For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge or release prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Land disturbance activities subject to state NPDES General Construction Permits related to "Rule 13" or "Rule 5" or local permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
ILLICIT DISCHARGE. Any discharge to a municipal separate storm sewer system (MS4) that is not composed entirely of stormwater except discharges pursuant to a national pollutant discharge elimination system permit (other than town's NPDES stormwater permit) or otherwise defined by this chapter.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the Indiana Department of Environmental Management (IDEM) under delegated authority by the United States Environmental Protection Agency (USEPA), whether the permit is applicable on an individual, group, or general area-wide basis.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
(1) Owned or maintained by the town;
(2) Not a combined sewer; and
(3) Not part of a publicly-owned treatment works.
NON-STORMWATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of stormwater.
PERSON. Except to the extent exempted from this chapter, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
POLLUTANT. Anything of a chemical component or nature which causes or contributes to pollution.
POLLUTION. The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STANDARD OF PRACTICE FOR RESIDENTIAL CONSTRUCTION STORMWATER MANAGEMENT. A document that defines the management practices for erosion prevention, sediment control and other construction site waste management by which homebuilders may use as guidance and minimum expectations to be achieved during inspections by the town. In the event that this document is not published, then the Indiana Stormwater Quality Manual or the Indiana Handbook for Erosion and Sediment Control in Urban Areas developed by Indiana Department of Natural Resources (IDNR) may be used as an equivalent guide.
STORMWATER RUNOFF or STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STRUCTURAL STORMWATER CONTROL or BEST MANAGEMENT PRACTICE (BMP). A structural stormwater management facility or device that controls stormwater 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.
UNDILUTED DISCHARGES. A discharge that has not been mixed with that of another source such as another septic tank.
WATERS OF THE STATE. 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 person.
(Ord. 2004-SW-01, passed 11-9-04)