For the purposes of this chapter, the following shall mean:
AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. The term does not include land disturbing activities for the construction of agricultural related facilities, such as:
(1) Barns;
(2) Buildings to house livestock;
(3) Roads associated with infrastructure;
(4) Agricultural waste lagoons and facilities;
(5) Lakes and ponds;
(6) Wetlands; and
(7) Other infrastructure.
AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the County Commissioners of Warrick County, Indiana.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices,
general good house keeping 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.
BOARD. The Warrick County Stormwater Management Board.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more, as defined in 327 IAC 15-5. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
CONSTRUCTION PLAN. A representation of a project site and all activities associated with the project. The plan includes the location of the project site, buildings and other infrastructure, grading activities, schedules for implementation, and other pertinent information related to the project site. A stormwater pollution prevention plan is a part of the construction plan.
CONSTRUCTION PROJECT or PROJECT. An organized effort to start, conduct, manage, and complete a single construction activity, or a series of construction activities.
CONSTRUCTION PROJECT SITE. The physical location or locations where a construction project is being accomplished, or the physical or legal boundaries within which a construction activity or a series of construction activities is planned to be or is being accomplished.
CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of ingress or egress to a project site for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.
CONSTRUCTION SITE OPERATOR. Shall have the same meaning as project site operator.
CONTRACTOR or SUBCONTRACTOR. An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
DEPARTMENT. The Indiana Department of Environmental Management.
DEVELOPER.
(1) Any person financially responsible for construction activity; or
(2) An owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
DRAIN. An open channel or a pipe, or a combination thereof, implemented to gather, store, convey and release stormwater runoff.
ECM or EROSION CONTROL MEASURE. An activity, a material application, or a structure that prevents, arrests, or lessens the wearing away of soil, sediment, or rock by water, wind, or ice.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EROSION AND SEDIMENT CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation.
EROSION AND SEDIMENT CONTROL SYSTEM. The use of appropriate erosion and sediment control measures to minimize sedimentation
by first reducing or eliminating erosion at the source and then, as necessary, trapping sediment to prevent it from being discharged from or within a project site.
FINAL STABILIZATION. The establishment of permanent vegetative cover or the application of a permanent nonerosive material to areas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current permit.
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 DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Chapter 53 of this Code of Ordinances.
ILLICIT CONNECTIONS. An illicit connection is defined as 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-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 authorized 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 an authorized enforcement agency.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Permits as defined in 327 IAC 15-6.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual lot.
INDIVIDUAL LOT OWNER. A person who has financial control of construction activities for an individual lot.
LAND DISTURBING ACTIVITY. Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 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-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
NOTICE OF INTENT LETTER or NOI LETTER. A written notification from the project site owner sent to the Director of IDEM and to the Department of Stormwater Management at least 48 hours prior to initiating construction activities at the construction site.
NOTICE OF TERMINATION LETTER or NOT LETTER. A written notification from the project site owner to the Director of IDEM and to the Department of Stormwater Management that the construction activities for a site have been terminated and have met the requirements of this chapter.
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. Anything which 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 that 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 other kind.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
PROJECT SITE OWNER. The person required to submit an NOI under 327 IAC 15-5 (Rule 5) and includes the following entities: a developer, or a person who has financial and operational control of construction activities, project plans and specifications, and the ability to modify or cause modification of project plans and specifications.
RUNOFF. An accumulation of stormwater flow that is moving across the surface of the earth as sheet flow or concentrated flow in natural surface watercourses, drains, or waterways.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
SEDIMENTATION. The settling and accumulation of unconsolidated sediment carried by stormwater run-off.
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 and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER 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 stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater run-off.
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.
TRAINED INDIVIDUAL. An individual who is trained and experienced in the principles of stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make judgments regarding stormwater control or treatment and monitoring.
UNDISTURBED PROPERTY. Real property, which has not been altered from its natural state by
dredging, filling, removal of trees and vegetation or other activities, which have disturbed or altered the topography or soils on the property.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(BC Ord. 2006-14, passed 7-26-06)