For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. The department within the Town of Melbourne Beach that is designated by the Town Manager as having the responsibility to enforce this article.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater 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.
CLEAN WATER ACT or CWA. The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Any on-site activity which will result in the creation of a new stormwater discharge, including the building, assembling, expansion, modification or alteration of the existing contours of the site, the erection of buildings or other structures, or any part thereof, or land clearing.
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.
ILLICIT DISCHARGE or ILLEGAL DISCHARGE.
(1) Any discharge to the town’s municipal separate storm sewer system or to waters of the United States which is not entirely of stormwater, unless exempted pursuant to § 27-28, or the discharge to the town’s municipal storm separate sewer system or to waters of the United States which is not in compliance with federal, Florida, or local permits.
(2) ILLICIT CONNECTION means either of the following:
(A) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal or illicit discharge to enter the storm drain system including but not limited to any conveyances that 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
(B) 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.
INDUSTRIAL ACTIVITIES. Activities at facilities identified by the United States Environmental Protection Agency as requiring an NPDES stormwater permit in accordance with 40 CFR 122.26(b)(14) or amendments thereto, or any unit operation, complex, area or multiple of unit operations that produce, generate, handle, process or cause to be processed, any materials which may cause water pollution.
MUNICIPAL SEPARATE STORM SEWER SYSTEM. A conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads or streets with drainage systems, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds and other structural BMPs) owned and operated by a local government that discharge to waters of the United States or to other municipal separate storm sewer systems, that is designed solely for collecting, treating or conveying stormwater and that is not part of publicly owned treatment works (POTW) as defined by 40 CFR 122.2 or any amendments thereto.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Florida Department of Environmental Protection (FDEP) that authorizes the discharges of pollutants to waters of the United States.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON. An individual, corporation, governmental agency, business trust, estate trust, partnership, association two or more persons having a joint or common interest or any other legal entity.
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; nonhazardous 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 a building or structure; and noxious or offensive matter of any kind.
RECEIVING BODIES OF WATER. Any water bodies, watercourses and wetlands into which surface waters flow.
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 MANAGEMENT SYSTEM. The designed features of the property that collect, convey, channel, hold, inhibit or divert the movement of stormwater.
WATER BODY. Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.
WATERCOURSE. Any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks.
(Ord. 2008-04, adopted 4-16-08)