1050.01   DEFINITIONS.
   Unless explicitly stated otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
   (a)   "Agricultural storm water runoff" means any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR § 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR § 122.24.
   (b)   "Best management practices (BMP)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
   (c)   "CFR" means the Code of Federal Regulations.
   (d)   "Contaminated" means containing a harmful quantity of any substance.
   (e)   "Contamination" means the presence of or entry into a public water supply system, the MS4, waters of the state, or waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water.
   (f)   "Cosmetic cleaning" means cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
   (g)   "Discharge" means any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States.
   (h)   "Discharger" means any person who causes, allows, permits, or is otherwise responsible for a discharge, including without limitation, any operator of a construction site or industrial facility.
   (i)   "Environmental Protection Agency or EPA" means the United States Environmental Protection Agency, or any duly authorized official of said agency.
   (j)   "Facility," as used in Section 1050.08 of this chapter, means any facility, including construction sites, required by the Federal Clean Water Act to have a permit to discharge storm water associated with industrial activity.
   (k)   "Fire Department" means the Fire Department of the Village of Grafton, or any duly authorized representative thereof.
   (l)   "Fire protection water" means any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire.
   (m)   "Harmful quantity" means the amount of any substance that will cause pollution of waters in the state, waters of the United States, or the MS4.
   (n)   "Municipal separate storm sewer system (MS4)" means 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 Village and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
   (o)   "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act.
   (p)   "NOI" means Notice of Intent.
   (q)   "Non-point source" means any source of any discharge of a pollutant that is not a "point source."
   (r)   "Notice of intent" means the Notice of Intent that is required by the NPDES Storm Water Multi-Sector General Permit, the EPA Region 5 NPDES Storm Water Construction general permit, or any similar general permit to discharge storm water associated with industrial activity that is issued by the EPA.
   (s)   "NPDES" means the National Pollutant Discharge Elimination System.
   (t)   "NPDES permit" means a permit issued by EPA (or by the state under authority delegated pursuant to 33 USC § 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.
   (u)   "Operate" means drive, conduct, work, run, manage, or control.
   (v)   "Operator," as used in Section 1050.08 of this chapter, means the party or parties that either individually or taken together meet the following two criteria:
      (1)   They have operational control over the site specifications (including the ability to make modifications in specifications); and
      (2)   They have the day-to-day operational control of those activities at the site necessary to ensure compliance with SWPPP requirements and any permit conditions.
   (w)   "Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
   (x)   "pH" means the logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution expressed in standard units.
   (y)   "Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
   (z)   "Pollutant" means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system.
   (aa)   "Pollution" means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
   (bb)   "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the municipal separate storm sewer system (MS4), the water of the state, the waters of the United States.
   (cc)   "State" means the State of Ohio.
   (dd)   "Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
   (ee)   "Storm water discharge associated with industrial activity" means the discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR pt. 122. For the categories of industries identified in paragraphs (1) through (10) of this definition, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR pt. 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the categories of industries identified in paragraph (11) of this definition, the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water. For the purposes of this definition, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are Federally, state, or municipally owned or operated that meet the description of the facilities listed in paragraphs (1) through (11) of this definition) include those facilities designated under the provisions of 40 CFR § 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity":
      (1)   Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR subch. N (except facilities with toxic pollutant effluent standards which are exempted under category (11) of this definition);
      (2)   Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373;
      (3)   Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR § 434.11(1) because the performance bond issued to the facility by the appropriate federal Surface Mining Control and Reclamation Act (SMCRA) authority has been released, or except for areas of non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, by-products or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim);
      (4)   Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of the federal Resource Conservation and Recovery Act (RCRA);
      (5)   Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA;
      (6)   Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093;
      (7)   Steam electric power generating facilities, including coal handling sites;
      (8)   Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (1) through (7) or (9) through (11) of this definition are associated with industrial activity;
      (9)   Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR pt. 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the federal Clean Water Act;
      (10)   Construction activity including clearing, grading and excavation activities except operations that result in the disturbance of less than five acres of total land area, which are not part of a larger common plan of development or sale;
      (11)   Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within categories (2) through (10) of this definition).
   (ff)   "Storm water pollution prevention plan" means a plan required by a permit to discharge storm water associated with industrial activity, including construction, and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility.
   (gg)   "SWPPP" means storm water pollution prevention plan.
   (hh)   "TSS (total suspended solids)" means solids that either float on the surface, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter.
   (ii)   "Uncontaminated" means not containing a harmful quantity of any substance.
   (jj)   "USC" means United States Code.
   (kk)   "Village" means the Village of Grafton, Ohio.
   (ll)   "Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
   (mm)   "Water in the state" means ground-water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
   (nn)   "Waters of the United States" means all waters which are currently used, were used in the past, or maybe susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
   (oo)   "Wetland" means an area that is inundated or saturated by surface or ground-water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
   (pp)   "Total maximum daily loads (TMDL)" is the calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that particular pollutant. A TMDL determines a pollutant reduction target and allocates load reductions necessary to the source(s) of the pollutant.
   (qq)   "Total phosphorus (TP)" is an essential nutrient for plants and animals. It is naturally limited in most freshwater systems because it is not as abundant as carbon and nitrogen; introducing a small amount of additional phosphorus into a waterway can have adverse effects. Sources of phosphorus include soil and rocks, wastewater treatment plants, runoff from fertilized lawns and cropland, runoff from animal manure storage areas, disturbed land areas, drained wetlands, water treatment, decomposition of organic matter, and commercial cleaning preparations. The addition of even a small amount of phosphorus to a water body can have negative consequences for water quality. Those adverse effects include algae blooms, accelerated plant growth, and low dissolved oxygen from the decomposition of additional vegetation.
(Ord. 03-004. Passed 2-18-03; Ord. 21-015. Passed 9-21-21.)