For the purposes 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 article into the Town Stormwater System or receiving waters, which occurs by chance and without planning or consideration prior to occurrence.
   BEST MANAGEMENT PRACTICES MANUAL or BMP MANUAL. The most recent Town manual of design, performance, and review criteria for stormwater management practices.
   CLEAN WATER ACT. The Federal Water Pollution Control Act, as amended, codified at 33 U.S.C. §§ 1251 et. seq.
   DESIGN STORM. A Soil Conservation Service Type III, 24-hour-duration storm, with a specified return interval or as otherwise specified by the Town Engineer.
   DEVELOPMENT or DEVELOP LAND. Any of the following actions undertaken by any person, including, without limitation, any public or private individual or entity:
      (1)   Division of a lot, tract or parcels, or other divisions by plat or deed;
      (2)   The construction, installation or alteration of a structure, impervious surface or drainage facility;
      (3)   Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation, mud, sand or rock of a site; or
      (4)   Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.
   ILLICIT CONNECTION. A connection to the Town Stormwater System resulting in a discharge that is not composed entirely of stormwater runoff, except discharges pursuant to an NPDES permit (other that the NPDES permit for the Town Stormwater System).
   ILLICIT DISCHARGE. Any activity resulting in a discharge to the Town Stormwater System or receiving waters that is not composed entirely of stormwater, except:
      (1)   Discharge pursuant to an NPDES permit (other than the NPDES for the town); and
      (2)   Discharges resulting from firefighting activities.
   IMMINENT AND SUBSTANTIAL THREAT. A threat that is entering or has entered the stormwater drainage system. The threat must be of such a nature that its presence and quantity would cause chronic health risks and/or pose a safety hazard to human health or the environment, if contact were to be made between the public and the threat. The threat may be comprised of, but not limited to, chemicals, radioactive materials, or materials in such quantity as to create such risk. If the substance is identifiable, the material safety data sheet should be consulted to further determine the level of threat posed.
   IMPROPER DISPOSAL. Any disposal other than through an illicit connection that results in an illicit discharge, including but not limited to, the disposal of used oil and toxic materials resulting from the improper management of such substances.
   MAINTENANCE. Any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this chapter and to prevent structural failure of such facilities.
   MS4 or SMS4. The Municipal Separate Storm Sewer System or Separate Municipal Storm Sewer System, comprised solely of those portions of a stormwater system that are owned and operated by the town.
   NPDES. National Pollutant Discharge Elimination System. See “Clean Water Act.”
   NPDES PERMIT. The NPDES permit for stormwater discharges issued to the town pursuant to the Clean Water Act and federal stormwater discharge regulations (40 CFR § 122.26).
   OPERATOR. For the purpose of this permit and in the context of stormwater associated with construction activity, OPERATOR means any party associated with a construction project that meets either of the following two criteria:
      (1)   The party has operational control over construction plans and specifications. Note: A party has “operational control over construction plans and specifications,” if it has the authority to prepare or modify such plans and specifications; or
      (2)   The party has “operational control over day-to-day activities” at a project that are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., it is authorized to direct workers at a site to carry out activities required by the SWPPP or to comply with other permit conditions). This definition is provided to inform permittees of the EPA's interpretation of how the regulatory definitions of “owner” or “operator” and “facility” or “activity” are applied to discharges of stormwater associated with construction activity.
   OUTFALL. The point where the Town Stormwater System discharges to waters of the United States.
   PERSON. Any and all persons, natural or artificial, including any individual, association, firm, corporation, business trust, estate, trust, partnership, two or more persons having a joint or common interest, state or federal government, or an agent or employee thereof, or any other legal entity.
   POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   RECEIVING WATERS. The waters into which the Town Stormwater System outfalls flow, and which are located within the jurisdictional boundaries of the town, including, without limitation, the lakes, rivers, streams, ponds, wetlands and groundwater of the town.
   REGULATION. Any REGULATION, rule or requirement prepared by the town and adopted by the Town Council pursuant to this article.
   STORMWATER.  STORMWATER runoff, snow melt runoff, and surface runoff and drainage.
   STORMWATER MANAGEMENT. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this chapter and its terms, including but not limited to, measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by man-made changes to the land.
   STORMWATER MANAGEMENT PROGRAM or SWMP. The set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques for the control of stormwater, and which is incorporated as part of the NPDES permit for the town and as part of this article.
   TOWN. Mount Pleasant, South Carolina.
   TOWN COUNCIL. The elected officials of Mount Pleasant, South Carolina.
   TOWN STORMWATER SYSTEM. The conveyance or system of conveyances (including roads with drainage systems, highways, rights-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, detention ponds, and other stormwater facilities) that is:
      (1)   Owned or operated by the town;
      (2)   Designed or used for collecting or conveying stormwater;
      (3)   Not a combined sewer system; and
      (4)   Not part of a publicly owned treatment works (POTW).
   VARIANCE. The modification of the minimum stormwater management requirements contained in this article and the Stormwater Management Program for specific circumstances, where strict adherence to such requirements would result in unnecessary hardship and not fulfill the intent of this chapter.
   WATER QUALITY. Those characteristics of stormwater runoff that relate to the physical, chemical, biological or radiological integrity of water.
   WATER QUANTITY. Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.
(Ord. 07045, passed 8-14-07)