§ 53.05 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.
   AUTHORIZED ENFORCEMENT AGENCY. Persons designated by the Council to enforce this chapter.
   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.
   CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and any subsequent amendments thereto.
   COAL TAR AND OTHER HIGH PAH CONTENT SEALANT PRODUCT. Coal tar and other high PAH sealant product are prohibited pursuant to § 132.197 and constitute hazardous materials as defined and regulated in this section.
   CONSTRUCTION ACTIVITY. Activities subject to the NPDES general 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.
   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 CONNECTION. An illegal connection is either of the following:
      (1)   Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit 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, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or
      (2)   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 an authorized enforcement agency.
   ILLICIT DISCHARGE. Any direct or indirect non-stormwater discharge to the municipal separate storm sewer system, except as exempted in § 53.06.
   INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
   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, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and human-made or altered drainage channels, reservoirs and other drainage structures and which is:
      (1)   Owned or maintained by the village;
      (2)   Not a combined sewer; and
      (3)   Not part of a publicly-owned treatment works.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the State Department of Environment, Great Lakes & Energy under authority delegated pursuant to 33 U.S.C. § 1342(b) which 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, partnership, firm, association, 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, any interstate body or any other legal entity.
   POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes and solvents; petroleum hydrocarbons; 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 and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; liquid and solid 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.
   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.
   PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
   STATE WATERS. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Michigan which are not entirely confined and retained completely upon the property of a single person.
   STORMWATER RUNOFF OR STORMWATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
   STRUCTURAL STORMWATER CONTROL. A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
   VILLAGE. The Village of Pinckney, Michigan and/or its authorized representative.
(Ord. 121, passed 8-26-2013; Ord. 155, passed 1-11-2021)