For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter, which occurs by chance and without planning or consideration prior to occurrence.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
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 CONNECTION. Either of the following:
(1) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit 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 an authorized enforcement agency; 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 an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge to the city’s separate storm sewer system, except as exempted in § 54.003 of this chapter.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits, as defined in 40 C.F.R. § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. Any facility designed or used for collecting or conveying storm water or both, including inlets, catch basins, piped storm drains, pumping facilities, structural storm water controls or other drainage structures which are owned or maintained by the city.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT. A permit issued by the state’s Department of Natural Resources (IDNR) 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.
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 or accumulations, so that same may cause or contribute to pollution; floatables; hazardous substances and wastes; sewage; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
POLLUTION. The contamination or other alteration of any water’s physical, chemical or biological properties, including change in color, turbidity or odor of such waters or the discharge of any liquid, gaseous, solid or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
RESPONSIBLE PARTY. One or more persons that control or are in possession of or own property. RESPONSIBLE PARTIES shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any illicit discharge from the property controlled, possessed or owned. For purposes of this chapter, “property” includes, but is not limited to, real estate, fixtures, facilities and premises of any kind located upon, under or above the real estate.
STORM WATER RUNOFF or STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STRUCTURAL STORM WATER CONTROL. A structural storm water management facility or device that controls storm water runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
(2013 Code, § 28-141) (Ord. 14800, passed 2-26-2007)