§ 52.60 DEFINITIONS.
   For the purpose of this section the terms and definitions in § 151.04 shall apply except as herein stated and together with the following additional definitions:
   BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control, water quality, and permanent storm water management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies.
   DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the state in the city.
   EROSION. The process by which ground surface is worn away by action of wind, water, ice, or gravity.
   GROUNDWATER. Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfmed, or perched conditions, in near surface unconsolidated sediment or regolith, or rock formations deeper underground.
   MPCA. Minnesota Pollution Control Agency.
   MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
   NPDES. The National Pollutant Discharge Elimination System; the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (§§ 301, 318, 402 and 405) and 33 C.F.R. §§ 1317, 1328, 1342 and 1345 authorizing the discharge of pollutants to water of the United States.
   PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity.
   POLLUTANT. Any substance which, when discharged has potential to or does: interfere with state designated water uses; obstruct or cause damage to waters of the state; change water color, odor, or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; add an unnatural surface film on the water; adversely change other chemical, biological, thermal, or physical conditions, in any surface water or stream channel; degrade the quality of ground water; or harm human life, aquatic life, or terrestrial plant and wildlife. POLLUTANT includes dredged soil, solid waste, incinerator residue, garbage, wastewater, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance, and oxygen-demanding material.
   POLLUTE. To discharge pollutants into waters of the state.
   POLLUTION. The direct or indirect distribution of pollutants into waters of the state.
   PROHIBITED CONNECTION. Either of the following:
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including any non-storm water discharge including sewage, process wastewater, and wash water and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
      (2)   Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
   STATE. The State of Minnesota.
   STATE DESIGNATED WATER USES. Uses specified in state water quality standards.
   STORM SEWER SYSTEM. A conveyance or system of conveyances that is owned and operated by the city or other entity and designated or used for collecting or conveying storm water.
   STORM WATER. Precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage as defined under Minn. Rule 7077.0105, subpart 41(b).
   SURFACE WATERS. All waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage.
   UNLAWFUL DISCHARGE.
      (1)   A non-storm water discharge into the storm water system or a natural water, including but not limited to:
         (a)   Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materials, or structures;
         (b)   The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, including, but not limited to chemicals (fertilizers, herbicides, pesticides, and the like) or petroleum based products (gasoline, oil, fuels, solvents, paints, and the like);
         (c)   Erosion and sediment originating from a property and deposited onto city streets, private properties or into the storm water conveyance system, including those areas not specifically covered under an approved storm water management plan or storm water permit; and/or
         (d)   Failure to remove sediments transported or tracked onto city streets by vehicles or construction traffic within 24 hours of it being deposited on the street.
      (2)   For the purposes of this section, UNLAWFUL DISCHARGES do not include the following, unless information is available to indicate otherwise: water line flushing; landscape irrigation; diverted stream flows; rising ground water; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; de-chlorinated swimming pool discharges and street wash water.
(Ord. 581, passed 3-9-2009)