§ 154.045 DEFINITIONS.
   (A)   Statutory definitions. If any term or provision contained in 327 I.A.C. 15-5-4 or 327 I.A.C. 15-13-5 is used in this subchapter, then the term or provision shall have the same meaning in this subchapter as set forth in 327 I.A.C. 15-5-4 or 327 I.A.C. 15-13-5.
   (B)   Subchapter definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOARD. The Board of the County Department of Storm Water Management.
      COUNTY. The County of Elkhart, Indiana.
      DEPARTMENT. The County Department of Storm Water Management.
      FACILITY. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
      HAZARDOUS SUBSTANCES. 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.
      ILLEGAL CONNECTION. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process waste water and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
      ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge to the MS4, except as exempted in § 154.047(B) of this subchapter.
      MS4. The county municipal separate storm sewer system.
      NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
      NON-STORM WATER DISCHARGE. Any discharge to the storm water, storm drainage system or MS4 that is not composed entirely of storm water.
      PERSON. Any individual, association, organization, partnership, firm, company, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
      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 or other discarded or abandoned objects, ordinance and accumulations, so that same may cause or contribute to pollution; floatables; (excluding naturally floatables such as leaves or tree limbs); 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.
      STORM WATER DRAINAGE SYSTEM. All methods, natural or human-made, used for conveying storm water to, through or from a drainage area to include any of the following: conduits and appurtenant features; canals; channels; ditches; streams; culverts; streets; or pumping stations.
      STORM WATER RUNOFF. The water derived from precipitation falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
(Prior Code, § 36-9-28.5-4) (Ord. 06-293, passed 6-5-2006, 2006 COM REC 293–303)