(a) Rules. For the purposes of this Chapter, words used in the present tense shall include the future; words used in the singular shall include the plural; and the plural the singular; the word "shall" is mandatory and not discretionary, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) Definitions.
(1) Accidental Discharge - A discharge prohibited by this Chapter that occurs by chance and without planning or thought prior to occurrence.
(2) Administrator - Administrator of the Village of Obetz, Ohio.
(3) 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 stormwater, receiving waters, or stormwater 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.
(4) Clean Water Act - The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
(5) Construction Activity - Any land alterations or disturbances that may result in soil erosion, sedimentation, or change in runoff including but not limited to removal of ground cover, grading, excavating, demolition, and filling of land. Construction activities resulting in a land alteration or disturbance of one (1) acre or more requires an NPDES Construction Permit.
(6) Council - Council of the Village of Obetz, Ohio.
(7) 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.
(8) Illegal Discharge - Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 951.03(b) of this Chapter.
(9) Illicit Connection - An illicit connection is defined as either of the following:
A. Any 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-stormwater 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;
B. Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by the Village of Obetz.
(10) Industrial Activity - Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
(11) Municipal Separate Storm Sewer System (MS4) - Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
A. Owned or maintained by the Village of Obetz;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and,
D. Which is not part of a Publicly Owned Treatment Works (POTW) as defined by Title 40 Code of Federal Regulations Part 122.2 (40 CFR 122.2).
(12) National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit - A permit issued by the EPA (or by a State under authority delegated pursuant to 33 USC § 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.
(13) Non-Stormwater Discharge - Any discharge to the storm sewer system that is not composed entirely of stormwater.
(14) Person - Except to the extent exempted from this Chapter, any individual, association, organization, partnership, firm, joint venture, corporation, utility, or other entity recognized by law and acting as either the owner or as the owner's agent.
(15) 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, ordnances, 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.
(16) Pollution - The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a 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, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(17) Premises - Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(18) Solicitor - The Solicitor of the Village of Obetz, Ohio.
(19) Storm Drainage System - Publicly-owned facilities 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, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(20) Stormwater - Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(21) Stormwater Pollution Prevention Plan - 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 to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
(22) Stormwater Runoff - The waters derived from rains falling or snowmelt or icemelt occurring within a drainage area, flowing over the surface of the ground and/or collected in channels, watercourses or conduits.
(23) Structural Stormwater Control - A structural stormwater management facility or device that controls stormwater runoff and changes the characteristic of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow.
(24) Wastewater - Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Ord. 34-09. Passed 12-14-09.)