For the purposes of this subchapter, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPS).
Structural or nonstructural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. Traditional
STRUCTURAL BMPS
, including extended detention dry ponds, wet ponds, infiltration trenches, and sand filtration systems, are now common elements of most new development projects.
STRUCTURAL BMPS
rely heavily on gravitational settling and/or the infiltration of soluble nutrients through a porous medium for pollutant removal.
NONSTRUCTURAL BMPS
, which may be used independently or in conjunction with structural BMPs, rely on a much wider breadth of mechanisms to prevent or control NPS pollution.
NONSTRUCTURAL BMPS
range from programs that increase public awareness to prevent pollution, to the implementation of control-oriented techniques (such as bioretention and storm water wetlands) that utilize vegetation to enhance pollutant removal and restore the infiltrative capacity of the landscape.
CLEAN WATER ACT(CWA).
The federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), any subsequent amendments thereto; and all rules and regulations promulgated pursuant to the act.
CONSTRUCTION ACTIVITY.
Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more, as defined in the Indiana Annotated Code (IAC) by 327 IAC 15-5-1:12 (Rule 5). Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
FACILITY.
Any
FACILITY
, including construction sites, required by the Federal Clean Water Act to have a permit to discharge storm water associated with industrial activity.
HAZARDOUS MATERIALS.
Any material, including any substance, waste, or combination thereof, that, 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 DISCHARGE.
Any direct or indirect non-storm water discharge to the storm drainage system, except as exempted in § 53.25 of this subchapter.
ILLICIT CONNECTION.
Either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system, including but not limited to, any conveyances that allow any non-storm water discharge, including sewage, process wastewater, and waste water, to enter the storm drainage system, and any connection to the storm drainage system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by the town; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps or equivalent records and approved by the town.
INDUSTRIAL ACTIVITY.
Activities subject to NPDES industrial permits as defined by 327 1AC 15-6-1:12 (Rule 6).
MAXIMUM EXTENT PRACTICABLE (MEP). The statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The CWA requires that NPDES permits for discharges from MS4s “shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods.” This standard applies to all MS4s regulated under the Phase I and Phase II (Rule 13) storm water rules. Compliance with the conditions of Rule 13, and the series of steps associated with implementation of the required six minimum control measures, will satisfy the
MEP
standard. Compliance with the six minimum control measures requires the development and implementation of BMPs. Implementation of the BMPs includes not only the actions necessary to initiate and continue the use of specific control measures, but also the enforcement actions, as applicable, to ensure that the implementation of the control measures occurs.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by a state, town, county, tribe, district, association or other public body, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States (40 C.F.R. § 122.26(b)(8)).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the Indiana Department of Environmental Management (IDEM) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, a group, or on a general area-wide basis.
NON-STORM WATER DISCHARGE.
Any discharge to the storm drainage system that is not composed entirely of storm water.
NOTICE OF INTENT (NOT).
A written notification indicating a person’s intention to comply with the terms of a specified general permit rule in lieu of applying for an individual NPDES permit, and includes information as required under 327 IAC 15-3 and the applicable general permit rule.
PERSON.
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.
PERMIT HOLDER.
Any person, partnership, corporation or landowner who holds or has been issued an NPDES storm water discharge permit.
POLLUTANT. Anything that 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, solid wastes, 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, gray water, 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.
PREMISES.
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
RECEIVING WATERS.
Rivers, streams, lakes or any body of water into which wastewater is discharged.
STORM DRAINAGE SYSTEM.
Any publicly-owned or regulated drainage system within the jurisdiction of the permit holder by which storm water is collected and/or conveyed, including but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORM WATER CONVEYANCE SYSTEMS.
All storm sewer pipes, ditches, catch basins, and other structures, including retention and detention facilities.
STORM WATER.
Water resulting from rain, melting or melted snow, hail or sleet.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
A document that describes the best management practices 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 into storm water conveyance systems, and/or receiving waters, to the maximum extent practicable.
TOWN.
The employees or designee(s) of the Town of Cicero, Indiana, designated to enforce and administer this subchapter.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERS OF THE UNITED STATES.
A term used in federal regulations that defines all water bodies regulated as
WATERS OF THE UNITED STATES
. It includes:
(1) All waters which may be susceptible to use in interstate or foreign commerce;
(2) All interstate waters, including interstate wetlands;
(3) All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce, including any such waters;
(4) All impoundments of waters otherwise defined as
WATERS OF THE UNITED STATES
;
(5) Tributaries of waters identified in this section;
(6) The territorial seas; and
(7) Wetlands adjacent to waters.
WATERCOURSE.
A conduit through which water flows, a natural body of running water flowing on or under the earth, or a natural or artificial channel through which water flows.
(Ord. 06-18-2013-2, passed 6-18-13)