any human made conveyance that is, directly or indirectly, connected to the municipal separate storm sewer system that directly or indirectly causes or permits an illicit discharge.
ILLICIT DISCHARGE. Any discharge to the municipal separate storm sewer system that is prohibited under any laws. Illicit discharges include all non-stormwater discharges other than those discharges allowed pursuant to a NPDES permit or conditionally exempted by this chapter. Illicit discharges include those discharges prohibited in sections 27.5-21 and 27.5-22 of this chapter.
ILLICIT DISPOSAL. Any disposal, either intentional or unintentional, of material(s), substance(s), or waste(s) that has the potential to pollute runoff unless otherwise allowed by law.
INCLUDE or INCLUDING. “Including without limitation” whether or not so specified.
INDUSTRIAL ACTIVITY. Any public or private activity which may be directly or indirectly related to any other categories of activities identified or defined in 40 CFR 122.26(b)(14).
LAW or LAWS. Any law(s) defined in section 1-2, and any local, state, or federal statutes, ordinances, codes, or regulations applicable to any matter regulated, restricted or controlled by this chapter, as any such laws shall be amended from time to time.
LOW IMPACT DEVELOPMENT (LID). De-centralized management of precipitation that would otherwise be stormwater runoff, utilizing design techniques that infiltrate, filter, store, evaporate, or temporarily detain stormwater.
MANUAL. The Omaha Regional Stormwater Design Manual as amended from time to time.
MUNICIPAL STORM SEWER SYSTEM. Any inlet, pipe, ditch or gully, or system of pipes, ditches, or gullies or other system, that is owned, operated, maintained or controlled by the city and is used for collecting and conveying stormwater. Such systems include both separate storm sewers and combined storm sewers.
MAXIMUM EXTENT PRACTICABLE. The standard for implementation of stormwater management programs to reduce pollutants in stormwater, which shall mean the maximum extent possible taking into account equitable consideration of competing factors, including the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.
NEW DEVELOPMENT. Any land or soil disturbing activities; any building or structural development, including construction or installation of a building or impervious surfaces; and any subdivision of real property.
NPDES. The National Pollutant Discharge Elimination System that is implemented or enforced by a permit issued by the U.S. Environmental Protection Agency or the Nebraska Department of Environmental Quality (NDEQ) pursuant to the Clean Water Act that relates to, or authorizes discharges to, waters of the United States and requires the reduction of pollutants in the discharge.
NON-STORMWATER RUNOFF. Any discharge or disposal to the municipal storm sewer system that is not composed entirely of stormwater.
NUISANCE. Public nuisance as defined in this chapter or any other related “nuisance” identified in the Code.
PEAK DISCHARGE or PEAK FLOW. The instantaneous surface water discharge rate resulting from a design storm frequency event for a particular hydrologic and hydraulic analysis as defined by the Omaha Regional Storm Water Design Manual. The measurement of the PEAK DISCHARGE shall be at the lowest most drainage outlet(s) from a new development or significant redevelopment.
POLLUTANT. The term as defined in the Clean Water Act including the substances or materials set forth in subsections (1)—(8) of this definition. POLLUTANTS shall not include uncontaminated stormwater, potable water, groundwater, or water reclaimed by a lawfully permitted water treatment facility. POLLUTANTS shall include:
(1) Materials (including fuels, solvents, chemical, detergents, plastic, pellets, hazardous substances, radioactive wastes, fertilizers, pesticides, paints, soot, slag, ash, sludge);
(2) Metals and nonmetals both soluble and insoluble (including cadmium, lead, zinc, copper, silver, nickel, chromium, chlorine, phosphorous, and arsenic);
(3) Petroleum hydrocarbons (including fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);
(4) Eroded soils, sediment, and particulate materials in amounts, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state;
(5) Animal wastes (including discharge from confinement facilities, kennels, pens, recreational facilities, and stables);
(6) Substances having acidic or corrosive characteristics, unusual coloration or turbidity;
(7) Any domestic or industrial wastewater; and
(8) Any hazardous substance.
PRIVATE STORMWATER CONVEYANCE SYSTEM. A stormwater conveyance system that is not owned, operated, maintained or controlled by a municipality, a county or the State of Nebraska that drains or conveys water from a building or from/through one or more properties to a receiving water, the environment or the city’s stormwater system.
PUBLIC NUISANCE. Any discharge in violation of this chapter, any other related applicable provisions of the Code, a wastewater discharge permit, or an order of the city council.
RECEIVING WATERS. All surface water bodies, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation ditches, gullies or channels, drainage systems, and all other bodies or accumulation of water, natural or artificial, public or private, situated wholly or partly, within or adjacent to the city or the extraterritorial jurisdiction of the city.
RUNOFF. Any discharges from a drainage area that enters the municipal storm sewer system.
SANITARY SEWAGE. Liquid and water-carried industrial or domestic wastes from any buildings or structures, including any dwellings, commercial buildings, industrial facilities and institutions.
SEPARATE STORM SEWER. Pipe or conduit, which by designation of the director, carries only stormwater runoff, discharges pursuant to a NPDES permit or discharges conditionally exempted by law.
SIGNIFICANT REDEVELOPMENT.
(1) Land or soil disturbing activity that directly or indirectly results in the creation, addition or replacement of at least 5,000 square feet of impervious surface area, including:
(a) Any such expansion of a building footprint;
(b) Any such addition or replacement of a structure;
(c) Any such replacement of impervious surface that that is not part of a routine maintenance activity; and
(d) Any such land or soil disturbing activities related to structural or impervious surfaces.
(2) SIGNIFICANT REDEVELOPMENT does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or any emergency redevelopment activity required to protect public health and safety.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, as amended from time to time.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan required by the State of Nebraska under either the general permit for stormwater discharges or an individual NPDES permit that includes requirements for stormwater discharges associated with either industrial or construction activities. Typically, the purpose of the plan is to help identify the sources of pollution that affect the quality of stormwater discharges from a site and to describe and ensure the implementation of practices to reduce pollutants in stormwater discharges.
STORMWATER RUNOFF. That part of natural precipitation (rainfall or snowmelt, including that of any frozen precipitation), which travels via flow across any surface to the municipal storm sewer system.
STREET WASH WATER. The water and the associated debris resulting from the washing of streets or sidewalks.
URBAN RUNOFF. Any stormwater and non-stormwater runoff from developed land situated wholly or partly within or adjacent to the city or the extraterritorial jurisdiction of the city.
U.S. EPA. The United States Environmental Protection Agency.
(Ord. 3409, § 1(32-3), passed 7-24-2006; Ord. 3490, § 1, passed 1-12-2009; Ord. 3562, § 1, passed 3-8-2010)