For purpose of this subchapter, the following terms shall have the meaning herein indicated:
(a) “Acre.” A measurement of area equaling 43,560 square feet.
(b) “Authorized enforcement agency.” Employees or designees of the director of the municipal agency designated to enforce this subchapter.
(c) “Best management practices (BMPs).” Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to minimize soil erosion and sedimentation and to prevent or reduce the pollution of water resources and wetlands, BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(d) “Clean Water Act.” The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
(e) “Community.” City of Ironton and its designated representatives, boards, or commissions.
(f) “Construction activity.” NPDES storm water permits are required for 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. All construction activities must conform to the most current OEPA regulations for construction activity.
(g) “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
(h) “Erosion.” The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(i) “Erosion and sediment control.” The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(j) Hazardous materials.” Any material, including any substance, 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 of, or otherwise managed.
(k) Illegal discharge.” Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this subchapter.
(l) “Illicit connections.” Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-storm water discharge, including sewage, process wastewater, and wash water to enter the storm drain system, 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 any drain or conveyance connected from a 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.
(m) “Industrial activity.” Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
(n) “Larger common plan of development or sale.” A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(o) “MS4 (Municipal Separate Storm Sewer System).” Publicly-owned 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, ditches, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(p) “National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit.” A permit issued by EPA (or by a 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.
(q) “Non-storm water discharge.” Any discharge to the storm drain system that is not composed entirely of storm water.
(r) “NPDES.” National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(s) “Ohio EPA NPDES general construction permit.” A permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters.
(t) “Person.” Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
(u) “Pollutant.” Anything which causes or contributes to pollution. “Pollutants” may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; 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.
(v) “Premises.” Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
(w) “Rainwater and Land Development Manual (RWLD).” Issued by Ohio Department of Natural Resources. The RWLD Manual contains Ohio's minimum technical standards for post construction storm water quality and erosion and sediment control standards. The most current edition of these standards shall be applicable with this chapter.
(x) “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(y) “Sediment.” The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(z) “Sedimentation.” The deposition or settling of sediment.
(aa) “Setback.” A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil-disturbing activities in this area are restricted by this subchapter.
(bb) “Soil-disturbing activity.” Clearing, grubbing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(cc) “Soil erodibility.” The susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. “Soil erodibility” factors are available in the County Soil Survey.
(dd) “Stream.” A surface water course with a well defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.
(ee) “Storm water.” Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(ff) “Storm Water Pollution Prevention Plan.” A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
(gg) “Storm Water Pollution Prevention Plan Checklist.” Details the minimum requirements of a SWP3 this document is available from the authorized agency or Ohio EPA.
(hh) “Wastewater.” Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(ii) “Water resource.” Any public or private body of water, including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(jj) “Wetland.” Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (33 C.F.R. part 328, as amended).
(kk) “Wetland professional.” An individual with training and experience in wetland delineation acceptable to the U.S. Army Corp of Engineers.
(Ord. 08-111, passed 9-22-2008)