For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
   “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 tiles. For the purposes of this subchapter, the term does not include land disturbing activities for the construction of agricultural-related facilities such as barns, buildings to house livestock, roads associated with infrastructure, other infrastructure, agricultural waste lagoons and facilities that process residential, workshop, or human wastes, and lakes, pond, and wetlands; and other infrastructure.
   “BEST MANAGEMENT PRACTICES (BMP's).”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.
   “CLEARING.”Any activity that removes the vegetative surface cover.
   “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 stormwater pollution prevention plan is a part of the construction plan.
   “CONTRACTOR OR SUBCONTRACTOR.”An individual or company hired the project site owner, or by an individual lot owner or individual lot operator to perform services on or connected to the project site or individual lot.
   “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.
   “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 CONTROL.”A measure that prevents erosion.
   “GRADING.” The cutting and filling of the land surface to a desired slope or elevation.
   “LAND DISTURBANCE OR LAND DISTURBING ACTIVITY.” Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
   “MEASURABLE STORM EVENT.” A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall.
   “NOBLESVILLE WASTEWATER UTILITY.” Employees or designees of the Director of the Noblesville Wastewater Utility designated to enforce this subchapter.
   “PROJECT SITE.” The entire area on which construction activity is to be performed.
   “PROJECT SITE OWNER.”The person required to submit the NOI letter per Rule 5 and required to comply with the terms of this subchapter and Rule 5, including a developer; or 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.
   “SEDIMENT.” Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its place of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
   “SEDIMENT CONTROL.” Measures that prevent sediment from leaving the project site.
   “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.
   “STORMWATER POLLUTION PREVENTION PLAN (SWPPP).”A plan developed to minimize the impact of stormwater pollution resulting from construction and post-construction activities. The plan indicates the specific measures and sequencing to be used to control sediment, soil erosion and other construction site wastes during and after construction.
   “STORMWATER QUALITY MEASURE.”A practice, or a combination of practices, to control or minimize pollutants associated with stormwater run-off.
   “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.
   “TECHNICAL REVIEW AND COMMENT FORM.”A form issued by the Noblesville Wastewater Utility stating that the Stormwater Pollution Prevention Plan is adequate or stating revisions needed in the SWPPP.
   “TRAINED INDIVIDUAL.”An individual who is trained and experienced in the principles of stormwater 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 stormwater control or treatment and monitoring.
   “WATER QUALITY VOLUME (WQv).”The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically (WQv) will vary as a function of long term rainfall statistical data.
   “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. 24-4-05, passed 4-26-05)