As used in this Chapter, the following terms mean:
(a) Best Management Practices: Management practices to prevent or reduce the direct and indirect discharge of pollutants to storm water, receiving waters and storm water conveyance systems that have been evaluated and judged effective by the Environmental Protection Agency or studies undertaken by universities, industrial trade associations or other qualified authorities and approved for use by the City Administrator. Best Management Practices include general practices to assure good housekeeping, pollution prevention and effective public education and more specific schedules of required and prohibited activities, maintenance procedures, operating procedures and/or treatment practices to control site runoff, minimize spillage and leaks, control drainage from raw materials storage and assure that sludge and waste waters are disposed of in a manner that is not injurious to the environment.
(b) City: The municipal government of the City of Defiance, Ohio, acting by and through its duly authorized officials and employees.
(c) City Engineer: A Registered Professional Engineer in the State of Ohio employed by or acting on behalf of the City of Defiance and his or her designees.
(d) Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), as presently enacted and all subsequent amendments thereto.
(e) Construction Activity: All activities subject to NPDES Construction Permit requirements. Currently these include construction projects resulting in disturbance of 1 or more acres of land. Such activities include, but are not limited to: clearing and grubbing, grading, excavating, and demolition.
(f) Environmental Protection Agency: United States Environmental Protection Agency (USEPA) or the Ohio Environmental Protection Agency (Ohio EPA) and all duly authorized officials, employees and representative of either agency.
(g) Hazardous Materials: Any material, substance, waste, or combination thereof which, due to its quantity, concentration, or physical, chemical, biologic or infectious characteristics, may cause a substantial hazard to human health or safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(h) Illegal Connection: Any surface channel, swale, ditch or other drainage conduit and any subsurface drain or conveyance, regardless of whether or not previously allowed, permitted or approved by an authorized enforcement agency, that:
(1) Allows an illicit discharge to enter the Municipal Separate Storm Sewer System;
(2) Connects any sink to the Municipal Separate Storm Sewer System;
(3) Connects any indoor drain to the Municipal Separate Storm Sewer System; or,
(4) Serves as a conduit for drainage from a commercial or industrial land use to the Municipal Separate Storm Sewer System unless the existence of such conduit has been documented in plans, maps, or equivalent records of an authorized enforcement agency and the use of that conduit as a storm water drain has been approved by that agency.
(i) Illicit Discharge Shall be accorded the definition provided by 40 C.F.R. 122.26(b)(2) and includes all direct and indirect discharges of non-stom water to the Municipal Separate Storm Sewer System except discharges expressly permitted by Section 927.03(d) of the Codified Ordinances.
(j) Industrial Activity: Any activity that is subject to NPDES Industrial Permit regulations as defined in 40 CFR, Section 122.26(b)(14).
(k) Municipal Separate Storm Sewer System: All facilities presently existing or hereafter established for the conveyance or storage of storm water including, but not limited to, all streets and roads with drainage systems and their appurtenant ditches, curbs, gutters and inlets; piped storm drains, pumping facilities, retention and detention basins, natural and human-made water courses and drainage channels, reservoirs, and other drainage structures.
(l) MS4: The Municipal Separate Storm Sewer System.
(m) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: Any permit issued by the Environmental Protection Agency that authorizes the discharge of pollutants to waters of the United States or State of Ohio, whether the permit is applicable on an individual, group, or general area-wide basis.
(n) Non-Storm Water Discharge: Any discharge to the MS4 that is not composed entirely of storm water.
(o) Outfall: Any point of discharge into a watercourse or other body of surface or groundwater.
(p) Person: Means any individual, firm, company, association, society, corporation, group, organization, partnership, limited partnership, joint stock company, trust, estate, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by context.
(q) Pollutant: Anything which 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 and solid wastes and yard wastes; refuse, rubbish, garbage, litter and other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatable materials; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, 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.
(r) Premises: Any building or parcel of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
(s) Storm Water: Any surface flow, runoff or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
(t) Stormwater Pollution Prevention Plan: A document that describes Best Management Practices and other activities to be implemented by a person to identify sources of pollution or contamination at a designated site and the actions required to eliminate or reduce pollutant discharges to storm water, MS4, and/or Waters of the State to the Maximum Extent Practicable.
(u) Wastewater: Any water, other than uncontaminated storm water, discharged from residential, commercial, industrial or otherwise improved premises.
(v) Watercourse: A natural or artificial channel through which water continuously or intermittently flows.
(w) Waters of the State: All streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, situated wholly or partly within, or bordering on, the State of Ohio or are otherwise within its jurisdiction, except private waters that do not combine or effect a junction with natural surface or underground waters.
(Ord. 7385. Passed 4-3-12.)