For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) BEST MANAGEMENT PRACTICES (BMPs). The schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters or storm water 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.
(B) CITY. The employees or designees of the City of Lawrence designated to enforce this chapter.
(C) CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
(D) CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbances of one acre or more or from sites smaller than one acre if the construction activity is part of a larger plan of development or sale that disturbs one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
(E) FACILITY. Any building including private homes, structure, installation, process or activity from which there is or may be a discharge of a pollutant.
(C) 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.
(D) ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 5-2-7-7(B).
(E) ILLICIT CONNECTIONS. Either of the following:
(1) 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, basement sump pumps and sinks, regardless of whether the drain or connection previously had been allowed, permitted or approved by the City; or
(2) 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 the City.
(F) ILLICIT DISCHARGE. See ILLEGAL DISCHARGE.
(G) INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14) and subject to 327 I.A.C. 15-6.
(H) MOBILE CLEANING OPERATIONS (or MOBILE WASHING). Power washing, steam cleaning and any other method of mobile cosmetic cleaning, including, but not limited to, vehicles, fabric, animals, including pets, and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.
(I) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). 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, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs and other drainage structures.
(J) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by the State of Indiana under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to the states’ watercourses, whether the permit is applicable on an individual, group or general area-wide basis.
(K) NON-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
(L) PERSON. Any individual, association, organization, partnership, firm, corporation, limited liability company or other entity recognized by law.
(M) POLLUTANT. Anything which causes or contributes to pollution.
(N) POLLUTION. The presence in a watercourse of any substances, contaminants or human-made or human-induced impairment of waters or alteration of the chemical, physical, biological or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.
(O) PREMISES. Any building, lot, parcel of land or portion of land (whether improved or unimproved), including adjacent sidewalks and parking strips.
(P) RECEIVING WATER. A waterbody that receives a discharge from an MS4 outfall. The term does not include private drains, unnamed conveyances, retention and detention basins or constructed wetlands used as treatment. It includes waters that are contained in or flow in or through the City.
(Q) SPILL. An unintentional release of solid or liquid material which may cause pollution of the MS4 or its receiving waters.
(R) STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from the precipitation.
(S) STORM DRAINAGE SYSTEM. See MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).
(T) STORM WATER POLLUTION PREVENTION PLAN or STORM WATER MANAGEMENT PLAN. A document which describes the Best Management Practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, MS4 and/or receiving waters to the maximum extent practicable.
(U) THREATENED DISCHARGE. A condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.
(V) WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(W) WATERCOURSE. A natural or artificial channel through which water can flow.
(Ord. 5, 2008, passed 5-5-2008)