For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 storm water, receiving waters, or storm water 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.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS.
(1) Any substance, material, waste, gas or other matter or combination thereof which is regulated by any local governmental authority, the state or the United States government, including without limitation any substance, material, waste, gas or other matter which is:
(a) Defined as a “hazardous waste”, “hazardous material”, “hazardous substance”, “extremely hazardous waste” or “restricted hazardous waste” under any provision of federal or state law;
(b) Petroleum or derivate or distillate thereof;
(c) Asbestos;
(d) Polychlorinated biphenyl;
(e) Radioactive material;
(f) Designated as a “hazardous substance” pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;
(g) Defined as a “hazardous waste” pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.;
(h) Defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; or
(i) A cause or significant contribution 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, because of its quantity, concentration or physical, chemical or infectious characteristics.
(2) The term ENVIRONMENTAL LAWS shall mean all statutes specifically described in the foregoing sentence and all federal, state and local environmental health and safety statutes, ordinances, codes, rules, regulations, orders, and decrees regulating, relating to or imposing liability or standards concerning or in connection with HAZARDOUS MATERIALS.
ILLEGAL DISCHARGE. Any direct or indirect non-storm water discharge to the storm drainage system, except as exempted in § 153.07.
ILLICIT CONNECTIONS. Either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allowed an illegal discharge to enter the storm drainage system, including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the system and any connections to the system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the village; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system, which has not been documented in construction plans, maps or equivalent records and approved by the village.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by the Environmental Protection Agency (or by the 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-STORM WATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of storm water.
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.
(1) Anything which causes or contributes to pollution.
(2) 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, grease, 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 materials 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.
STORM WATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORM WATER 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 storm water, storm water conveyance systems and/or receiving waters to the maximum extent practicable.
VILLAGE OF ROCHESTER. Employees or designees of the Village of Rochester, designated to enforce this chapter.
VILLAGE STORM DRAINAGE SYSTEM. Publicly-owned or privately-owned facilities by which storm water 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, drainage easements granted to the village and other drainage structures within the corporate limits of the village.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
WATERS OF THE UNITED STATES. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of WATERS OF THE UNITED STATES at 40 C.F.R. part 122.2; but not including any waste treatment systems, treatment ponds or lagoons designed to meet the requirements of the Federal Clean Water Act.
(2009 Code, § 32-1-2) (Ord. 04-03, passed 4-12-2004)