For the purposes of this chapter, the following shall mean:
AGRICULTURAL CONSERVATION PRACTICES. Practices that are constructed on agricultural land for controlling soil erosion and sedimentation. These practices include, but are not limited to, grass waterways, sediment basins, terraces, and grade stabilization structures.
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.
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 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.
BORROW AREA. Areas where materials are excavated for use as fill.
BUFFER STRIP. An existing, variable-width strip of vegetated land intended to protect water quality and terrestrial and aquatic habitat in an adjacent resource or area.
CLASS V INJECTION WELL. A type of well, which typically has a depth greater than its largest surface dimension, emplaces fluids into the subsurface and does not meet the definitions of Class I through Class IV wells as defined under 40 CFR 146.5. While the term includes the specific examples described in 40 CFR 144.81, septic systems that serve more than
one single-family dwelling or provide service for non-domestic waste, dug wells, bored wells, improved sinkholes, french drains, infiltration sumps, and infiltration galleries, it does not include surface impoundments, trenches, or ditches that are wider than they are deep.
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 and land-disturbing activities and land-disturbing associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
CONSTRUCTION PLAN. A representation of a project site and all activities associated with the project.
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 or CONSTRUCTION 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 surface at all points of ingress or egress to a project site to capture and detain sediment carried by the tires of vehicles or other equipment entering or exiting the project site.
CONSTRUCTION STORMWATER GENERAL PERMIT (CSGP). An Indiana Department of Environmental Management permit that regulates erosion and sediment control practices on construction projects disturbing greater than one acre of land.
CONSTRUCTION SUPPORT ACTIVITY. An activity that specifically supports the project and involves land disturbance and/or activities that may result in pollutant-generating activities on their own.
These activities include, but are not limited to, concrete or asphalt batch plants, staging areas, material storage areas, disposal sites, and soil stockpile areas.
CONSTRUCTION SITE OPERATOR. Shall have the same meaning as PROJECT SITE OPERATOR.
CONTRACTOR or SUBCONTRACTOR. An individual or company hired by a project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
CONVEYANCE. A combination of drainage components used to convey stormwater discharge, either within or downstream of the land-disturbing activity, including a:
(1) MANMADE STORMWATER CONVEYANCE SYSTEM. A pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man, except for restored stormwater conveyance systems;
(2) NATURAL STORMWATER CONVEYANCE SYSTEM. The main channel or a natural stream and the flood-prone area adjacent to the main channel; or
(3) RESTORED STORMWATER CONVEYANCE SYSTEM. A stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.
COUNTY. Employees or designees of the Commissioners of Warrick County, Indiana.
IDEM. The Indiana Department of Environmental Management.
DEVELOPER. Any person financially responsible for construction activity; or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
DEWATERING. The act of draining rainwater and/or groundwater from excavations, stormwater measures, building foundations, vaults, and trenches.
DISPOSAL. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
DITCH MAINTENANCE. To restore a conveyance system to its originally constructed channel capacity and to perform the function for which it was originally constructed as defined in I.C. 36-9-27. MAINTENANCE includes:
(1) Cleaning (removal of accumulated sediments, de-brushing, and mowing);
(2) Spraying;
(3) Removing obstructions;
(4) Conducting minor repairs.
DRAIN. An open channel or a pipe, or a combination thereof, implemented to gather, store, convey, and release stormwater.
EQUIVALENT. Producing or achieving similar results and performance.
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.
FILTER STRIP. An area of undisturbed or planted vegetation used to retard or collect sediment for the protection of watercourses, reservoirs, or adjacent properties.
FINAL STABILIZATION. The establishment of permanent vegetative cover or the application of a permanent non-erosive material to areas where all land-disturbing activities have been completed and no additional land-disturbing activities are planned under the current permit.
FLOATABLE. Any solid or liquid that, due to its physical characteristics, will float on the surface of water. For this chapter, the term does not include naturally-occurring floatables, such as leaves or tree limbs.
GRADING. The excavation of the land surface to a desired slope or elevation.
GREEN INFRASTRUCTURE. An approach to water management that protects, restores, or mimics the natural water cycle.
GROUNDWATER. Such accumulations of underground water, natural or artificial, public and private, or parts thereof, that are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.
IMPERVIOUS SURFACE or IMPERVIOUS AREA. An area where the land surface has been altered in such a way that it decreases the amount of rainwater infiltration. IMPERVIOUS SURFACES include, but are not limited to, paved roads, sidewalks, streets, parking areas, and paved driveways, packed gravel or soil, and rooftops. Materials may include concrete, asphalt, and compacted gravel.
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.
INFILTRATION. The process by which surface water enters the soil and recharges streams, lakes, rivers, and underground aquifers. STORMWATER INFILTRATION is a fundamental component of the water cycle and is a centerpiece of stormwater management strategies.
INFILTRATION PRACTICES. Any structural system designed to facilitate the percolation of runoff through the soil to groundwater. Examples include infiltration basins or trenches, dry wells, and porous pavement.
LAND-DISTURBING ACTIVITY. Any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading.
LARGER COMMON PLAN OF DEVELOPMENT. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous or is known, designated, purchased, or advertised as a common unit or by a common name, such land must be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its use.
LOT OPERATOR. A builder, contractor or subcontractor working on an individual lot.
LOW-IMPACT DEVELOPMENT (LID). Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater to protect water quality and associated aquatic habitat.
MAXIMUM EXTENT PRACTICABLE. A performance standard or requirement within a permit to reduce the discharge of pollutants from an MS4 to protect water quality, and to satisfy the appropriate
water quality requirements of the Clean Water Act; which is achieved through planning and implementation of specific measures that are identified in the stormwater quality management plan (SWQMP). The term applies to an MS4 that demonstrates to IDEM’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. The MS4 must document that all reasonable and economical options have been evaluated, considered, and/or implemented to comply with and achieve the requirements of the permit, except those where it can demonstrate that they are not technically feasible in the locality, or whose cost would exceed any water quality benefit.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is:
(1) Owned or operated by a federal, state, city, town, county, district, association, or other public body (created by or per state law) having jurisdiction over stormwater, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 USC 1288) that discharges into waters of the state; or privately-owned stormwater utility, hospital, university, or college having jurisdiction over stormwater that discharges into waters of the state;
(2) Designed or used for collecting or conveying stormwater;
(3) Not a combined sewer; and
(4) Not part of a publicly-owned treatment works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA or IDEM 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. Discharges that do not originate from storm events. These discharges include, but are not limited to, process water, air-conditioner condensate, non-contact cooling water, sanitary waste, concrete-washout water, paint-wash water, irrigation water, or pipe-testing water.
NOTICE OF INTENT LETTER or NOI LETTER. A written notification from the project site owner submitted to IDEM and the Stormwater Management Department at least 48 hours before initiating construction activities at the construction site.
NOTICE OF TERMINATION LETTER or NOT LETTER. A written notification from the project site owner submitted to IDEM and the Stormwater Management Department that the construction activities for a site have been terminated and have met the requirements of this chapter.
OPEN SPACE. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.
PERMITTEE. The individual or entity required to obtain a permit coverage as defined by the project site owner.
PERSON. Any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or the owner’s agent.
POLLUTANT. 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 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.
PROJECT SITE. The entire area on which construction activity is to be performed.
PROJECT SITE OWNER. A developer, or a person who has financial and operational control of construction activities, project plans and specifications, including the authority to approve expenditures or funds and the ability to modify project plans and specifications.
RECEIVING STREAM or RECEIVING WATER. A body of water that receives a discharge from an outfall. The term does not include private drains, retention and detention basins, or constructed wetlands used as treatment.
REDEVELOPMENT. Alterations of a property that change a site or building in such a way that there is a disturbance of land. The term does not include such activities as exterior remodeling.
RUNOFF. Water that originates during a precipitation event and flows over the land rather than infiltrating into the ground or evaporating.
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 runoff.
SENSITIVE AREA. A body of water identified as needing priority protection or remediation, based on:
(1) Having threatened or endangered species in their habitat;
(2) Usage as public surface water supply intake;
(3) Usage for full-body recreation, such as bathing beaches; or
(4) Exceptional use classification as found in 327 IAC 2-1-11(b), outstanding state resource water classification as found in 327 IAC 2-l-2(3) and 327 IAC 2-1.5-19(b).
SILVICULTURAL. The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.
(1) Non-point activities that do not require permit coverage include source silvicultural activities, such as nursery operations, site preparation, reforestation, and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or logging road construction and maintenance from which there is natural runoff. Some of these activities (such as stream crossings for roads) may involve the placement of dredged or fill material that may require a CWA section 404 permit and a 401 water quality certification.
(2) Point source activities subject to permit coverage include any discernable, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States or the state.
SITE. A parcel of land, or a contiguous combination thereof, where construction or land-disturbing activity is performed as a single unified operation.
SOIL. The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants.
SOLID WASTE. Any garbage, refuse, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:
(1) Solid or dissolved material in:
(a) Domestic sewage; or
(b) Irrigation return flows or industrial discharges; that are point sources subject to permitsunder Section 402 of the Federal Water Pollution Control Act Amendments (33 USC 1342);
(2) Source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 USC 2011 et seq.));
(3) Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or
(4) Vegetative matter at composting facilities registered under I.C. 13-20-10.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
STORMWATER MANAGEMENT MEASURE. A practice or a combination of practices selected to improve the quality of runoff discharges, divert runoff, or mitigate the impacts related to quantity runoff.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
STORMWATER QUALITY MANAGEMENT PLAN (SWQMP). A comprehensive written document that outlines the activities that will be implemented and administered by an MS4 entity to address stormwater runoff to improve water quality.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
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/QUALIFIED INDIVIDUAL. An individual who is trained and experienced in the principles of stormwater management, including erosion and sediment control, as is demonstrated by state registration, professional certification, completion of coursework, or annual training, that enables the individual to make judgments regarding stormwater management, treatment, and monitoring.
TREAT. Improving the stormwater runoff quality, reducing runoff volume, reducing peak flow, or any combination thereof.
VEGETATIVE PRACTICES. Utilization of various forms of vegetation to enhance pollutant removal, maintain and improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include, but are not limited to, grass swales, filter strips, buffer strips, constructed wetlands, and rain gardens.
WATER QUALITY VOLUME (WQv). The volume of runoff generated by one inch of rainfall on a site.
WELLHEAD PROTECTION AREA. Having the meaning set forth at 327 IAC 8-4.1-1(27).
(BC Ord. 2024-09, passed 7-8-24)