For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCIDENTAL DISCHARGE. A discharge prohibited by this subchapter which occurs by chance and without planning or thought prior to occurrence.
   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good house keeping 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/property runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
   CITY MANAGER. The City Manager of the City of Palm Bay or his/her designee.
   CITY OF PALM BAY'S 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 are:
      (1)   Owned or maintained by the City of Palm Bay;
      (2)   Not a combined sewer system; and
      (3)   Not part of a publicly-owned treatment facility.
   CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
   COMBINED SEWER SYSTEM (CSS). A sewage system that carries both sanitary sewage and storm water runoff. During dry weather, combined sewers carry all wastewater for treatment. During storm events, part of the load may be intercepted to prevent overloading of the processing facility. In this case, the untreated portion is frequently allowed to enter the receiving stream.
   CONSTRUCTION ACTIVITY.  Activities subject to City of Palm Bay Code of Ordinances, §§ 174.050 through 174.073, Stormwater Management and Conservation Code or to NPDES Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
   DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the State and/or the waters of the United States.
   EXCESSIVE VEGETATION. Any vegetation including, but not limited to, a growth of bushes or trees, on unimproved or improved real property that detrimentally affects adjacent improved real properties or adjacent public right-of-way and including cuttings from trees and shrubs and any rank growth which may conceal filthy deposits or constitute a fire hazard when dry. Droppings, shedding, or any other type of defecation from trees onto adjacent property shall not be construed to determine affected areas.
   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/ILLEGAL CONNECTIONS. An illicit connection is defined as either of the following:
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyances which allow any non-stormwater discharge including sewage, processed wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City Manager; or
      (2)   Any drain or conveyance connected from a commercial or industrial land use to the City of Palm Bay's MS4 which has not been documented in plans, maps, or equivalent records and approved by the City Manager.
   ILLICIT/ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the MS4, except as exempted in § 95.25.
   INDUSTRIAL ACTIVITY.  Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).
   MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4).  A Municipal Separate Storm Sewer System or MS4 is defined in FAC Rule 62-624.200(8) as follows: Municipal separate storm sewer or MS4 means a conveyance or system of conveyances like roads with stormwater systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains:
      (1)   Owned or operated by a state, city, town, county, special district, association, or other public body (created by or pursuant to state law) having jurisdiction over management and discharge of stormwater, or an Indian tribe or an authorized Indian tribal organization, that discharges to waters of the state;
      (2)   Designed or used for collecting or conveying stormwater;
      (3)   Which is not a combined sewer system; and
      (4)   Which is not part of a Publicly Owned Treatment Works (POTW).  POTW means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality." This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by Florida Department of Environmental Protection 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.
   NON-STORM WATER DISCHARGE. Any discharge to the MS4 that is not composed entirely of storm water.
   PERSON. Any individual, association, organization, partnership, firm, corporation, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, or other entity recognized by law and acting as either the Person or as the Person's agent.
   POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; petroleum hydrocarbons and other automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; 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; liquid and solid wastes; 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; concrete and cement; 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.
   STATE WATERS.  Waters include, but are not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or underground waters. Waters owned entirely by one (1) person other than the State are included only in regard to possible discharge on other property or water. Underground waters include, but are not limited to, all underground waters passing through pores of rock or soils or flowing through in channels, whether manmade or natural. Solely for purposes of Fla. Stat. § 403.0885, waters of the State also include navigable waters or waters of the contiguous zone as used in section 502 of the Clean Water Act, as amended, 33 U.S.C. subsection 1251 et seq., as in existence on January 1, 1993, except for those navigable waters seaward of the boundaries of the state set forth in Section 1, Article II, of the Constitution of the State of Florida.
   STORMWATER or STORMWATER RUNOFF. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   STORMWATER POLLUTION PREVENTION PLAN. A document which describes the BMPs 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, MS4 and/or State Waters or Waters of the US to the maximum extent practicable.
   WASTECOURSE. A natural or artificial channel through which water flows, a stream or river.
   WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility or property.
   WATERS OF THE UNITED STATES. All waters subject to the ebb and flow tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of congress under the Constitution.
(Ord. 2008-37, passed 5-15-08)