For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “BEST MANAGEMENT PRACTICES (BMPs).”  Structural controls or devices, prohibitions or practices, maintenance procedures, and other management practices intended to prevent or reduce the discharge of pollutants, including sediment, directly or indirectly to a municipal separate storm sewer system.
   “BOARD.” The Board of Public Works and Safety for the City of Madison.
   “CITY.” The City of Madison.
   “CLEARING.”  Any activity that removes the vegetative surface cover.
   “CONSTRUCTION ACTIVITY.” Land-disturbing activities associated with the construction of infrastructure or structures. Construction activity does not include routine ditch or road maintenance or minor landscaping projects.
   “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.
   “DIRECTOR.”  The chief executive officer of IDEM.
   “EROSION AND SEDIMENT CONTROL PLAN.”  A set of plans indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. This plan shall include all documents and information as required by 327 Indiana Administrative Code 15-5.
   “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.
   “IDEM.” Indiana Department of Environmental Management.
   “ILLICIT CONNECTIONS.” An illicit connection is defined as any of the following:
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows for an illicit discharge into a municipal separate storm sewer system (MS4).
      (2)   Any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the city; or
      (3)   Any drain or conveyance connected from a commercial or industrial land use to MS4 which has not been documented in plans, maps or equivalent records and approved by the city.
   “ILLICIT DISCHARGE.” Any direct or indirect non-stormwater discharge to a municipal separate storm sewer system, except as exempted in § 54.06(B)(1).
   “LAND-DISTURBING ACTIVITY.” Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
   “MS4.”  Municipal separate storm sewer system.
   “NPDES.” The National Pollutant Discharge Elimination System, a program administered by IDEM to reduce or eliminate the pollutant loadings into public waters.
   “NON-STORMWATER DISCHARGE.” Any discharge to an MS4 that is not composed entirely of stormwater.
   “PERSON.” Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, political subdivision, state agency, or any other legal entity or their legal representative, agent or assigns legally capable of owning property in the state.
   “POLLUTANT.” A pollutant is something that 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, ordnances, 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 or building or structure; sediments 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.
   “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.
   “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.
   “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.
   “STORM SEWER SYSTEM.” Publicly-owned facilities by which stormwater 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 and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
   “STORMWATER.” Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Ord. 2006-20, passed 11-21-06)