§ 52.02  DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCELERATED EROSION. Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
   APPLICANT. A property owner or agent of a property owner who has filed an application for a stormwater management permit.
   BEST MANAGEMENT PRACTICE or BMP. Any structural or non-structural control measure utilized to improve the quality and, as appropriate, the quantity of stormwater runoff.
   BUILDING.  Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
   CHANNEL.  A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
   COUNTY. The County of LaPorte, Indiana.
   DEDICATION. The deliberate appropriation of property by its owner for general public use.
   DETENTION. The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
   DETENTION FACILITY.  A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
   DEVELOPER. A person who undertakes land disturbance activities.
   DRAINAGE EASEMENT.  A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
   EROSION AND SEDIMENT CONTROL PLAN (ESCP). A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
   FEE IN LIEU.  A payment of money in place of meeting all or part of the stormwater performance standards required by this subchapter.
   HOTSPOT. An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
   HYDROLOGIC SOIL GROUP (HSG). A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from “A” soils, with high permeability and little runoff production, to “O” soils, which have low permeability rates and produce much more runoff.
   IMPERVIOUS COVER. Those surfaces that cannot effectively infiltrate rainfall (such as building rooftops, pavement, sidewalks, driveways, and the like).
   INDUSTRIAL STORMWATER PERMIT. A National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies.
   INFILTRATION. The process of percolating stormwater into the subsoil.
   INFILTRATION FACILITY.  Any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
   JURISDICTIONAL WETLAND. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
   LAND DISTURBANCE ACTIVITY.  Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or manmade watercourse.
   LANDOWNER. The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
   MAINTENANCE AGREEMENT. A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
   MS4 ADVISORY COMMITTEE. Those appointed representatives of the municipal and county entities who administer the MS4 Program under the permit issued by IDEM.
   HMS4 COORDINATOR. A designated representative of the county responsible for assisting in the implementation and management of the Stormwater Quality Management Program for the County.
   NON-POINT SOURCE POLLUTION.  Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silviculture, mining, construction, subsurface disposal and urban runoff sources.
   OFFSET FEE.  A monetary compensation paid to a local government for failure to meet pollutant load reduction targets.
   OFF-SITE FACILITY.  A stormwater management measure located outside the subject property boundary described in the permit application for land development activity.
   ON-SITE FACILITY.  A stormwater management measure located within the subject property boundary described in the permit application for land development activity.
   RECHARGE.  The replenishment of underground water reserves.
   REDEVELOPMENT.  Any construction, alteration or improvement equal to or greater than 43,560 square feet (one acre) in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.
   RULE 5 and RULE 13. Respectively, 327 IAC 15-5 and 327 IAC 15-13. The Indiana Department of Environmental Management (IDEM) has the authority to administer the Erosion Control Program under RULE 5. When IDEM approves the transfer of the Erosion Control Program to MS4 entities, such authority will be by RULE 13 in the MS4 areas only, RULE 5 will continue to apply to non-MS4 areas of the state. The issuance of an authorization letter by IDEM will determine which rule will have precedence or apply.
   STOP WORK ORDER.  An order issued which requires that all construction activity on a site be stopped.
   STORMWATER MANAGEMENT.  The use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality habitat.
   STORMWATER RETROFIT. A stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.
   STORMWATER RUNOFF.  Flow on the surface of the ground, resulting from precipitation.
   STORMWATER TREATMENT PRACTICES (STPs).  Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies.
   WATER QUALITY VOLUME (WQv). The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically, WQv will vary as a function of long-term rainfall statistical data.
   WATERCOURSE.  A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
(Ord. 2007-05, passed 4-17-07)