For the purposes of this subchapter, the following shall mean:
   "AUTHORIZED ENFORCEMENT AGENCY." Employees or designees of the MS4 Operator designated to enforce this subchapter.
   "AUTHORIZED PERSONNEL." The City of Kokomo MS4 operator, or any employees, or designees of the said MS4 operator - designated to inspect, monitor, and/or enforce this subchapter.
   "BOARD." The City of Kokomo Board of Public Works and Safety.
   "BMP – BEST MANAGEMENT PRACTICES." Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of storm water run-off. The term includes schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. "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.
   "CLEAN WATER ACT." The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
   "CLEARING." Any activity that removes the vegetative surface cover.
   "CONSTRUCTION ACTIVITY." Land disturbing activities associated with the construction of infrastructure or structures.
   "CONSTRUCTION PLAN." An ordered collection of drawings, narratives, data and documents assembled for review, approval, authorization, and establishment of guidelines for the imitation, management, and completion of construction activities at a project site regulated by this subchapter. A stormwater pollution prevention plan is a part of the construction plan.
   "CONSTRUCTION PROJECT SITE." The physical location(s) or legal boundaries within which a construction activity or a series of construction activities is planned to be or is being accomplished.
   "CONSTRUCTION SITE ACCESS." A stabilized stone surface at all points of construction-related egress from a project site planned and installed in accordance with specification from an approved reference manual, and maintained throughout the period of land disturbing activities for the purpose of capturing and detaining sediment carried by tires, tracks, or other surface contact components of vehicles, earthmoving equipment, or material and personnel transport conveyances.
   "DRAINAGE WAY." Any channel that conveys surface stormwater runoff.
   "DEVELOPER." A project site owner or person financially responsible for construction activity; or an owner of property who sells, leases, or offers for sale or lease, any lot(s) in a subdivision or larger common plan of development or sale.
   "EROSION CONTROL." A measure that prevents erosion.
   "POLLUTION PREVENTION PLAN." A set of plans prepared by or under the direction of a licensed professional engineer or Certified Professional in Storm Water Quality (CPSWQ) indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
   "EROSION AND SEDIMENT CONTROL SYSTEM." Appropriate control measures combined to prevent or minimize the wearing away of soil, sediment, and rock fragments by water, wind, or ice, and to intercept detached or suspended particles to prevent their discharge from or within a project site.
   "FINAL STABILIZATION." The establishment of permanent vegetative cover or the application of a permanent, non-erosive material to areas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current plan.
   "GRADING." Excavation or fill of material, including the resulting conditions thereof.
   "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.
   "ILLICIT DISCHARGE." Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 54.04.
   "ILLICIT CONNECTION." An illicit connection is defined as either of the following: 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-stormwater 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.
   "INDIVIDUAL BUILDING LOT." A single parcel of land in a multi-parcel development.
   "LAND DISTURBING ACTIVITY." Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
   "MEASURABLE STORM EVENT." A precipitation event that results in a total measured accumulation of precipitation equal to or greater than one-half inch of rainfall.
   "MS4 - MUNICIPAL SEPARATE STORM SEWER SYSTEM." A system of stormwater conveyances 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, and other drainage structures - either owned, operated, or regulated by a governmental agency that IDEM has designated as responsible to eliminate or minimize pollutant loadings of the stormwater entering waters of the state.
   "MS4 AREA." Within this subchapter, the corporate limits of the City of Kokomo under an NPDES Permit regulated by 327 IAC 15-13.
   "MS4 OPERATOR." The person locally responsible for development, implementation, or enforcement of the Storm Water Quality Management Plan (SWQMP) for the City of Kokomo as regulated under 327 IAC 15-13.
   "NOTICE OF PLAN APPROVAL (NPA)." A notification from the MS4 operator to the project site owner that the construction plan for a project site has been reviewed and approved by the MS4 operator. The project site owner must insert the NPA with the notice of intent sent to the Director of IDEM at least 48 hours prior to initiating land disturbing activities at the construction project site.
   "NPDES." The National Pollutant Discharge Elimination System, a program administered by IDEM to reduce or eliminate the pollutant loadings into public waters.
   "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.
   "NON-STORMWATER DISCHARGE." Any discharge to the storm drain system that is not composed entirely of stormwater.
   "PEAK DISCHARGE." The maximum rate of flow from a point of stormwater discharge during or immediately following a storm event, usually in reference to a specific return period or 'design storm'.
   "PERIMETER CONTROL." A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
   "PERMANENT STABILIZATION." The establishment, at a uniform minimum of 70% across the disturbed areas, of vegetative cover or permanent non-erosive material that ensures the resistance of the underlying soil to erosion, sliding, or other movement.
   "PHASING OF CONSTRUCTION." Sequential development of smaller portions of a large project site, stabilizing each portion before initiating land disturbing activities on the next portion, to minimize exposure of land to erosion.
   "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.
   "RUNOFF." An accumulation of stormwater flow that is moving across the surface of the earth as sheet flow or concentrated flow in natural surface watercourses, drains, or waterways.
   "RESPONSIBLE PARTY." Any individual, association, organization, partnership, firm, corporation or other entity recognized by law as the owner, or acting as the owner's agent.
   "SEDIMENT." Solid material, both organic and mineral, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
   "SEDIMENTATION." The settling and accumulation of unconsolidated sediment carried by stormwater runoff.
   "SEDIMENT CONTROL." Measures that prevent eroded sediment from leaving the site.
   "SITE." A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
   "SITE DEVELOPMENT PERMIT." A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
   "START OF CONSTRUCTION." The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
   "STORMWATER POLLUTION PREVENTION PLAN." A plan developed to minimize the impact of stormwater pollutants resulting from construction and post-construction activities, identify sources of pollution or contamination at a site, and describe the Best Management Practices to be implemented by a person or business to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
   "STORMWATER." Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   "STORMWATER QUALITY MEASURE." A practice or combination of practices to control or minimize pollutants associated with stormwater runoff.
   "TEMPORARY STABILIZATION." The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive materials applied at a uniform minimum density of 70% across the disturbed areas of a project site.
   "TRACKING." The movement and re-depositing of dirt, mud, aggregate, sediment, or other stormwater pollutants from a project site by the actions of wheels, tires, skids, tracks, or other surface contact components of cars, trucks, heavy equipment, or material and personnel transport conveyances.
   "WASTEWATER." Any water, or other liquid mixed with water, other than uncontaminated stormwater, discharged from a site or facility.
   "WATERCOURSE." Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated within the city.
   "WATERS OF THE STATE." As defined in I.C. 13-11-2-265.
   "WATERWAY." A channel that directs surface runoff to a watercourse or to the public storm drainage system.
(Ord. 6472, passed 4-9-07)