1382.01 DEFINITIONS.

   For the purposes of this Chapter:

   (a)   “Best Management Practices“ or “BMPs” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

   (b)   “City“ means the City of Independence, its designated representatives, boards, or commissions.

   (c)   “Floatable Material“ means, in general, any foreign matter that may float or remain suspended in the water column and includes, but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

   (d)   “Hazardous Material“ means any material including any substances, 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, or otherwise managed.

   (e)   “Illicit Discharge“ means, as defined at C.F.R. 122.26(b)(2), any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1382.07 .

   (f)   “Illegal Connection“ means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

   (g)   “Municipal Separate Storm Sewer System“ or “MS4” means, as defined at 40 C.F.R. 122.26(b)(8), a conveyance or system or conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

      (1)   Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;

      (2)   Designated or used for collecting or conveying storm water;

      (3)   Which is not a combined sewer; and

      (4)   Which is not a part of a Publicly Owned Treatment Works as defined at 40 C.F.R. 122.2.

   (h)   “National Pollutant Discharge Elimination System Storm Water Discharge Permit“ or “NPDES Permit” means a permit issued by the USEPA (or by a State under authority delegated to 33 USC §1342(b)) that authorized the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

   (i)   “Off-Lot Discharging Home Sewage Treatment System“ means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

   (j)   “Ohio EPA“ means the Ohio Environmental Protection Agency.

   (k)   “Owner/Operator“ means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or on the owner’s behalf.

   (l)   “Pollutant“ means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

   (m)   “Storm Water“ means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

   (n)   “United States Environmental Protection Agency“ or “USEPA” means the United States Environmental Protection Agency or any duly authorized official of said agency.

   (o)   “Wastewater“ means the spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

      (Ord. 2007-54. Passed 12-11-07.)