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 as 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” shall mean the County Engineer’s Office, which shall enforce this Chapter.
(b) “Best Management Practices, or BMP” shall mean 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” means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
(d) “Construction activity” means land disturbance of one acre or more. Such activities include but are not limited to, clearing and grubbing, grading, excavating and demolition. See also, Summit County Codified Ordinance Chapter 941.
(e) “Hazardous materials or substances” means 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.
(f) “Illegal discharge” as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting activities., except as exempted in Section 944.06 of this Chapter.
(g) “Illicit connections,” means 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 non-storm water 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 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 Summit County.
(h) “Industrial activity” means activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14).
(i) “Municipal separate storm sewer system or “MS4” means a conveyance or system of conveyances, such as drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that are:
(1) That is owned by the federal government, state, municipality, township, county, district, or other public body created pursuant to state and federal law, including a special district under state law, such as a sewer district, flood control district, drainage district or similar entity or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the State of Ohio; and
(2) Designated or used to collect or convey solely storm water; and
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works.
(j) “National pollutant discharge elimination system permit” or “NPDES permit” means a permit issued by the U.S. Environmental Protection Agency or the State pursuant the authority granted to it by 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants into the waters of the State whether the permit is applicable on an individual, group or general area-wide basis.
(k) “Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.
(l) “Person” means any individual, corporation, partnership, association, company or body politic, including any agency of the County of Summit, the State of Ohio or the United States.
(m) “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents, oil and other automotive fluids; not-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, concentrations and accumulations of materials, 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; and noxious or offensive matter of any kind.
(n) “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(o) “Storm drainage system” means publicly 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 water bodies and human-made or altered drainage channels, reservoirs and other drainage structures.
(p) “Storm water” means any surface flow, runoff and drainage consisting entirely of water from any natural precipitation, and resulting from such precipitation.
(q) “Stormwater pollution prevention program” or “SWP3” means 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, stormwater conveyance systems and/or receiving to the maximum extent practicable.
(r) "Undeveloped Land" shall mean all land that is not altered from its Natural State.
(s) “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.
(t) “Waters of the State of Ohio” means all streams, lakes, ponds, marshes, watercourse, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and 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 which do not combine or effect a junction with natural surface or underground waters.
(Ord. 2021-347. Adopted 11-22-21.)