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 tile. For 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 infrastucture; agricultural waste lagoons and facilities; lakes and ponds; wetlands; and other infrastructure.
“AUTHORIZED ENFORCEMENT AGENCY.” Employees or designees of the Town of Pendleton, Indiana.
“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 runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
“CERTIFIED CONTRACTOR.” A person who has received training and is licensed by the state or other local agency to inspect and maintain erosion and sediment practices and Best Management Practices.
“CLEAN WATER ACT.” The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
“CLEARING (OR CLEARING AND GRUBBING).” Any activity that removes vegetative cover.
“CONSTRUCTION ACTIVITY.” Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more, as defined in 327 IAC Article 15 and the forthcoming construction general permit to be adopted by the ERB. Such activities include but are not limited to clearing and grubbing, land disturbance, excavating, and demolition.
“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 part of the “CONSTRUCTION PLAN”.
“DEVELOPER.” Any person financially responsible for construction activity; or an owner of property who sells or leases, or offers the sale or lease, any lots in a subdivision.
“ERB.” Environmental Rules Board.
“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 combination or practices, to control erosion and resulting sedimentation.
“EROSION CONTROL.” A measure that prevents erosion.
“GRADING.” The cutting and filling of land surface to a desired slope or elevation.
“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.
“ILLEGAL DISCHARGE.” Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted by the current Illicit Discharge and Connection Stormwater Ordinance.
“ILLICIT 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 storm drain system including but not limited to any conveyances which allow any nonstormwater 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 or;
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
“INDUSTRIAL ACTIVITY.” Activities subject to NPDES Industrial Permits as defined in 327 IAC Article 15.
“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, no matter the size of the area.
“MEASURABLE STORM EVENT.” A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall.
“NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Stormwater DISCHARGE PERMIT.” A permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. 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-STORMWATER DISCHARGE.” Any discharge to the storm drain system that is not composed entirely of stormwater.
“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.
“PROJECT SITE.” The entire area on which construction activity is to be performed.
“PROJECT SITE OWNER.” The person required to submit the NOI letter and required to comply with the terms of these standards in accordance with 327 IAC 15 and the forthcoming construction general permit to be adopted by the ERB. This shall include either a developer; or a person who has financial and operational control of construction activities, project plans and including the ability to make modifications to those plans and specifications.
“SEDIMENT.” Solid material (both mineral and organic) that is in suspension, is being 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 eroded 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 14-3.
“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 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.
“STORMWATER.” 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 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.
“STORMWATER QUALITY MEASURE.” A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
“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 MS4 Coordinator, stating that the erosion and sediment control plan is adequate, or that revisions are needed in the erosion and sediment control plan and stormwater pollution prevention plan.
“TOWN OF PENDLETON STORM DRAINAGE STANDARDS.” A reference manual developed by the town that establishes rules and regulations for development in the planning principals, as well as criteria for specific structural and non-structural stormwater management practices.
“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.
“WASTEWATER.” Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Ord. 21-05, passed 3-11-21)