For the purpose of this chapter, the following shall be defined:
“AGRICULTURAL CONSERVATION PRACTICES.” Practices that are constructed on agricultural land for the purposes of controlling soil erosion and sedimentation. These practices include grass waterways, sediment basins, terraces, and grade stabilization structures.
“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. For purposes of this chapter, 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 infrastructure;
(4) Agricultural waste lagoons and facilities;
(5) Lakes and ponds;
(6) Wetlands; and
(7) Other infrastructure.
“BEST MANAGEMENT PRACTICE or BMP.” Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by non-point sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
“CHANNEL.” A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
“CITY.” The City of New Castle, Indiana, and its designated agents and representatives.
“COMMISSIONER.” The Commissioner of the Indiana Department of Environmental Management (IDEM).
“COMPREHENSIVE STORMWATER MANAGEMENT PLAN.” The plan developed to meet this regulation will be coordinated and combined with the construction plan, grading plan, drainage plan, stormwater pollution prevention plan, and the post construction stormwater pollution prevention plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a comprehensive stormwater management plan for the site.
“CONCENTRATED STORMWATER RUNOFF.” Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
“CONSERVATION.” The wise use and management of natural resources.
“CONSTRUCTION ACTIVITY.” Land disturbing activities and land disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
“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 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.
“CONTRACTOR or SUBCONTRACTOR.” 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.
“CUT AND FILL SLOPES.” A portion of land surface or area from which soil material is excavated and/or filled.
“DENUDED AREA.” A portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered, and which may result in or contribute to erosion and sedimentation.
“DEPARTMENT.” The Indiana Department of Environmental Management.
“DETENTION BASIN.” A stormwater management pond that remains dry between storm events. “STORMWATER MANAGEMENT PONDS” include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of runoff waters.
“DEVELOPER.” Means:
(1) Any person financially responsible for construction activity; or
(2) An owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
“DEVELOPMENT AREA.” Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.
“DITCH.” An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
“DUMPING.” The grading, pushing, piling, throwing, unloading or placing of soil or other material.
“EARTH DISTURBING ACTIVITY.” Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
“EARTH MATERIAL.” Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
“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.
“EXISTING.” In existence at the time of the passage of these regulations.
“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.
“FREQUENCY STORM.” A rainfall event of a magnitude having a specified average recurrence interval and is calculated with Natural Resources Conservation Service, USDA Type II 24-hour curves or depth-duration frequency curves.
“GRADING.” The cutting and filling of the land surface to a desired slope or elevation.
“GRUBBING.” Removing, clearing or scalping material such as roots, stumps or sod.
“IDEM.” Means Indiana Department of Environmental Management.
“IDNR-DSC.” The division of soil conservation of the Department of Natural Resources.
“IMPERVIOUS SURFACE.” Surfaces, such as pavement and rooftops that prevent the infiltration of storm water into the soil.
“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.
“LAND DISTURBING ACTIVITY.” Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
“LANDSLIDE.” The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
“LARGER COMMON PLAN OF DEVELOPMENT OR SALE.” A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
“MEASURABLE STORM EVENT.” A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall.
“MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4.” Has the same meaning set forth at 327 IAC 15-13-5(42).
“MS4 AREA.” A land area comprising one or more places that receives coverage under one NPDES storm water permit regulated by 327 IAC 15-13 or 327 IAC 5-4-6(a)(4) and 327 IAC 5-4-6(a)(5).
“MS4 OPERATOR.” The person responsible for development, implementation, or enforcement of the minimum control measures for a designated MS4 area regulated under 327 IAC 15-13.
“NPDES PERMIT.” A National Pollutant Discharge Elimination System Permit issued by IDEM under the authority of the USEPA, and derived from the Federal Clean Water Act.
“ORDINARY HIGH WATER MARK.” The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
“OUTFALL.” An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
“PEAK DISCHARGE.” The maximum rate of flow during a storm, usually in reference to a specific design storm event.
“PERMANENT STABILIZATION.” The establishment, at a uniform density of 70% across the disturbed area, of vegetative cover or permanent non-erosive material that will ensure the resistance of the soil to erosion, sliding, or other movement.
“PERSON.” Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
“PHASING OF CONSTRUCTION.” Sequential development of smaller portions of a large project site, stabilizing each portion before beginning land disturbance on subsequent portions, to minimize exposure of disturbed land to erosion.
“PROFESSIONAL ENGINEER (PE).” A person registered in the State of Indiana as a professional engineer, with specific education and experience in water resources engineering, acting in strict conformance with the code of ethics of the Indiana Board of Registration for Engineers and Surveyors.
“PROJECT SITE.” The entire area on which construction activity is to be performed.
“PROJECT SITE OWNER.” The person required to submit the NOI letter under this chapter and required to comply with the terms of this rule, including either of the following:
(1) A developer; or
(2) A person who has financial and operational control of construction activities and project plans and specifications, including the ability to make modifications to those plans and specifications.
“REDEVELOPMENT.” The demolition or removal of existing structures or land uses and construction of new ones.
“RETENTION BASIN.” A storm water management pond that maintains a permanent pool of water. These stormwater management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
“REVIEW AUTHORITY.” The individual, group, consultant or other agent responsible for review of submittals and applications for the city.
“RIPARIAN AREA.” Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
“RIPARIAN SETBACK.” Those lands within the city which are alongside streams where earth disturbing activities will not take place and natural vegetation will not be removed.
“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.
“SEDIMENT BARRIER.” A sediment control device such as a geotextile silt fence or a grass filter strip, usually capable of controlling only small flow rates. (Straw bale barriers are not acceptable.)
“SEDIMENT CONTROL.” The limiting of sediment being transported by controlling erosion or detaining sediment-laden water and allowing the sediment to settle out.
“SEDIMENT POLLUTION.” A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
“SEDIMENT SETTLING POND.” A temporary sediment pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary sediment basins.
“SEDIMENTATION.” The settling and accumulation of unconsolidated sediment carried by storm water run-off.
“SETTLING POND.” A runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.
“SHEET FLOW.” Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
“SLIP.” A landslide as defined under “LANDSLIDES.”
“SLOUGHING.” A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
“SOIL.” The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants.
“SOIL AND WATER CONSERVATION DISTRICT or SWCD.” A political subdivision established under IC 14-32.
“SOIL EROSION AND SEDIMENT CONTROL PRACTICE.” Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
“SOIL STABILIZATION.” Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seeding, mulch, sod, pavement, etc.
“SOIL SURVEY.” The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, IDNR and the local Board of County Commissioners.
“STORMWATER POLLUTION PREVENTION PLAN.” A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
“STORMWATER QUALITY MEASURE.” A practice, or a combination of practices, to control or minimize pollutants associated with stormwater run-off.
“STORMWATER CONTROL STRUCTURE.” A practice used to control accelerated stormwater runoff from development areas.
“STORMWATER CONVEYANCE.” All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated stormwater runoff, or for storing stormwater runoff.
“STRIP DEVELOPMENT.” A multi-lot project where building lots front on an existing road.
“SUBDIVISION.” Any land that is divided or proposed to be divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale.
“TEMPORARY STABILIZATION.” The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive material applied at a uniform density of 70% across the disturbed area.
“TRACKING.” The deposition of soil that is transported from one location to another by tires, tracks of vehicles, or other equipment.
“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.
“UNSTABLE SOIL.” A portion of land surface or area which is prone to slipping, sloughing or landslides, or is identified by Natural Resources Conservation Service methodology as having low soil strength.
“USDA - NRCS.” The United States Department of Agriculture National Resource Conservation Service.
“USEPA.” The United States Environmental Protection Agency.
“WASTEWATER.” Any water that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals, paint, paint washing liquids or other paint wastes, sanitary wastes, or any other IDEM regulated contaminants.
“WATERCOURSE.” Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river or brook.
“WATER RESOURCES.” All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
“WETLAND.” Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 Codified Federal Register (CFR) 232, as amended). Wetlands shall be delineated by a site survey approved by the city using delineation protocols accepted by the U.S. Army Corps of Engineers and IDEM at the time of permit application. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.
“WETLAND SETBACK.” Those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed.
“WINTER.” October 1 to April 1 of each year.
(Ord. 3436, passed 9-6-05)