§ 53.02 DEFINITIONS.
   For the purposes of this chapter, the following shall mean:
   ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter that occurs by chance and without planning or consideration prior to occurrence.
   AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the County Department of Stormwater Management.
   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 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 Stormwater General Permit. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
   CONVEYANCE.  Any structural process for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
   EPA. The Federal Environmental Protection Agency.
   FLOATABLE. Any solid waste that, due to its physical characteristics, will float on the surface of water. For the purposes of this rule, the term does not include naturally occurring floatables, such as leaves or tree limbs.
   GROUND WATER.  Accumulations of underground water, natural or artificial, public and private, or parts thereof, that are wholly or partiallywithin, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.
   HAZARDOUS MATERIALS, SUBSTANCES or WASTES.  Any material, including any substance, waste, or combination thereof, that, 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.
   IDEM. Refers to the Indiana Department of Environmental Management.
   ILLICIT CONNECTIONS.
      (1)   Any drain or conveyance, whether on the surface or subsurface, that allows an illegal 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 the 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 that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
   ILLICIT DISCHARGE. Any discharge to a MS4 conveyance that is not composed entirely of stormwater, except naturally introduced floatables, such as leaves or tree limbs. Sources of illicit discharges include, but are not limited to, sanitary wastewater, septic tank effluent, commercial car wash wastewater, oil spills or disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, pollutant run-off, and household hazardous wastes.
   ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 53.06.
   INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
   MAXIMUM EXTENT PRACTICABLE. A performance standard or requirement within a permit to reduce the discharge of pollutants from a 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.
   MUNICIPAL SEPARATE STORM SEWER SYSTEM or MSA A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, glitters, 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 pursuant to 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. This does not include the City of Boonville, Tennyson, Lynnville, Elberfeld, and other MS4 territories;
      (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 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 MS4 that is not composed entirely of stormwater.
   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 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 same may cause or contribute to pollution; floatables; excess pesticides, excess herbicides, and excess 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.
   PREMISES. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
   STATE WATERS or WATER OF THE STATE. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state that are not entirely confined or retained completely upon the property of an individual, partnership or corporation.
   STORM DRAIN STENCILING. A method to label storm drain inlets with a message warning the public not to dump polluting materials into the storm drain. Methods can include a marker or a paint stencil.
   STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   WARRICK COUNTY. A county located in the U.S. state of Indiana.
   WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
   WATERCOURSE. Any river, stream, creek, brook, branch, natural or man-made drainageway in or into which stormwater runoff or floodwaters flow, either continuously or intermittently.
   WATER QUALITY. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
(BC Ord. 2006-13, passed 7-26-06; Am BC Ord. 2024-06, passed 5-13-24)