For purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED PLANS. Plans approved by the storm water utility according to a permit and plan review by the storm water utility which will govern all improvements made within the town that require storm water facilities or changes or alterations to existing storm water facilities.
AUTHORIZED ENFORCEMENT AGENCY. The Lowell Storm Water Management Board (see § 34.45), through its Lowell MS4 Operator or his or her designees.
BEST MANAGEMENT PRACTICES (BMPs). Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of storm water runoff. The term includes schedules of activities, prohibitions of practice, treatment, requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices.
CLEAN WATER ACT. The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.
CODE. Town of Lowell Municipal Code.
CONTIGUITY. An entity’s proximity to a designated MS4 area in such a way that it allows for direct discharges of storm water runoff into the regulated MS4 conveyance.
CONVEYANCE. Any structural process for transferring storm water between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. These activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
COUNTY REGULATED DRAIN. Part of the storm water conveyance system under the jurisdiction of the Lake County Drainage Board, including certain ditches, tiles, and sewers.
DESIGN STORM. A rainfall event of specified size and return frequency that is used to calculate the runoff volume from an area and the capacity and peak discharge rate of a BMP.
DETENTION. The temporary storage of storm water runoff in a basin, pond or other structure to control the peak discharge rate to the MS4 by holding the storm water for a period of time and controlling the outflow.
DIRECTOR. A person appointed by the Town Council to undertake the tasks and responsibilities set forth by this chapter, who shall serve at the discretion of the Council.
DISPOSAL. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
DRAIN. Any separated storm sewer, tile, ditch, stream, swale or other storm water conveyance, channel or conduit.
EXEMPT DRAIN. Drains that are regulated by the Lake County Drainage Board.
GARBAGE. All animal solid, vegetable solid, and semi-solid wastes resulting from the processing,handling, preparation, cooking, serving or consumption of food or food materials.
HAZARDOUS WASTE. 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 CONNECTION. 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 conveyance which allows any non- storm water discharge including sewage, process wastewater, effluent, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains, washing machines, bathtubs, and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by any enforcement agency.
(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 an authorized enforcement agency.
ILLICIT DISCHARGE. Any discharge to an MS4 conveyance that is not composed entirely of storm water, except naturally occurring floatables, such as leaves or tree limbs.
IMPERVIOUS AREA. Real property that has been paved and/or covered with buildings and impervious materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop and compacted gravel, such that natural infiltration of water into the soil is prevented.
INDUSTRIAL ACTIVITY. An activity subject to NPDES industrial permits as defined in 40 C.F.R. pt. 122.26(b)(14).
INFILTRATION. A process by which storm water percolates into the ground.
LOT/PARCEL. A part or portion of land having a distinct legal description that is formally set forth in a conveyance instrument.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, swales or storm drains):
(1) Owned or operated by a city, town, borough, county, parish, district, association or other public body (created by or pursuant to State law);
(2) Designed or used for collecting, conveying or otherwise managing or treating storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the EPA or the Indiana Department of Environmental Management 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-STORM WATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of storm water.
PEAK DISCHARGE. The maximum rate of flow of water passing a given point during or after a rainfall event.
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.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, solvents; oil and automotive fluids; non- hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles or accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, effluent, fecal coliform, E. coli, 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.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
PROPERTY CLASS CODE. A three-digit land use code number generated from the Lake County Assessors offices used to differentiate properties’ use and primary purpose. For purposes of the town’s storm water utility user fee, this property class code will be used to determine each parcels’ monthly user fee.
PUBLIC STORM WATER FACILITIES. The various storm water and drainage works under the control and/or ownership of the town, county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, swales or other structural components and equipment designed to transport, move, hold, treat or regulate storm water.
RETENTION. The holding of storm water runoff in a constructed basin or pod or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.
STORM DRAINAGE 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, detention and other drainage structures.
STORM SEWER. A sewer designed or intended to convey only storm water, surface runoff and drainage, and not intended for sanitary sewage and industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry storm water only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a stream, lake, watercourse, ditch or combined sewer.
STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from that precipitation.
STORM WATER POLLUTION PREVENTION PLAN. A document which describes the best management practices (BMPs) and activities to be implemented by a person or business to identify the source 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.
STORM WATER SYSTEM. All constructed facilities, structures and watercourses under the ownership and/or control of the town and/or the storm water utility, used for collecting, storing and conducting storm water to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, swales, retention and detention basins and pumping stations; and excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the Lake County Drainage Board or under ownership other than the town.
STORM WATER UTILITY USER FEE. A charge imposed on users of the town’s public storm water facilities and storm water system.
STORM WATER UTILITY CUSTOMER/USER. The owner of a lot or parcel of land located within the town.
SUBDIVISION GROUP. All of the parcels of land within a platted development.
TLSWMD. Town of Lowell Storm Water Management Department.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(Ord. 2005-02, passed 1-24-05; Am. Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)