For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 that, when used singly or in combination, contribute to the control of the discharge of pollutants directly or indirectly into stormwater, receiving waters or the MS4. BMPs also include treatment practices, operating procedures and practices to contribute to the control of: site runoff of spillage or leaks, sludge or water disposal or drainage from raw materials storage. BMPs can be non-structural, which is an action that does not require construction, or structural, which involves constructed facilities or measures.
CLEAN WATER ACT (CWA). The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION. The act of building, grading, shaping, removing, demolishing, repairing, erecting, extending, installing equipment or enlarging any building, structure, grounds or premises.
FACILITY. For the purposes of this subchapter, a building, structure, installation, construction site or premises in which pollutants are produced and/or generated as a result of an activity conducted within or around such building, structure, installation, construction site or premises.
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 present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTION. Includes:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 or waters of the state including, but not limited to, conveyances which allow any non-stormwater discharge to enter the MS4 and any connection to the MS4 from indoor drains and sinks, regardless of whether said drain or connection was previously allowed, permitted or approved by the city or the state’s Department of Environmental Protection (DEP); or
(2) Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has hot been documented in plans, maps or equivalent records and approved by a Stormwater Compliance Officer after the effective date of the ordinance from which this subchapter derives and which has not been located, identified, documented and provided to a Stormwater Compliance Officer after written notice.
ILLICIT DISCHARGE. Any discharge to the MS4 or the waters of the state that does not consist entirely of stormwater, is not a discharge containing no pollutants covered under the city’s NPDES MS4 permit, or is not one of those discharges listed in § 51.05.
INDUSTRIAL ACTIVITY. An activity subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
MAXIMUM EXTENT PRACTICABLE. A standard set forth in the CWA that requires NPDES permittees to have controls in place that are designed to reduce the discharge of pollutants to the MS4 and waters of the state, including management practices, control techniques and system design and engineering methods.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains) that are:
(1) Owned or operated by the city;
(2) Designed or used for collecting or conveying stormwater;
(3) Not a combined sewer; and
(4) Not part of a Publicly Owned Treatment Works (POTW) as defined in 40 C.F.R. § 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Federal Environmental Protection Agency (EPA) or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants into waters of the United States.
NON-STORMWATER DISCHARGES. Unless otherwise provided in § 51.05, those discharges that include, but are not limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics.
PERSON. 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.
POLLUTANT. Anything that causes or contributes to pollution and may include, but is not limited to:
(1) Paints, varnishes and solvents;
(2) Oil and other automotive fluids;
(3) Non-hazardous liquid and solid wastes and yard wastes;
(4) Refuse, rubbish, garbage, litter or other discarded or abandoned objects;
(5) Floatables;
(6) Pesticides, herbicides and fertilizers;
(7) Hazardous substances and wastes;
(8) Sewage, fecal coliform and pathogens;
(9) Dissolved and particulate heavy metals;
(10) Animal wastes;
(11) Wastes and residues that result from constructing or renovating a building or structure;
(12) Noxious or offensive matter of any kind;
(13) Hyperchlorinated water; and
(14) Commercial car and building wash water.
POLLUTION. The degradation of the physical, thermal, chemical, biological or radioactive properties of the watercourses and water supplies located in or running through the city and/or the discharge of any pollutant into the watercourses and water supplies located in or running through the city which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare or to impair the beneficial use of the water and/or the water environment.
PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, including groundwater discharge and floodwater.
STORMWATER COMPLIANCE OFFICER or COMPLIANCE OFFICER. An employee of the city or city’s Public Works Department designated by the city to administer, implement and enforce this subchapter.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document that describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges into stormwater, the MS4 and/or receiving waters to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE. A body of water flowing in a reasonably defined channel with a bed and banks.
(Ord. passed 10-4-2016)