For the purposes of this subchapter, the following words and phrases shall have the meaning set forth in this section:
   "AUTHORIZED ENFORCEMENT AGENCY." Employees or designees of the MS4 operator designated to enforce this subchapter.
   "AUTHORIZED PERSONNEL." The city MS4 operator, or any employees, or designees of the said MS4 operator, designated to inspect, monitor, and/or enforce this subchapter.
   "AVERAGE ANNUAL RAINFALL." A typical calendar year of precipitation, excluding snowfalls.
   "BEST MANAGEMENT PRACTICES (BMPS)." Schedules of activities, prohibitions of practices, general good housekeeping measures, pollution prevention and educational practices, maintenance procedures, 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 structural and non-structural treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, and drainage from raw materials storage.
   "BOARD." The city Board of Public Works and Safety.
   "COMBINED SEWER SYSTEM." A sewer system which carries both stormwater runoff and sanitary sewage within the same conveyance.
   "CONSTRUCTION ACTIVITY." Construction activity may include any clearing, construction, demolition, dewatering, digging, drainage installation, dredging, excavation, filling, grading, grubbing, paving, stripping, removal of vegetation, and transporting of soil.
   "CONSTRUCTION SITE." Any location where construction activity occurs.
   "CONTRACTOR." Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipework, paving, building, plumbing, mechanical, electrical, landscaping or material supply.
   "CLEARING." Any activity that removes the vegetative surface cover.
   "CITY." City of Kokomo, Indiana.
   "DESIGN STORM." A hypothetical rainfall event characterized by specific duration, temporal distribution, rainfall intensity, return frequency, and total depth or quantity of rainfall.
   "DEVELOPMENT." The conversion of existing agricultural, fallow, or wooded lands to a commercial, industrial, municipal, residential, institutional, or roadway land usage.
   "DISTURBED AREA." That area of the land's surface disturbed by any work or activity upon the property by grading; excavating; stockpiling; filling; clearing; vegetation removal; removal or deposition of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use.
   "EARTHWORK." The disturbance of soil on a site associated with clearing, grading, or excavation activities.
   "EROSION." The detachment and movement of soil particles by water, wind, ice or gravity.
   "EROSION CONTROL." Measures that prevent soil erosion to the maximum extent practicable.
   "FINAL STABILIZATION." When all land disturbing activities at the construction site are completed; and a uniform perennial vegetative cover, or employment of equivalent permanent stabilization measures, have been established with a density of at least 70% for all areas unpaved or not covered by structures.
   "FINANCIAL GUARANTEE." A maintenance bond, performance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Board of Public Works and Safety by the responsible party, to assure that requirements of the subchapter are carried out in compliance with the stormwater management plan.
   "GRADING." Leveling of excavated or fill material, including the resulting conditions thereof.
   "IMPERVIOUS SURFACE." Any material or area that releases all or a large portion of the precipitation that falls upon it as runoff.
   "INFILTRATION." The entry of precipitation or runoff into or through the soil.
   "INFILTRATION SYSTEM." A device or practice designed to specifically encourage infiltration, such as basins, rainwater gardens, stormwater swales, etc.
   "MAINTENANCE AGREEMENT." A legal document that provides for long-term maintenance of stormwater management practices.
   "MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)." Publicly-owned facilities by which stormwater is collected and/or conveyed, including any roads or municipal streets with drainage systems, catch basins, inlets, gutters, piped storm drains, pumping facilities, detention and retention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures within the MS4 area.
   "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT." A permit issued by the EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the state, 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 storm water.
   "OPERATOR." The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of "OPERATOR" and the pertinent portions of any applicable permit will be transferred as the roles change.
   "OWNER." The person who owns a facility, development, part of a facility, or land.
   "PERVIOUS SURFACE." Any surface area that absorbs part of the precipitation that falls upon it, and releases a smaller portion as runoff which may include: grassed lawns, grassed channels, gardens, wooded areas, pervious pavement, etc.
   "PHASING." Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
   "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; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, 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 particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; wastes and residues that result from mobile washing operations; and noxious or offensive matter of any kind.
   "POST-CONSTRUCTION STATUS." Following the completion of land disturbing activity and final site stabilization site, after the construction phase has been completed.
   "PRE-DEVELOPMENT CONDITION." The extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land use prior to development activity was managed in an environmentally sound manner.
   "REDEVELOPMENT." Any construction, alteration or improvement performed on a previously developed site.
   "RESPONSIBLE PARTY." Any association, cooperative, corporation, firm, individual, limited liability company, organization, partnership, or other entity recognized by law holding fee title to a property.
   "SEDIMENT." Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.
   "SEDIMENT CONTROL." Measures that prevent eroded sediment from leaving the site.
   "SITE." The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
   "SPILL." A release of solid or liquid material, which may cause pollution of any MS4 conveyance, or any waters of the State of Indiana.
   "STABILIZATION." The use of practices that prevent exposed soil from eroding.
   "STORMWATER." Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   "STORMWATER MANAGEMENT PLAN (SWMP)." A document which describes the Best Management Practices and activities to be implemented by a person during the construction activities, which identifies sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
   "STORMWATER POLLUTION PREVENTION PLAN." A plan that indicates the specific measures and sequencing to be used for controlling stormwater runoff and sediment/erosion control on a development site during and after construction activity.
   "SUBDIVISION DEVELOPMENT." Includes activities associated with the platting of any parcel of land into lots and all construction activity taking place thereon.
   "TECHNICAL STANDARD." An approved document that specifies the design, predicted performance, operation and maintenance, and specifications for a material, device, or method.
   "UTILITY AGENCY/CONTRACTOR." Private utility companies, public utility departments, or other utility providers contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.
   "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. 6473, passed 4-9-07)