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 for, 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 HPDES 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.
COUNTY. Includes the county, acting through its duly appointed, qualified, and acting advisory Plan Commission, together with the officers, employees, attorneys, and designees of said Commission.
ILLICIT DISCHARGE. Any discharge to a municipal separate storm sewer system (MS4) or any discharge directly or indirectly into waters of the state that is not composed entirely of stormwater, except discharges pursuant to a national pollutant discharge elimination system permit (other than the county’s NPDES stormwater permit), or otherwise defined by this chapter.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
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 human-made or altered drainage channels, reservoirs; and other drainage structures; and which is:
(1) Owned or maintained by the county;
(2) Not a combined sewer; and
(3) Not part of a publicly-owned treatment works.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER 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.
NON-STORM WATER 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.
RESPONSIBLE PARTY. The person causing or permitting a prohibited discharge in violation of this chapter, or the person in control of, or having the right to control, the property or premises from which a prohibited discharge has occurred.
STANDARD OF PRACTICE FOR RESIDENTIAL CONSTRUCTION STORMWATER MANAGEMENT.
(1) 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 county.
(2) In the event that this document is not published, then the Indiana Stormwater Quality Manual (1985) 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. 2019-25, passed 10-15-2019)