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).” Structural or nonstructural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. Traditional structural BMPs, including extended detention dry ponds, wet ponds, infiltration trenches, and sand filtration systems, are now common elements of most new development projects. Structural BMPs rely heavily on gravitational settling and/or the infiltration of soluble nutrients through a porous medium for pollutant removal. Nonstructural BMPs, which may be used independently or in conjunction with structural BMPs, rely on a much wider breadth of mechanisms to prevent or control NPS pollution. Nonstructural BMPs range from programs that increase public awareness to prevent pollution, to the implementation of control-oriented techniques (such as bioretention and stormwater wetlands) that utilize vegetation to enhance pollutant removal and restore the infiltrative capacity of the landscape.
   “CLEAN WATER ACT (CWA).” The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
   “CONSTRUCTION ACTIVITY.” Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more, as defined in the Indiana Annotated Code (IAC) by 327 IAC 15-5-1:12 (Rule 5). 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 CONNECTIONS.” Any drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter the Storm Drainage System including but not limited to any conveyances which allow any non-Stormwater discharge including sewage, process Wastewater, and wash water to enter the Storm Drainage System and any connections to the Storm Drainage 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, Any drain or conveyance connected from a commercial or industrial land use to the Storm Drainage System which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
   “ILLICIT DISCHARGE.” Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in § 52.07 of this subchapter.
   “INDUSTRIAL ACTIVITY.” Activities subject to NPDES Industrial Permits as defined by 327 IAC 15-6-1:12 (Rule 6).
   “MAXIMUM EXTENT PRACTICABLE (MEP).” MEP is the statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The CWA requires that NPDES permits for discharges from MS4s "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods." This standard applies to all MS4s regulated under the Phase I and Phase II (Rule 13) Stormwater Rules. Compliance with the conditions of Rule 13 and the series of steps associated with implementation of the required six minimum control measures will satisfy the MEP standard. Compliance with the six minimum control measures requires the development and implementation of BMPs. Implementation of the BMPs includes not only the actions necessary to initiate and continue the use of specific control measures, but also the enforcement actions, as applicable, to ensure that the implementation of the control measures occurs.
   “MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).”  A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), which are owned or operated by a state, city, town, county, tribe, district, association, or other public body or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States (40 CFR 122.26(b)(8).
   “NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT.”  A permit issued by the Indiana Department of Environmental Management (IDEM) that authorizes the discharge of pollutants to Waters of the United States, whether the permit is applicable to an individual, a group, or on a general area-wide basis.
   “NOBLESVILLE WASTEWATER UTILITY.”  Employees or designees of the Director of Noblesville Wastewater Utility designated to enforce and administer this subchapter.
   “NON-STORMWATER DISCHARGE.” Any discharge to the storm drainage system that is not composed entirely of stormwater.
   “NOTICE OF INTENT.” Notice of intent letter or NOI means a written notification indicating a person's intention to comply with the terms of a specified general permit rule in lieu of applying for an individual NPDES permit and includes information as required under 327 IAC 15-3 and the applicable general permit rule.
   “PERMIT HOLDER.”  Any person, partnership, corporation, or landowner who holds, or has been issued an NPDES Stormwater Discharge Permit.
   “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 which causes or contributes to pollution. Pollutants may include, but are not limited to: 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, ordinances, 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.
   “PREMISES.” Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
   “RECEIVING WATERS.” Rivers, streams, lakes, or any body of water into which wastewater is discharged.
   “STORM DRAINAGE SYSTEM.” Publicly-owned permit holder by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
   "STORMWATER." Water resulting from rain, melting or melted snow, hail, or sleet.
   “STORMWATER CONVEYANCE SYSTEMS.” All storm sewer pipes, ditches, catch basins, and other structures including retention and detention facilities.
   “STORMWATER POLLUTION PREVENTION PLAN (SWPPP).” A document which describes the Best Management Practices 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 into stormwater conveyance systems, 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 conduit through which water flows, a natural body of running water flowing on or under the earth or a natural or artificial channel through which water flows.
   “WATERS OF THE UNITED STATES.” A term used in federal regulations that defines all water bodies regulated as waters of the U.S. It includes:
      (1)   All waters which may be susceptible to use in interstate or foreign commerce;
      (2)   All interstate waters, including interstate wetlands;
      (3)   All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters;
      (4)   All impoundments of waters otherwise defined as waters of the United States;
      (5)   Tributaries of waters identified in this section;
      (6)   The territorial seas; and
      (7)   Wetlands adjacent to waters.
(Ord. 23-4-05, passed 4-26-05)