Any terms defined in the federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this Chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: Discharge, Illicit Discharge, Pollutant, and Storm Water. These terms and other terms presently are defined as follows:
(a) "Acre" means a measurement of area equaling 43560 square feet.
(b) "Applicant" means the individual developer, owner, or operator indicated on the construction general permit as the person responsible for the implementation of erosion and sediment control on the development site.
(c) "Authorized Enforcement Agent" means the Director or his or her representatives authorized to enforce the provisions of this chapter.
(d) "Best Management Practices" (BMP's) means schedules of activities, prohibitions of practices, general housekeeping practices, pollution prevention practices, educational practices, maintenance procedures, and other management practices (both structural and non-structural) designed to reduce either directly or indirectly, the pollutant load in storm water runoff to the maximum extent practicable. They include but are not limited to structural BMP's such as detention basins or ponds, filter media barriers, vegetative stabilization, interceptor dikes/swales, spill containment and construction site drainage; and non-structural BMP's such as retaining natural vegetation, buffer zones, seeding, covering and general site housekeeping.
(e) "Channel" means a natural bed that conveys water or a ditch excavated for the flow of water.
(f) "City" means the City of Toledo.
(g) "Construction Activity" means activities such as, but not limited to, clearing, grading, or excavation resulting in soil disturbance.
(h) "Construction General Permit" means a permit issued by the State of Ohio, which outlines a set of provisions construction operators, must follow to comply with the requirements of the NPDES storm water regulations. The CGP covers any site one acre and above, including smaller sites that are part of a larger common plan of development or sale, and replaces and updates previous EPA permits. Operators of regulated construction sites are required to develop and implement Storm Water Pollution Prevention Plans and to obtain this permit coverage from Ohio EPA.
(i) "Construction Site" means projects such as residential, commercial or industrial developments, multi-story office buildings or highway interchanges which involve soil-disturbing activities.
(j) "Control" means to limit, discourage or terminate a non-storm water discharge to the municipal storm sewer system, as well as to require disclosure of information necessary to determine the content of the storm water discharge.
(k) "Director" means the Director of Public Utilities or his or her designee.
(l) "Discharge/Discharger" means the release, spill, leak, pump, flow, escape, dumping, or disposal of liquid, semi solid or solid substance to the municipal storm sewer system including creeks, ditches, culverts and gutters.
(m) "Disturbed Area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(n) "Ditch" means an excavated channel for the purpose of drainage or irrigation. A ditch may or may not be maintained by the City of Toledo.
(o) "Final Stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(p) "Grading" means the excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(q) "Illicit Discharge" means discharge of pollutants or non-storm water materials into the municipal storm sewer system via pipe, overland flow or other direct connection. An illicit discharge does not include discharges pursuant to a NPDES permit or those exempted by an NPDES permit.
(r) "Impervious" means that which does not allow infiltration.
(s) "Impervious Surface" means any man-made or modified surface that prevents or reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate compared to natural conditions.
(t) "Industrial Facility" means any facility that is directly involved in manufacturing, processing, material storage and material handling, including but not limited to industrial plant yards, access roads and rail lines, refuse sites, loading docks and areas where such industrial activity has taken place in the past and significant materials remain and are exposed to storm water.
(u) "Municipal Storm Sewer System " means and includes but is not limited to facilities within the City of Toledo by which storm water is conveyed to waters of the United States. It includes municipal and natural facilities within the City of Toledo by which storm water may be conveyed to waters of the United States. It includes roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man made channels or storm drains.
(v) "National Pollutant Discharge Elimination System (NPDES)" means a permit issued by USEPA that authorizes discharges into waters of the United States and requires the reduction of pollutants in the discharge.
(w) "Non-Storm Water Discharge" means an accidental or intentional discharge of pollutants into the municipal storm sewer system. A non-storm water discharge may include, but is not limited to, construction site runoff, spills, or accidental releases.
(x) "Person" means any individual, firm, company, association, society, corporation, group or government body.
(y) "Pollutant" means any substance that contaminates air, water or soil. Pollutants can be artificial substances or naturally occurring, and also include substances defined in section 502(6) of the Federal Clean Water Act. Pollutants may include, but are not limited to: commercial and industrial waste, metals, petroleum hydrocarbons, excessive eroded soil, sediment, and particulate materials, animal wastes, and substances having characteristics such as pH less than 7 or greater than 9, unusual coloration or turbidity, excessive levels of fecal coliform.
(z) "Receiving Waters" means surfaces bodies of water which serve as discharge points for the storm water conveyance system including but not limited to creeks, rivers, reservoirs, lakes lagoons, estuaries, harbors, and bays.
(aa) "Storm Drain" means part of the storm water conveyance system, including but not limited to, a conduit, pipe, a human made structure that serves to transport storm water runoff to the receiving waters.
(bb) "Storm Water" means storm water runoff, snowmelt runoff and surface runoff and drainage.
(cc) "Storm Water Discharger" means any construction site, industrial facility or person who owns or controls personal property or equipment that discharges, who personally discharges or who owns or controls real property where discharges occur to the municipal storm sewer system.
(dd) "Storm Water Pollution Prevention Plan (SWPPP or SWP3)" means a plan required by and for which the contents are specified by Ohio EPA for storm water discharges associated with industrial activities or construction activities.
(ee) "Storm Water Treatment Facility" means a device installed or constructed to reduce or control storm water peak runoff rates or to reduce storm water contaminants. These facilities include, but are not limited to the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters.
(Ord. 607-07. Passed 10-2-07.)