Unless specifically defined in this chapter, the words and phrases used in this chapter shall have the same definition as provided in 33 U.S.C. § 1251 et seq., M.S. Chapters 115, 116, 145A, and Minn. Rules Chapter 7090. Any word or phrases not defined therein or in this chapter shall be construed according to their common usage. For purposes of this chapter, the words "must" and "shall" are to be constructed as mandatory and not permissive.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the Manager of the county's Environmental Services Department of the Public Service Division or of the Director of the county's Public Works Division, who are designated to enforce the provisions of this chapter.
BEST MANAGEMENT PRACTICES (BMPS). Practices to prevent or reduce pollution of waters of the state, including 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 includes treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, or water disposal or drainage from raw materials storage, as defined in Minn. Rule pt. 7001.102, subp. 5, and as amended from time to time.
CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and as amended from time to time.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. NPDES stormwater permits must be obtained for any construction activity that disturbs one acre or more of soil, less than one acre of soil if that activity is part of a larger common plan of development or sale that is greater than one acre, or as otherwise required by the Minnesota Pollution Control Agency (MPCA). A CONSTRUCTION ACTIVITY includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography, that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity include, but are not limited to clearing and grubbing, grading, filling, excavating, and demolition.
COUNTY. Carver County, Minnesota.
COUNTY BOARD. The Carver County Board of Commissioners.
DIVISION or DIVISIONS. The Carver County Public Services Division and/or the Public Works Division (or their successor), their staff and designated agents.
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.
ILLICIT CONNECTIONS. An illicit connection is defined as any of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system, including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connection 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
(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.
ILLICIT DISCHARGE. Any disposal or discharge of pollutants or non-stormwater materials into the county's MS4, via surface flow, direct dumping into the storm sewer or water body, or through illegal connection to the county's MS4, except disposal or discharges permitted pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer), and discharges resulting from firefighting activities or other exempted activities listed in §155.006 of this chapter.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 CFR, §122.26(b)(14).
MAXIMUM EXTENT PRACTICABLE. A standard for water quality that applies to all MS4 operators regulated under the NPDES program.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains etc.) owned or operated by a public entity such as a city, township, county, highway department, etc., designed or used for collecting or conveying stormwater, and not used for collecting or conveying sewage or wastewater that discharges to water of the state.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
NON-STORMWATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of stormwater.
PERSON or OWNER. Any individual, municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association, organization, any receiver, assignee, agent or other legal representative of any of the foregoing, or any other legal entity.
POLLUTANT.
(1) Any substance which, when discharged, has potential to or does any of the following:
(a) Interferes with state designated water uses;
(b) Obstructs or cause damage to waters of the state;
(c) Changes water color, odor, or usability as a drinking source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater;
(d) Add an unnatural surface film on the water;
(e) Adversely changes other chemical, biological, thermal or physical condition, in any surface water or stream channel;
(f) Degrades the quality of the ground water; or
(g) Harms human life, aquatic life, or terrestrial plant and wildlife.
(2) Pollutant includes, but is not limited to: dredged soil, solid wastes, incinerator residue, sewage, garbage, sewage sludge, heat, wrecked or discarded equipment or objects, rock, sand, cellar dirt, chemical wastes, biological materials, radioactive materials, and industrial, municipal, and agricultural waste. Chemical wastes include but are not limited to paints, varnishes, solvents, oil and other automotive fluids. Biological materials include but are not limited to bacteria, fecal coliform, pathogens, and animal wastes. Agricultural wastes include but are not limited to pesticides, herbicides, and fertilizers. Industrial wastes include but are not limited to dissolved and particulate metals, wastes and residues that result from constructing a building or structure, and noxious or offensive matter of any kind.
POLLUTE. The discharge of pollutants into waters of the state.
POLLUTION. The direct or indirect distribution of pollutions into waters of the state.
PRECIPITATION. A deposit on the earth of hail, mist, rain, sleet, or snow; also the quantity of water deposited.
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 but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins and other stormwater facilities, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER. Any surface flow, runoff, snow melt runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes the BMPs 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 charges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private, except that surface waters do not include treatment basins or ponds that were constructed from upland.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE. Any channel having definable beds and banks capable of conducting generally confined runoff from adjacent lands. During floods water may leave the confining beds and banks but under low and normal flows, water is confined to within the channel. A watercourse maybe perennial or intermittent and natural or artificially constructed. A watercourse includes all public waters.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of Minnesota or any portion thereof, as defined in M.S. § 115.01, subd. 22 and as amended from time to time.
WATERS OF THE UNITED STATES. As defined in 33 U.S.C. § 1251 et seq. (1972), and as amended from time to time.
(Ord. 92-2019, passed 4-16-19)