The definition of terms provided herein shall be supplemented, where applicable, by the definition of such terms under federal law in the Clean Water Act (33 U.S.C. § 1251 et seq.) and under the related federal regulations, and by applicable laws of the State of Ohio. Where there is a conflict between the definitions stated in federal or state law and this chapter, the more restrictive definition shall apply. For purposes of this chapter, the following shall mean:
(a) Authorized Enforcement Agency: Employees or designees of the director of the municipal or township agency designated to enforce this ordinance, which shall mean the Village of Silver Lake, which shall enforce this regulation.
(b) Best Management Practice, or BMP: means the schedules of activities, prohibition of practices, general good housekeeping practices and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater conveyance systems. BMPs also include practices to control drainage from raw material storage.
(c) Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
(d) Community: The Village of Silver Lake, its designated representatives, boards, or commissions.
(e) Construction Activity: Land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
(f) Environmental Protection Agency or United States Environmental Protection Agency (USEPA): The United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or duly authorized official of said agency.
(g) Floatable Material: in general, this term means any foreign matter that may float or remain suspended in the water column and includes, but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(h) Hazardous Materials or Substances: Any material including any substance waste or a 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 stored, transported, disposed of, or otherwise managed.
(i) Illicit Discharge: As defined in 40 C.F.R. 122.26 (b)(2), means any discharge to an MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) except as noted in Section 947.07 of this regulation.
(j) Illicit Connections: means either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drain system, including but not limited to, any conveyances that 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 authorizing enforcement agency; or
(2) Any drain or conveyance connected from commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by the Village of Silver Lake
. (k) Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14).
(l) Municipal Separate Storm Sewer System or "MS4": as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains ):
(1) (1) Owned or operated by a State, city, town, borough, , county, parish, district, municipality, township, county, association,or other public body (created by or pursuant to state law) having jurisdiction over sewage, industrial wastes, including a special district under state law, such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or similar entity or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
(2) Designated or used for collecting or conveying stormwater;
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined at 40 C.F.R. 122.2.
(m) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by USEPA or the State pursuant to the authority granted to it by 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants into the waters of the United States ,whether the permit is applicable on an individual, group or general area-wide basis.
(n) Non-Stormwater Discharge: means any discharge to the storm drain system that is not composed entirely of storm water.
(o) Off-Lot Discharging Home Sewage Treatment System: A system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a stormwater or surface water conveyance or system.
(p) Owner/Operator/Person: any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or on the owner's behalf.
(q) Pollutant: means anything that 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 they 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; wastes and residues that result from drainage from unprotected raw material storage; and noxious or offensive matter of any kind.
(r) Premises: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
(s) Sewage: A flow that consists of water and human excretions or other waterborne wastes incidental to the occupancy of a residential building or a non-residential building but not including manufacturing process water, cooling water, commercial laundry wastewater, blowdown from heating or cooling equipment, industrial area floor drains, or surface water from roofs, paved surfaces or yard drains.
(t) 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 water bodies and human-made or altered drainage channels, reservoirs, and other drainage structures.
(u) Stormwater: means any surface flow, runoff, and drainage consisting entirely of water from any natural precipitation and resulting from such precipitation.
(v) Stormwater Pollution Prevention Plan or "SWP3": A document that 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, stormwater conveyance systems, and/or receiving watercourse to the maximum extent practicable.
(w) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(x) Watercourse: means any body of water, including but not limited to lakes, ponds, rivers, streams, and bodies of water delineated as waters of the State of Ohio.
(y) Waters of the State of Ohio: means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, which are situated wholly within, partly within, or border upon the State of Ohio or are within its jurisdiction, except those private waters that do not combine or effect a junction with a natural surface or underground waters, or as otherwise defined by Ohio Revised Code (ORC) 6111.01.
(Ord. 26-2023. Passed 5-1-23.)