For the purposes of clarification, the following definitions are provided and become a part of and applicable to the purposes, policies, regulations, requirements, provisions, specifications and applications of this subchapter. Terminology not specifically defined in this section or subchapter will have the meaning as otherwise defined in this title or the meaning commonly understood in the technology or industry relevant to the use of the terminology or will have the most relevant meaning given in Webster’s Collegiate Dictionary.
ACCIDENTAL DISCHARGE. A discharge prohibited by this subchapter which occurs by chance and without planning or consideration prior to occurrence.
BEST MANAGEMENT PRACTICES (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 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 Town of Newburgh Storm Water Management Board.
CLEAN WATER ACT. The Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq.
CONSTRUCTION ACTIVITY. Activities subject to Indiana Rule 5, 327 I.A.C. 15-5 or NPDES general construction permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
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. Any direct or indirect non-storm water discharge to the town MS4, except as exempted in this subchapter.
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.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
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, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
POLLUTANT. Anything that causes or contributes to pollution. POLLUTANTS may include, but are not limited to, the following: 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 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.
POLLUTION. The contamination or other alteration of any water’s physical, chemical or biological properties, including change in temperature, taste, color, turbidity or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive 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, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STATE WATERS. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within, or forming a part of, the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.
STORM WATER COORDINATOR. The Storm Water Coordinator of the town or his or her designee.
STORM WATER POLLUTION PREVENTION PLAN (SWP3). A document which describes the best management practices (BMPs) 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 the MS4 or state waters or waters of the United States to the maximum extent practicable.
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 flow.
TOWN ENGINEER. The Engineer of the Town of Newburgh or his or her designee.
TOWN MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. Any facility designed or used for collecting and/or conveying storm water, including, but not limited to, any roads with drainage systems, highways, town streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural storm water controls, ditches, swales, natural and human-made or altered drainage channels, reservoirs and other drainage structures which are:
(1) Owned or maintained by the town;
(2) Not a combined sewer; and
(3) Not part of a publicly-owned treatment works.
(Ord. 2006-15, passed 8-23-2006)