§ 53.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASE UNIT. An amount which equates runoff from all properties to that of the average amount from a single-family residential property, presently set at 2,521 square feet.
   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and 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.
   BOARD. The Utilities Service Board.
   CITY. The City of Marion acting by and through the Council.
   CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
   CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES Storm Water Phase II permits will be required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
   COUNCIL. The Common Council of the City of Marion, or any duly authorized officials acting on its behalf.
   IMPERVIOUS AREA. The total hard surface area (asphalt, concrete, stone, etc.) that is contained on a lot or parcel, or within a development tract. Hard surface area shall include, but not be limited to, driveways, parking areas, sidewalks, other paved areas, and all areas under roof.
   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.
   ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in § 53.044.
   ILLICIT CONNECTIONS. An illicit connection is defined as either of the following: 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 and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Board or, 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 Board.
   INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 40 CFR, § 122.26 (b) (14).
   MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is:
      (1)   Owned or operated by:
         (a)   The City of Marion; or
         (b)   Indiana Wesleyan University;
      (2)   Designed or used for collecting or conveying storm water;
      (3)   Not a combined sewer; and
      (4)   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 EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) 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.
   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 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, ordinances, 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 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.
   QUALIFIED RETENTION FACILITY. An artificial basin, designed and approved under the requirements of the Board, and operated to reduce peak discharge from an area by use of temporary storage. At the discretion of the Board, existing retention/detention facilities may be considered.
   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of storm water collection facilities to maintain the capacity and performance for which such works were designed and contracted.
   SHALL is mandatory; MAY is permissive.
   SEWAGE WORKS. Shall have the meaning as defined in I.C. 36-9-1-8.
   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 and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
   STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   STORM WATER POLLUTION PREVENTION PLAN. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources 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 to the maximum extent practicable.
   STORM WATER UTILITY, STORM WATER WORKS, STORM WATER FACILITIES or like terms where used in this chapter, shall mean all constructed pipes, mains, facilities, structures and natural water courses under the control of the city used for collecting and conducting storm water through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: mains, pipes, lift stations, inlets, conduits and pertinent features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations; and excluding there from any part of the system of drains and water courses under the jurisdiction of the Grant County Drainage Board.
   USER CLASS. The division of storm water properties between residential, nonresidential, and users without direct or indirect stormwater discharges to the city system.
   USER FEES. Dedicated charges paid by users and are based on the estimated amount of water that leaves their property.
   USERS. The owners or tenants of properties within the city limits containing impervious areas that add runoff or sewage to the storm water or sanitary systems.
      (1)   RESIDENTIAL USER CLASS.
         (a)   A lot or parcel improved with a structure used primarily as a single-family or two- family residence, or
         (b)   A lot or parcel improved with a structure used primarily for residential purposes having less than 5,000 square feet of impervious area, each of which discharge storm water, directly or indirectly, into the storm water or sanitary systems of the city.
      (2)   NON-RESIDENTIAL USER CLASS. Properties that do not meet the definition of RESIDENTIAL USER CLASS and that discharge storm water, directly or indirectly, into the storm water or sanitary systems of the city.
      (3)   USERS WITHOUT DIRECT OR INDIRECT DISCHARGE CLASS. All other properties that do not meet the definition of RESIDENTIAL OR NON-RESIDENTIAL USER CLASSES, are within city limits, and that do not discharge stormwater directly or indirectly into the stormwater or sanitary systems of the city. This user shall pay cost allocated for the operation and maintenance of the systems serving city streets and right-of-ways.
   WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)