§ 53.002 DEFINITIONS.
   (A)   (1)   For the purposes of clarification, the following definitions are provided and become a part of and applicable to the purposes, policies, regulations, requirements, provisions, specifications, and applications of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter.
      (2)   In some instances, a definition incorporated herein establishes policy within the definition; as the establishment of policy shall have the same effect as if the policy were established in another section of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter.
      (3)   The definitions established in this section shall be the effective definitions for certain terminology used within this chapter, and within documents, activities, and exchanges of dialogue appended to or associated with §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter.
      (4)   When a definition given in this section or §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter conflicts or varies with a definition given in a document other than this section or §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter, the definition given in this section or chapter will prevail as the operative definition relative to the requirements of and regulation under §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter.
      (5)   Terminology not specifically defined in this section or §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter will have the meaning as otherwise defined in this title or the meaning commonly understood in the technology or industry relevant to the use of the terminology, or will have the most relevant meaning given in Webster's Collegiate Dictionary.
   (B)   For the purpose of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
      AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, and the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tiles. For the purposes of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter, the term does not include land disturbing activities for the construction of agricultural-related facilities such as barns, buildings to house livestock, roads associated with infrastructure, other infrastructure, agricultural waste lagoons and facilities that process residential, workshop, or human wastes, and lakes, ponds, wetlands, and other infrastructure.
      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 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.
      BOARD. The Town of Chandler Storm Water Management Board.
      CERTIFIED TECHNICIAN. A qualified professional or trained individual who has achieved state accreditation through course work and continuing education specifically prescribed, provided, or approved by IDEM or IDNR/DSC for the purpose of achieving state certification as a technician qualified to select or supervise the selection of, install or supervise the installation of, manage, inspect, evaluate, and report on ECMs and BMPs related to storm water quantity, quality, and pollution fate.
      COMMISSIONER. The Chief Executive Officer of IDEM.
      CONSTRUCTION ACTIVITY. Activities subject to Indiana Rule 5, 327 I.A.C. 15-5, or NPDES General Construction Permits. These include construction projects resulting in land disturbance. The activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. The term CONSTRUCTION ACTIVITY does not include routine ditch or road maintenance or minor landscaping projects.
      CONSTRUCTION PLAN. An ordered collection of drawings, narratives, data, and documents assembled for review, approval, authorization, and establishment of guidelines for the initiation, management, and completion of construction activities at a project site regulated by §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter. A Storm Water Pollution Prevention Plan (SWP3) is a part of the CONSTRUCTION PLAN.
      CONSTRUCTION PROJECT or PROJECT. An organized effort to start, conduct, manage, and complete a single construction activity, or a series of construction activities.
      CONSTRUCTION PROJECT SITE. The physical location or locations where a construction project is being accomplished, or the physical or legal boundaries within which a construction activity or a series of construction activities is planned to be or is being accomplished.
      CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of construction related ingress to and egress from an approved reference manual, and maintained throughout the period of land disturbing activities for the purpose of capturing and detaining sediment carried by tires, tracks, or other surface contact components of vehicles, earthmoving equipment, or material and personnel transport conveyances.
      CONSTRUCTION SITE OPERATOR. The same meaning as PROJECT SITE OPERATOR.
      CONTRACTOR or SUBCONTRACTOR. An individual or company hired by the project site owner or by an individual lot owner or individual lot operator to perform services on or connected to the project site or individual lot.
      DEPARTMENT or IDEM. The Indiana Department of Environmental Management.
      DEVELOPER. A project site owner or person financially responsible for construction activity; or an owner of property who sells, leases, or offers for sale or lease, any lots in a subdivision or larger common plan of development or sale.
      DNR-DSC. The same as IDNR/DSC which means the Indiana Department of Natural Resources, Division of Soil Conservation.
      DRAIN. An open channel or a pipe, or combination thereof, implemented to gather, convey, store, treat, and release storm water runoff.
      ECM or EROSION CONTROL MEASURE. An activity, a material application, or a structure that prevents, arrests, or lessens the wearing away of soil, sediment, or rock by water, wind, or ice.
      EPA. The federal Environmental Protection Administration.
      EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, or ice.
      EROSION AND SEDIMENT CONTROL MEASURE. An appropriate component or components of an erosion and sediment control plan or system.
      EROSION AND SEDIMENT CONTROL SYSTEM. The use of appropriate control measures to prevent or minimize the wearing away of soil, sediment, and rock fragments by water, wind, or ice, and to intercept detached or suspended particles to prevent their discharge from or within a project site.
      FINAL STABILIZATION. The establishment of permanent vegetative cover or the application of a permanent, non-erosive material to areas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current permit.
      GRADING. The cutting and filling of the land surface to a desired slope or elevation.
      IDEM. The Indiana Department of Environmental Management, the NPDES permitting authority for the State of Indiana.
      IDNR. The Indiana Department of Natural Resources.
      IDNR/DSC. The Division of Soil Conservation of IDNR, which through a memorandum of agreement (MOA) with IDEM, reviews plans, makes site inspections, evaluates ECMs and BMPs, and determines compliance with 327 I.A.C. 15-5 (Rule 5).
      IMPERVIOUS AREA. The number of square feet of hard surfaced areas, including compressed rock or gravel, which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, driveways, pavement, parking lots and athletic courts.
      IMPERVIOUS SURFACE or IMPERVIOUS LAND SURFACE. A surface layer of application, like pavement or rooftops that prevents the infiltration of storm water into the soil.
      INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
      INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual building lot.
      INDIVIDUAL LOT OWNER. A person who has financial control of construction activities for an individual lot.
      LAND DISTURBING ACTIVITY. Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
      LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan undertaken by a developer, project site owner, or group of developers or project site owners, to offer lots for sale or lease where land is contiguous or the land development is known, planned, designated, purchased, or advertised as a common unit or by a common name and is presumed to be offered for sale or lease as part of a larger common plan. The term includes phased or other construction activity by a single unit for the unit's own use.
      LEGALLY BINDING AGREEMENT. A written, enforceable legal document used to describe responsibilities between joint municipal executives, MS4 entities, Town of Chandler Engineer or Storm Water Department Manager, or other entities providing, receiving, or sharing services with regard to this chapter.
      MEASURABLE STORM EVENT. A precipitation event that results in a total measured accumulation of precipitation equal to or greater than ½ inch of rainfall.
      MEP or MAXIMUM EXTENT PRACTICABLE. The greatest degree of fair, economic, practical, successful, and appropriate control and treatment that reasonably can be expected to result from the diligent application of control measures, management practices, requirements, and regulations implemented to cause the adequate effects intended by the control measures, management practices, requirements, and regulations.
      MS4 or MUNICIPAL SEPARATE STORM SEWER SYSTEM. A system of storm water conveyances either owned or operated by a governmental agency, Town of Chandler MS4, that EPA or IDEM has designated as responsible to eliminate or minimize pollutant loadings of the storm water entering waters of the state, and water of the United States.
      MS4 AREA. A land area comprising 1 or more places that receives coverage under 1 NPDES storm water permit regulated by 327 I.A.C. 15-13 or 327 I.A.C. 5-4-6(a)(4) and 327 I.A.C. 5-4-6(a)(5).
      MS4 CONVEYANCE. A waterway or drain owned or operated by an MS4 entity.
      MS4 OPERATOR. The person responsible for development, implementation, or enforcement of the Minimum Control Measures (MCMs) for a designated MS4 area regulated under 327 I.A.C. 15-13.
      MUTUAL DRAIN. A channel, pipe, or other storm water conveyance that exists on 2 or more properties owned by 2 or more entities and constructed or otherwise placed with the consent of the owning entities.
      NOTICE OF DEFICIENCY LETTER or NOD LETTER. A written notification from the Town of Chandler Engineer or Storm Water Department Manager indicating to the project site owner that the construction plan for a project site has been reviewed and has been found to have deficiencies by the Town of Chandler Engineer, Storm Water Management Board or Storm Water Department Manager.
      NOTICE OF INTENT LETTER or NOI LETTER. A written notification from the project site owner sent to the Director of IDEM and to the Town of Chandler Engineer or Storm Water Department Manager at least 48 hours prior to initiating construction activities at the project site.
      NOTICE OF PLAN APPROVAL or NPA. A notification from the Town of Chandler Engineer or Storm Water Department Manager to the project site owner that the construction plan for a project site has been reviewed and approved by the Board. The project site owner must insert the NPA with the NOI sent to the Director of IDEM at least 48 hours prior to initiating construction activities at the project site.
      NOTICE OF TERMINATION LETTER or NOT LETTER. A written notification from the project site owner to the Director of IDEM and to the Town of Chandler Engineer or Storm Water Department Manager that the construction activities for a project site has been terminated and has met the conditions of this chapter.
      NPDES or THE NATIONAL POLLUTION DISCHARGE AND ELIMINATION SYSTEM. A program administered by the EPA to reduce or eliminate the pollutant loadings into public waters.
      NRCS. The Natural Resource Conservation Service of United States Department of Agriculture (USDA).
      PEAK DISCHARGE. The maximum rate of flow from a point of storm water discharge during or immediately following a storm event, usually in reference to a specific return period storm or design storm.
      PERMANENT STABILIZATION. The establishment, at a uniform minimum of 70% across the disturbed areas, of vegetative cover or permanent non-erosive material that ensures the resistance of the underlying soil to erosion, sliding, or other movement.
      PHASING OF CONSTRUCTION. Sequential development of smaller portions of a large project site, stabilizing each portion before initiating land disturbing activities on the next portion, to minimize exposure of land to erosion.
      PROJECT SITE. The entire area on which construction activity will be performed.
      PROJECT SITE OWNER. The person or entity required to submit an NOI under 327 I.A.C. 15-5 (Rule 5), and includes the following entities: A developer, or a person who has financial and operational control of construction activities, project plans and specifications, and the ability to modify or cause modification of project plans and specifications, and the ability to modify or cause modification of project plans and specifications for a project site.
      RULE 5. 327 I.A.C. 15-5, the Indiana Administrative Rule, as adopted in 2003, requiring NPDES permits for construction activities disturbing 1 acre or greater of land, and to follow specific planning and management requirements regarding storm water quality and quantity.
      RULE 13. 327 I.A.C. 15-13, the Indiana Administrative Rule implementing the NPDES Phase II unfounded federal mandates requiring municipalities to implement specific minimum control measures (MCMs) regarding storm water runoff from land use activities in urbanized areas.
      RUNOFF. An accumulation of storm water flow that is moving across the surface of the earth as sheet flow or concentrated flow in natural surface watercourses, drains, or waterways.
      SEDIMENT. Solid material, both organic and mineral, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
      SEDIMENTATION. The settling and accumulation of unconsolidated sediment carried by storm water runoff.
      SOIL. The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium of vegetative growth.
      SOIL AND WATER CONSERVATION DISTRICT or SWCD. A political subdivision established under I.C. 14-32.
      STATE WATERS. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.
      STORM WATER DEPARTMENT MANAGER. The Storm Water Department responsible person of the Town of Chandler or his or her designee.
      STORM WATER POLLUTION PREVENTION PLAN or SWP3. A document which describes the Best Management Practices (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 discharges to the MS4 or state waters or waters of the United States to the maximum extent practicable.
      STORM WATER QUALITY MEASURE. A practice or combination of practices to control or minimize pollutants associated with storm water runoff.
      STORM WATER RUNOFF or STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from the precipitation.
      STRIP DEVELOPMENT. A multi-lot project where building lots front on an existing road.
      STRUCTURAL STORM WATER CONTROL. A structural storm water management facility or device that controls storm water runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
      TEMPORARY STABILIZATION. The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive materials applied at a uniform minimum density of 70% across the disturbed areas of a project site.
      TOWN OF CHANDLER ENGINEER. The Engineer of the Town of Chandler, or engineering contractor hired by the Town of Chandler or his or her designee.
      TOWN OF CHANDLER MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. Any facility designed or used for collecting and/or conveying storm water, including but not limited to any roads with drainage systems, highways, Town of Chandler streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural storm water controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs, and other drainage structures which is:
         (a)   Owned or maintained by the Town of Chandler;
         (b)   Not a combined sewer; and
         (c)   Not part of a publicly-owned treatment works.
      TRACKING. The movement and re-depositing of dirt, mud, aggregate, sediment, or other storm water pollutants from a project site by the actions of wheels, tires, skids, tracks, or other surface contact components of cars, trucks, and heavy equipment, or material and personnel transport conveyances.
      TRAINED INDIVIDUAL. A person who in accordance with a definition given by IDEM in 327 I.A.C. 15-5 (Rule 5) is sufficiently trained and experienced in the principles of storm water quality, including erosion and sediment control, as may be demonstrated by state registration, professional certification, experience or completion of course work that enable the individual to make judgments regarding storm water control or treatment and monitoring.
      UNDISTURBED PROPERTY. Real property, which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities, which have disturbed or altered the topography or soils on the property.
(Ord. 2006-6, passed - -; Am. Ord. 2008-10, passed 11-17-2008)