For the purpose of this chapter, the following definitions shall apply: words used in the singular shall include the plural, and the plural shall include the singular; words used in present tense shall include the future tense. The word SHALL is mandatory and not discretionary. The word may is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
AGRICULTURAL LAND USE. Use of land for the production of animal or plant life, including forestry, pasturing or yarding of livestock, and planning, growing, cultivating, and harvesting crops for human or livestock consumption.
BASE RATE. The stormwater user's fee for a detached single-family residential property in the city, also defined as one ERU unit.
BEST MANAGEMENT PRACTICE (BMP). Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of storm water run-off. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of contaminant facilities, land use planning, policy techniques, and other management practices.
BOARD. The City of Washington, Indiana Board of Public Works and Safety.
BONDS. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
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.
CITY. The City of Washington and all property located within the corporate limits therefore together with other property located in areas over which the stormwater utility may exercise jurisdiction under applicable law and regulation.
CITY COUNCIL. The City of Council of the City of Washington.
CITY ENGINEER. The Engineer of the City of Washington or his or her designee.
COMBINED SEWER. A sewer that is designed, constructed, and used to receive and transport combined sewage.
COMBINED SEWER OPERATIONAL PLAN (CSOOP). A plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system before, during, and after the implementation of a long-term control plan.
COMMISSIONER. The Commissioner of the Department of Environmental Management.
CONSTRUCTED WETLAND. A manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to maximize pollutant removal.
CONSTRUCTION. The erection, building, acquisition, alteration, reconstruction, improvement or extension of stormwater facilities; preliminary planning to determine the economic and engineering feasibility of stormwater facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of stormwater facilities; and the inspection and supervision of the construction of stormwater facilities.
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.
DAILY USER POPULATION. A population for an entity that is present at that location on a daily basis.
DECHLORINATED SWIMMING POOL DISCHARGE. Chlorinated water that has either sat idle for seven days following chlorination prior to discharge to the MS4 conveyance or, by analysis, does not contain detectable concentrations (less than 0.05 milligram per liter) of chlorinated residual.
DEPARTMENT. The Department of Environmental Management.
DETENTION BASIN. A type of storage practice used to detain or slow stormwater run-off and then release it through a positive outlet.
DEVELOPED PROPERTY. Real property which has been altered from its natural state by the creation or addition of impervious areas, by the addition of any buildings, structures, pavement or other improvements.
DISPOSAL. The following for 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:
(1) Discharging;
(2) Depositing;
(3) Injecting;
(4) Spilling;
(5) Leaking; or
(6) Placing.
DRY WELL. A type of infiltration practice that allows stormwater run-off to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.
EQUIVALENT RESIDENTIAL UNIT (ERU). The average square footage of a detached single-family residential property's impervious surface is 2,558 sq. ft. determined pursuant to this section.
EROSION CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation and/or off-site damages.
EROSION CONTROL PLAN. A written description and site plan of pertinent information concerning erosion control measures.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
EXEMPT PROPERTY. All properties of the city government and any of its departments and property. Also, public roadways (including alleys), public right-of-ways, and other right-of ways.
FEE or STORMWATER USER'S FEE. The charge established under this section and levied on owners or users of parcels or pieces of real property to fund the costs of stormwater management and of operating, maintaining, and improving the stormwater system in the municipality. The STORMWATER USER’S FEE is in addition to any other fee that the municipality has the right to charge under any other rule or regulation of the municipality.
FILTER STRIP. A type of vegetative practice used to filter stormwater run-off through the use of planted or existing vegetation near disturbed or impervious surfaces.
FISCAL YEAR. January 1 of a calendar year to December 31 of the same calendar year, both inclusive.
FLOATABLE. Any solid waste that, due to its physical characteristics, will float on the surface of water. The term does not include naturally occurring floatables, such as leaves or tree limbs.
FLOODPLAIN. The area adjoining a river, stream, or lake that is inundated by the base flood as determined by 312 T.A.C. 10.
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow from the base flood as determined by 312 I.A.C. 10.
GARBAGE. All putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, and consumption of food or food materials.
GRASS SWALE. A type of vegetative practice used to filter stormwater run-off via a vegetated, shallow-channel conveyance.
GROUND WATER. Accumulations of underground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage conveyance structures.
HOUSEHOLD HAZARDOUS WASTE (HHW). Solid waste generated by households that:
(1) Is ignitable, as defined under Title 40 C.F.R. part 261.21;
(2) Is toxic, as defined under Title 40 C.F.R. part 261.24;
(3) Is reactive, as defined under Title 40 C.F.R. part 261.23;
(4) Is corrosive, as defined under Title 40 C.F.R. part 261.22; or
(5) Otherwise poses as a threat to human health or the environment.
ILLICIT DISCHARGE.
(1) Any discharge to the stormwater system that is not composed entirely of stormwater, except naturally occurring floatables, such as leaves or tree limbs. Sources of illicit discharges include sanitary wastewater, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, and household hazardous wastes.
(2) The following categories of non-stormwater discharges or flows are allowed unless the stormwater utility finds them to be significant contributors to its system.
(a) Water line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground waters;
(e) Uncontaminated ground water infiltration;
(f) Uncontaminated pumped ground water;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) Air conditioning condensation;
(j) Irrigation water;
(k) Springs;
(1) Water from crawl space pumps;
(m) Footing drains;
(n) Lawn watering;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) Dechlorinated swimming pool discharges;
(r) Street wash water; and
(s) Discharges from firefighting activities.
IMPERVIOUS SURFACE. As defined at 327 I.A.C. 15-13-5(29) is interpreted to include any surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which impede the natural infiltration of surface water.
IMPERVIOUS SURFACE AREA. The number of square feet of horizontal surface covered by buildings, and other impervious surfaces. All building measurements shall be made between exterior faces of walls, foundations, columns or other means of support or enclosure.
INFILTRATION BASIN OR TRENCH. A type of infiltration practice used to filter stormwater run-off into soils via the use of installed structures with porous material.
INFILTRATION GALLERY. A type of infiltration practice used to filter stormwater run-off into soils that utilize one or more vertical pipes leading to a horizontal, perforated pipe laid within a trench, often backfilled with gravel or some other permeable material.
INFILTRATION PRACTICES. Any structural BMP designed to facilitate the percolation of run-off through the soil to ground water. Examples include infiltration basins or trenches, dry wells, and porous pavement.
INITIAL RECEIVING WATER. Water that is the direct recipient of a discharge from an MS4 area after the discharge passes through another MS4 conveyance.
LAND DISTURBING ACTIVITY. Any manmade change of the land surface, including removing vegetative cover, excavating, filling, transporting, and grading.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan, undertaken by a single developer or a group of developers acting in concert, to offer lots for sale or lease; where the land is contiguous, or is known, designed, purchased, or advertised as a common unit or by a common name, the land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased construction by a single entity for its own use.
LEGALLY BOUND AGREEMENT. A written, enforceable legal document used to describe responsibilities between joint permittees or other entities.
LONG TERM CONTROL PLAN (LTCP). A plan that is:
(1) Consistent with the Federal combined sewer overflow control policy (59 FR 18688), being 33 U.S.C. § 1342; and
(2) Developed in accordance with the recommendations set forth in combined sewer overflows guidance for long term control plan (EPA 832B95002).
MS4 AREA. A land area comprising one or more places that receives coverage under one NPDES stormwater permit regulated by 327 I.A.C, 5-4-6(a)(4) and 327 I.A.C. 5-4-6(a)(5) within the city corporate boundaries.
MS4 ENTITY. A public or private body that owns, operates, or maintains a stormwater conveyance system, including a transportation agency operated by that body. The term can also include Federal, state, city, town, county, district, association, or township public bodies and privately-owned universities, colleges, or stormwater utilities. The term does not include non-MS4 entity-owned shopping malls, office parks, apartment complexes, golf courses, churches, or hotels.
MS4 OPERATOR. The person responsible for development, implementation, or enforcement of the MCMs for a designated MS4 area.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (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:
(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 § 208 of the Clean Water Act (33 U.S.C. § 1288) that discharges into waters of the state; or
(b) 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 Title 40 C.F.R. part 122.2.
MUNICIPAL, STATE, FEDERAL, OR INSTITUTIONAL REFUELING AREA. An operating gasoline or diesel fueling area whose primary function is to provide fuel to either municipal, state, Federal, or institutional equipment or vehicles.
MUTUAL DRAIN. A drainage system that:
(1) Is located on two or more tracts of land that are under different ownership;
(2) Was established by the mutual consent of all the owners; and
(3) Was not established under or made subject to any drainage statute.
NONAGRICULTURAL LAND USE. Commercial use of land for the manufacturing and wholesale or retail sale of goods or services, residential or institutional use of land intended primarily to shelter people, highway use of land including lanes, alleys, and streets, and other land uses not included in agricultural land use.
NONPOINT SOURCE. A source of water pollution that does not meet the definition of point source. The term includes in-place pollutants, direct wet and dry deposition. Ground water inflow, and overland run-off.
OPEN SPACE. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.
OPERATOR. The person required to submit the stormwater and erosion control plans under this section and required to comply with the terms of this section.
OTHER DEVELOPED PROPERTY. Developed property other than single-family residential property. The property shall include, but not be limited to, commercial properties, industrial properties, parking lots, hospitals, schools, recreational and cultural facilities, hotels, offices, and churches.
OUTFALL. A point source discharge via a conveyance of stormwater run-off into a water of the state.
OUTFALL SCOURING. The deterioration of a stream bed or lake bed from an outfall discharge to an extent that the excessive settling of solid material results and aquatic habitat is diminished.
PARCEL. An area of land that is:
(1) Under common fee simple ownership;
(2) Contained within a continuous border; and
(3) A separately identified parcel for property tax purposes as shown in the records of the Daviess County Assessor's Office or by aerial photography.
PARCEL BLOCK. Multiple contiguous parcels owned by the same person and not separated by other real estate or public right-of-way.
PERSON. Any and all persons, natural or artificial, including any individual, firm or association, and any municipal or private corporation organized or existing under the laws of this or any other state or country.
POINT SOURCE. Any discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure.
POLLUTANT OF CONCERN. Any pollutant that has been documented via analytical data as a cause of impairment in any waterbody, or to another MS4, to which the MS4 discharges.
POROUS PAVEMENT. A type of infiltration practice to improve the quality and reduce the quantity of stormwater run-off via the use of manmade, pervious pavement which allows run-off to percolate through the pavement and into underlying soils.
PRIVATE DRAIN. A drainage system that:
(1) Is located on land owner by one person or by two or more persons jointly; and
(2) Was not established under or made subject to any drainage statute.
PROFESSIONAL ENGINEER (PE). Engineers must complete a four-year college degree, work under a Professional Engineer for at least four years, pass two intensive competency exams and earn a license from their state's licensure board. Then, to retain their licenses, PEs must continually maintain and improve their skills throughout their careers.
PROFESSIONAL LAND SURVERYOR (PLS). Professional land surveyors collect land feature data, including elevation, shape and location information using global positioning system (GPS) technology. They use this data to verify historic data and establish official boundaries. They must maintain records of their work for verification and preparing maps and reports for legal documents.
PROPERTY. The exempt city property includes all property under control of the following departments; wastewater, water, electric, street, park, fire, police, and utilities.
PROPERTY OWNER. The PROPERTY OWNER of record as listed in the county's assessment roll. A PROPERTY OWNER includes any individual, corporation, firm, partnership, or group of individuals
acting as a unit, and any trustee, receiver, or personal representative.
QUALIFIED PROFESSIONAL. An individual who is trained and experienced in stormwater treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make sound, professional judgments regarding stormwater control or treatment and monitoring, pollutant fate and transport, and drainage
planning.
RAIN GARDEN. A vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall.
RECEIVING STREAM or RECEIVING WATER. A waterbody that receives a discharge from an outfall. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.
REDEVELOPMENT. Alterations of a property that change a site or building in a way that there is disturbance of one acre or more of land. The term does not include activities like exterior remodeling.
RESPONSIBLE INDIVIDUAL. The person responsible for development, implementation, or enforcement of the MCMs for a designated MS4 entity.
RETAIL GASOLINE OUTLET. An operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create 5,000 or more square feet of impervious surfaces or generate an average daily traffic count of 100 vehicles per 1,000 square feet of land area.
RETENTION BASIN. A type of storage practice, that has no positive outlet, used to retain stormwater run-off for an indefinite amount of time. Run-off from this type of basin is removed only by infiltration through a porous bottom or by evaporation.
RIPARIAN HABITAT. A land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.
RIPARIAN ZONE. A land area adjacent to a waterbody that is directly associated with that waterbody.
SAND. Mineral material with a size range between 2-1/16-millimeter diameter.
SEDIMENTATION. The settling and accumulation of unconsolidated material carried by stormwater run-off.
SIGNIFICANT CONTRIBUTOR OF POLLUTANTS. A nonresidential facility that contributes pollutants into an MS4 conveyance in a quantity or quality and to a degree that it impacts the receiving MS4 operator's ability to comply with applicable state or Federal law.
SINGLE FAMILY RESIDENTIAL PROPERTY. A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family. A single family detached dwelling or a townhouse containing an accessory apartment or second dwelling unit is included in this definition.
SITE. The entire area included in the legal description of the land on which land disturbing activity is to be performed.
SOIL AND WATER CONSERVATION DISTRICT (SWCD). A political subdivision established under I.C. 14-32.
SOLID WASTE.
(1) Any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollutant 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
(2) The term does not include:
(a) Solid or dissolved material in the following that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. § 1342):
1. Domestic sewage; or
2. Irrigation return flows or industrial discharges.
(b) Source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.);
(c) 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
(d) Vegetative matter at composting facilities registered under I.C. 13-20-10.
SPILL. The unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substance, or
objectionable substance. The term does not include releases to impervious surfaces when the substances does not migrate off the surface or penetrate the surface and enter the soil.
STORAGE PRACTICES. Any structural BMP intended to store or detain stormwater and slowly release it to receiving waters or drainage systems. The term includes detention and retention basins.
STORM DRAIN MARKING. Any marking procedure that identifies a storm sewer inlet as draining directly to a receiving waterbody so as to avoid dumping pollutants. The procedures can include painted or cast messages and adhesive decals.
STORMWATER. As defined at 327 I.A.C, 15-13-5(78) means water resulting from rain, melting or melted snow, hail or sleet. In this section it also means, surface runoff, street wash waters related to street cleaning or maintenance, infiltration, and drainage.
STORMWATER FUND or FUND. The FUND created by this section to operate, maintain, and improve the city's stormwater system.
STORMWATER MANAGEMENT. The planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to stormwater, flood plains, flood control, grading, erosion, tree conservation, and sediment control.
STORMWATER QUALITY MANAGEMENT PLAN (SWQMP).
(1) A comprehensive written document that addresses stormwater run-off quality within an MS4 area;
(2) The SWQMP is divided into 3 different submittal parts as follows:
(a) Part A - Initial application;
(b) Part B - Baseline characterization and report; and
(c) Part C - Program implementation.
SURFACE WATER. Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.
TRAFFIC PHASING PLAN. A written plan that addresses the installation of appropriate pollution prevention practices that is directly related to the land disturbance associated with infrastructure constructed to reroute vehicular traffic within an active construction zone. The term does not include detours that are directed away from the active construction area.
UNDEVELOPED PROPERTY. Any property which has not been altered from its natural state by the creation or addition of impervious areas, by the addition of any buildings, structures, pavement or other structures.
USER. The owner of record of property subject to the stormwater user's fee imposed by this section.
VEGETATIVE PRACTICES. Any nonstructural or structural BMP that, with optimal design and good soil conditions, utilizes various forms of vegetation to enhance pollutant removal maintain and improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include grass swales, filter strips, buffer strips, constructed wetlands, and rain gardens.
WASTELOAD ALLOCATION. The portion of the receiving stream's loading capacity that is allocated to one of its existing or future point sources of pollution.
WASTE TRANSFER STATION. A place where solid wastes are segregated for additional off-site processing or disposal.
WATERBODY. Any accumulation of water, surface, or underground, natural or artificial, including rivers, streams, creeks, ditches, swales, lakes, ponds, marshes, wetlands, and ground water. The term does not include any storage or treatment structures.
WATERCOURSE. The path taken by flowing surface water.
WATERS.
(1) The following that are wholly or partially within, flow through, or border upon Indiana:
(a) The accumulation of water, surface and underground, natural and artificial, public and private: or
(b) A part of the accumulations of water.
(2) The term does not include a private pond, or an off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling water before discharge, unless the discharge from the pond, reservoir, or facility causes or threatens to cause water pollution.
WATERSHED. An area of land from which water drains to a common point.
WELLHEAD PROTECTION AREA. Has the meaning set forth at 329 I.A.C. 9-1-52.
(Ord. 15-2004, passed 9-13-2004; Am. Ord. 23-2005, passed 1-9-2006; Am. Ord. 21-2018, passed 11-13-2018)