1048.02 DEFINITIONS.
   For the purposes of this chapter, all words used in this chapter shall have their customary meanings as defined in Webster's New World Dictionary and/or Rainwater and Land Development, except those specifically defined in this section.
   (a)   “Authorized agent” means an official (typically the City Engineer), organization, or group designated by the City Manager to provide technical guidance in the development and implementation of site development, storm water pollution prevention plans and storm water management plans, to review and approve/ disapprove such plans as authorized, and to enforce this chapter.
   (b)   “Best management practices (BMPs)” are 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 the municipal separate storm sewer system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from materials storage.
   (c)   “City” means the City of Miamisburg.
   (d)   “Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
   (e)   “Construction activity” means activities subject to NPDES construction permits. These include, but are not limited to, 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.
   (f)   “Hazardous materials” means 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.
   (g)   “Illegal discharge” means any direct or indirect non-storm water discharge to the municipal separate storm sewer system, except as exempted in Section 1048.05.
   (h)   “Illicit connections” means 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 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 agent; 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 the authorized agent.
   (i)   “Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).
   (j)   “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned or operated by the City.
   (k)   “National pollutant discharge elimination system (NPDES) storm water discharge permit” means a permit issued by the Ohio EPA that authorizes the discharge of pollutants to waters of the State, whether the permit is applicable on an individual, group, or general area-wide basis.
   (l)   “Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.
   (m)   “Parcel” means any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.
   (n)   “Person” means 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.
   (o)   “Pollutant” means anything which 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, articles, 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
   (p)   “Pollution” means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
   (q)   “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
   (r)   “Storm water” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   (s)   “Storm water pollution prevention plan (SWP3)” is 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, MS4, and/or receiving waters to the maximum extent practicable.
   (t)   “Wastewater” means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
   (u)   “Waters of the State” means surface watercourses and water bodies as defined at 40 CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
(Ord. 5972. Passed 2-20-07.)