For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL STORM WATER RUNOFF. Any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from Concentrated Animal Feeding Operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the Municipal Separate Storm Sewer System (MS4) and Waters of the United States and/or Waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. The National Menu of Best Management Practices (BMPs) for NPDES Storm Water Phase II or successor document will be utilized to comply with each of the Six Minimum Control measures and provide measurable goals that will be utilized to demonstrate BMPs implementation.
BUILDING DRAIN.That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building sewer beginning three feet outside the building wall.
CFR. The Code of Federal Regulations.
CITY. The City of Bowling Green, Ohio.
CITY ENGINEER.The City Engineer or his or her authorized representative. The City Engineer shall be an employee of the city holding the title ''City Engineer" either as a primary duty title or holding such designation in addition to his or her primary duty title if no city engineering department is established. If no employee of the city holds the title "City Engineer" then the City Engineer shall be the Director of Public Works or his or her authorized representative or the Director of Utilities or his or her authorized representative, as the context may require.
CONTAMINATED. Containing a harmful quantity of any substance.
CONTAMINATION. The presence of or entry into a public water supply system, the MS4, Waters of the State and/or Waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water.
DESIGN DISTRICT. That territory included in Sewer District No. 1 plus that territory located beyond the corporate limits, but adjacent to Sewer District No. 1 which the proposed sanitary sewer pumping system was designed to serve.
DETENTION FACILITY. A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving a site by temporarily storing a portion of the storm water entering the facility or site.
DISCHARGE. Any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the MS4 or into waters of the state and/or waters of the United States.
DISCHARGER. Any person who causes, allows, permits, or is otherwise responsible for a discharge, including without limitation, any operator of a construction site or industrial facility.
DISTURBED AREA. An area of land subject to erosion due to any clearing, grading, excavating, filling or other alteration of land surface, where natural or manmade cover is destroyed in a manner that exposes the underlying soils.
DRAINAGE. The removal of excess surface water or groundwater from land by surface or subsurface drains.
EROSION. The process by which the land surface is worn away by the action of wind, water, ice, gravity or any combination of forces.
EROSION AND SEDIMENT CONTROL. The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by of erosion.
FACILITY. Any facility, private property, or construction site, required by the Clean Water Act to have a permit to discharge storm water associated with industrial or construction activity.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
FIRE DEPARTMENT. The City of Bowling Green Fire Division or any duly authorized representative thereof.
FIRE PROTECTION WATER. Any water and any substances or materials contained therein used by any person other than the Fire Department to control or extinguish a fire.
HARMFUL QUANTITY. The amount of any substance that will cause pollution of Waters of the State, Waters of the United States or the MS4.
HOUSE OR BUILDING SEWER. The sewers leading from the main or lateral sewers to a home or building.
ILLICIT DISCHARGE. Any discharge to the MS4 that is not entirely composed of storm water and contains pollutants. Some discharges are exempted per the MS4 NPDES permit and Ordinance 50.02.
INDUSTRIAL WASTES. The liquid wastes resulting from any commercial, manufacturing, or industrial operations or processes.
MAIN OR LATERAL SEWERS. The sewers in the streets, alleys, and easements passing in the front, rear, or through the lots.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318 and 405 of the Clean Water Act.
NON-POINT SOURCE. Any source of any discharge of a pollutant that is not a "point source."
NOTICE OF INTENT (NOI). The notice of intent that is required by the NPDES storm water multi-sector general permit, the United States EPA Region 5 NPDES storm water construction general permit, or any similar general permit to discharge storm water associated with construction and/or industrial activity that is issued by the EPA.
NOTICE OF TERMINATION (NOT). The notice of termination that is required by the NPDES storm water multi-sector general permit, the United States EPA Region 5 NPDES storm water construction general permit to discharge storm water associated with construction and / or industrial activity that is issued by the EPA.
NPDES PERMIT. A permit issued by United States Environmental Protection Agency (or by the state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States and/or waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis.
OHIO ENVIRONMENTAL PROTECTION AGENCY or OHIO EPA. The State of Ohio Environmental Protection Agency, or any duly authorized official of said agency.
OPERATE. Drive, conduct, work, run, manage, or control.
OPERATOR. The party or parties that either individually or taken together meet the following two criteria: 1) They have operational control over the site construction plans and specifications (including the ability to make modifications); and 2) they have the day-to-day operational control of those activities at the site necessary to ensure compliance with storm water pollution prevention plan requirements and any permit conditions.
PERMIT. The document issued by the Board of Public Utilities evidencing the payment of a tap charge, and indicating the kind of use and the area for which the charge has been paid.
PERSON or USER. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH. The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution expressed in standard units.
POINT SOURCE. Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
POLLUTANT. Dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; and industrial, municipal, recreational, and agricultural waste discharged into water or into the MS4.
POLLUTION. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of any waters of the state and/or waters of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
PUBLIC SEWERAGE SYSTEM. Consists of main and lateral conduits with all necessary accessories, designed to carry off all liquid wastes, and are within the public right-of-way or utility easement accepted by the Board of Public Utilities.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the MS4, the waters of the state and/or waters of the United States.
SANITARY SEWAGE. The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar, floor drains, garage floor drains, soda fountains, refrigerator drips, and drinking fountains, but does not include storm surface water, uncontaminated ground water, or roof and footer drainage.
SANITARY SEWER PUMPING SYSTEM. Refers to the pumping station and force main between the pumping station and the main sewer, and to all sewer lines attached to or draining into the pumping station.
SERVICE CHARGE. The charge established by the Board of Public Utilities to cover the cost of operation and maintenance to the sewerage system.
SUBSOIL DRAINS. The porous drains laid for removing subsurface water.
STATE. The State of Ohio.
STORM WATER. Any water flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY. The discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in divisions (1) through (10) of this definition below, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the categories of industries identified in division (11) of this definition, the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts, or industrial machinery are exposed to storm water. For the purposes of this definition, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state or municipally owned or operated that meet the description of the facilities listed in divisions (1) through (11) (of this definition) include those facilities designated under the provisions of 40 CFR § 122.26(a)(l)(v). The following categories of facilities are considered to be engaging in "industrial activity".
(1) Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR subchapter N (except facilities with toxic pollutant effluent standards which are exempted under category (11) of this definition);
(2) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311,32 (except 323), 33,3441,373.
(3) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR § 434.11(1) because the performance bond issued to the facility by the appropriate Surface Mining Control and Reclamation Act authority has been released, or except for areas of non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim).
(4) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of the Resource Conservation and Recovery Act (RCRA).
(5) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA.
(6) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093.
(7) Steam electric power generating facilities, including coal handling sites.
(8) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45 and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under divisions (1) through (7) or (9) through (11) of this definition are associated with industrial activity.
(9) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 million gallons per day or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR 503.
(10) Construction activity including clearing, grading and excavation activities except operations that result in the disturbance of less than one acre of total land area, which is not part of a larger common plan of development or sale.
(11) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25 (and which are not otherwise included within categories (2) through (10) of this definition).
STORM WATER POLLUTION PREVENTION PLAN (SWPPF). A plan required by a permit to discharge storm water associated with industrial activity, including construction, and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility.
TAP CHARGE. The total sum of money required to be paid for the privilege of draining into the storm sewer system, which may include an inspection fee and front footage charge for the installation of the storm sewer, if applicable as established by the Board of Public Utilities.
TSS (TOTAL SUSPENDED SOLIDS). Solids that either float on the surface, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device.
UNCONTAMINATED. Not containing a harmful quantity of any substance.
USC. United States Code.
USER or PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.
UTILITIES DIVISION. The authorized representatives of the Utilities Division of the City of Bowling Green.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERS OF THE STATE. Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
WATERS OF THE UNITED STATES. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Clean Water Act.
WETLAND. An area that is inundated or saturated by surface or ground-water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(Ord. 7901, passed 7-20-2009)