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 chapter. Terminology not specifically defined in this section or chapter will have the meaning as otherwise defined in this chapter or the meaning commonly understood in the technology or industry relevant to the use of the technology or will have the most relevant meaning given in Webster’s Collegiate Dictionary.
AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices and the installation and maintenance of agricultural drainage tile. The term does not include land disturbing activities for the construction of agricultural related facilities, such as:
(1) Barns;
(2) Buildings to house livestock;
(3) Roads associated with infrastracture;
(4) Agricultural waste lagoons and facilities;
(5) Lakes and ponds;
(6) Wetlands; and
(7) Other infrastructure.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the Department of Storm Water Management of the town.
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 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 of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION PLAN. A representation of a project site and all activities associated with the project. The plan includes the location of the project site, buildings and other infrastructure, grading activities, schedules for implementation and other pertinent information related to the project site. A storm water pollution prevention plan is a part of the CONSTRUCTION PLAN.
CONSTRUCTION PROJECT. An organized effort to start, conduct, manage and complete a single construction activity, or a series of construction activities.
CONSTRUCTION PROJECT SITE. The physical location or locations where a construction project is being accomplished, or the physical or legal boundaries within which a construction activity or a series of construction activities is planned to be or is being accomplished.
CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of ingress or egress to a project site for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.
CONSTRUCTION SITE OPERATOR. A project site operator.
CONTRACTOR. An individual or company hired by the project site or individual lot owner, their agent or the individual lot operator to perform services on the project site.
DEPARTMENT. The Indiana Department of Environmental Management.
DEVELOPER. Any person financially responsible for construction activity; or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
DRAIN. An open channel or a pipe, or a combination thereof, implemented to gather, store, convey and release storm water runoff.
EROSION. The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation.
EROSION AND SEDIMENT CONTROL SYSTEM. The use of appropriate erosion and sediment control measures to minimize sedimentation by first reducing or eliminating erosion at the source and then, as necessary, trapping sediment to prevent it from being discharged from or within a project site.
EROSION CONTROL MEASURE (EMC). An activity, a material application, or a structure that prevents, arrests or lessens the wearing away of soil, sediment or rock by water, wind or ice.
FINAL STABILIZATION. The establishment of permanent vegetative cover or the application of a permanent non-erosive material to areas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current permit.
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 DISCHARGE. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in the Chapter 153 of this code of ordinances.
ILLICIT CONNECTIONS. Either of the following:
(1) Any pipe, open channel, 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 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.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual lot.
INDIVIDUAL LOT OWNER. A person who has financial control of construction activities for an individual lot.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 327 I.A.C. 15-6.
LAND DISTURBING ACTIVITY. Any human-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
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.
NOTICE OF INTENT LETTER (NOI). A written notification from the project site owner sent to the Director of IDEM and to the Town Department of Storm Water Management at least 48 hours prior to initiating construction activities at the construction site.
NOTICE OF TERMINATION LETTER (NOT). A written notification from the project site owner to the Director of IDEM and to the Town Department of Storm Water Management that the construction activities for a site have been terminated and have met the requirements of this chapter.
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 which 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 other 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.
PROJECT. A construction project.
PROJECT SITE OWNER. The person required to submit an NOI under 327 I.A.C. 15-5 (Rule 5) and includes the following entities: a developer, or a person who has financial and operational control of construction activities, project plans and specifications, and the ability to modify or cause modification of project plans and specifications.
RUNOFF. An accumulation of storm water flow that is moving across the surface of the earth as sheet flow or concentrated flow in natural surface watercourses, drains or waterways.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth’s surface.
SEDIMENTATION. The settling and accumulation of unconsolidated sediment carried by storm water run-off.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs and other drainage structures.
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 identity 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 QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with storm water run-off.
STORM 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.
STRUCTURAL STORM WATER CONTROL. A structural storm water management facility or devise 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.
SUBCONTRACTOR. A contractor
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.
TRAINED INDIVIDUAL. An individual who is trained and experienced in the principles of storm water quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience or completion of coursework that enable the individual to make judgments regarding storm water control or treatment and monitoring.
UNDISTURBED PROPERTY. Real property, which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities, which have disturbed or altered the topography or soils on the property.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(Ord. 2006-30, passed 10-25-2006)