The following words and phrases, when used in this chapter, shall have the following meaning.
ADVERSE IMPACT. A material negative impact to the land, water and associated resources resulting from an illicit discharge. The negative impact includes degradation of water quality, increased sedimentation, reduced groundwater recharge, adverse effects on aquatic organisms and other resources and threats to public health.
AUTHORIZED ENFORCEMENT AGENCY. The Hopkinsville Surface and Storm Water Utility (SSWU), or its designated agent, will enforce the chapter.
BEST MANAGEMENT PRACTICES (BMP). Any structural or non-structural control measure used to improve the quality and, as appropriate, reduce the quantity of storm water runoff. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques and other management practices.
CHANNEL. A natural or constructed/humanmade watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water. CHANNEL FLOW is that water which is flowing within the limits of the defined channel.
CITY. The City of Hopkinsville, Kentucky.
CLEAN WATER ACT. Those federal regulations (33 U.S.C. §§ 1251 et seq. and as amended) that prohibit the discharge of pollutants to waters of the United States unless such discharge is in accordance with an approved National Pollutant Discharge Elimination System (NPDES) permit.
CONSTRUCTION ACTIVITY. Any activities subject to NPDES construction permits issued by the United States Environmental Protection Agency (USEPA) or the Kentucky Division of Water (KYDOW). Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONVEYANCE. Shall include, but not limited to, any of the following: blue line streams, channel, drainage basin, drainage way, drainage/dry well, ephemeral stream, flood plain, karst feature, public storm drain, storm drainage system, water body, watercourse or waterway.
DETENTION. Restraining the rate of storm water runoff through some natural or human-made device; the temporary delay of storm runoff prior to discharge into receiving waters.
DRAINAGE BASIN. A storage area to collect storm water.
DRAINAGE/DRY WELL. A bored, drilled, driven, dug or naturally occurring shaft or hole with a depth greater than the largest surface dimension; used to drain surface fluid, primarily storm water runoff, into a subsurface formation.
DRAINAGE SYSTEM CONNECTION PERMIT. A permit for connection to the MS4 or any conveyance within the city.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
EPHEMERAL STREAM. A stream or part of a stream that flows only in direct response to precipitation or snowmelt. Its channel is above the water table at all times.
FLOOD PLAIN. The relatively flat or lowland area adjoining a river, stream, watercourse, lake or other body of standing water, which has been or may be covered temporarily by floodwater. For purposes of this chapter, the FLOOD PLAIN is defined as the area encompassed by a 100-year storm having a 1% chance of being equaled or exceeded in any given year.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof which because of its quantity, concentration, physical, chemical or infectious characteristics may cause or significantly contribute to a potential hazard to human health or safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the MS4, or conveyance, except as exempted in the discharge exceptions/prohibitions section.
ILLICIT CONNECTIONS. Any of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 or conveyance. This includes, but is not limited to, any conveyances which allow any non-storm water discharge, including sewage, process waste water and wash water to enter the MS4 or conveyance; or
(2) Any connections to the MS4 or conveyance, regardless of whether said connection had been previously allowed, permitted or approved by the SSWU or any drain or connection from a commercial or industrial land use to the MS4 or conveyance which has not been documented in plans, maps or equivalent records and approved by the authorized enforcement agency.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14), as amended.
KARST FEATURE. Any cave, sinkhole, sinking stream, blue hole, crevice, spring, lost river, karst window or any other geologic feature associated with karst terrain.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Any physical inlet, natural or human-made, conveyance, storage basins or outfalls in which storm water is induced, conveyed, stored or discharged.
NPDES. The National Pollution Discharge Elimination System, under the umbrella of this chapter, a process under which the federal government, through the state governments, has required the city to establish the means and methods to eliminate the erosion of soils during and after the construction process, and the release of same to public waters.
NON-STORM WATER DISCHARGE. Any discharge to the MS4 or any conveyance that is not composed entirely of naturally occurring storm water.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
PLAN. A document approved at the site design phase that outlines the measures and practices used to control storm water runoff at a site.
POLLUTANT. Anything that causes or contributes to a violation of applicable water quality standards. POLLUTANTS may include, but are not limited to, paints, varnishes, solvents, oil or other automotive fluids,
non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, sediment and detergents so that same may cause or contribute to pollution. Pollutants may also include, but are not limited to, floatables, 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.
PREMISES. Any building, lot, parcel of land, easement or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
PUBLIC STORM DRAIN. The drain system provided by and maintained by the city that is designed to help convey naturally occurring storm water runoff. It also provides inlets for water to travel to holding areas attempting to remove excessive water from streets and other areas.
SEDIMENT. Solid material, both mineral and organic, that in suspension is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
STORM DRAINAGE SYSTEM. Drainage facilities by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, drain wells, karst feature or other conveyance.
STORM WATER. Any surface flow, runoff, ponding or drainage from any form of precipitation.
WASTE WATER. Any water or other liquid, other than naturally occurring storm water discharged from premises.
WATER QUALITY STANDARDS. Administrative regulations promulgated by the State of Kentucky establishing the designated use of a surface water and the water quality criteria necessary to maintain and protect that designated use (401 K.A.R. 5:002; 401 K.A.R. 5:031, as amended).
WATERCOURSE. Any body of water or conveyance, including, but not limited to, lakes, ponds, rivers, creeks, streams, karst features, drainage basins or bodies of water delineated by the city.
WATERWAY. A channel that directs surface runoff to a watercourse or conveyance.
(Ord. 36-2007, passed 11-20-2007)