A. The following acronyms, when used in this chapter, shall have the designated meaning:
BMP | Best management practice |
CFR | Code of federal regulations |
CWA | Clean water act |
FEMA | Federal emergency management agency |
HHW | Household hazardous waste |
IDNR | Iowa department of natural resources |
IDOT | Iowa department of transportation |
MS4 | Municipal separate storm sewer system |
NOI | Notice of intent |
NOT | Notice of termination |
NOV | Notice of violation |
NPDES | National pollutant discharge elimination system |
NPS | Nonpoint source |
NRCS | National resource conservation service |
RCRA | Resource conservation recovery act of 1976 |
SMCRA | Surface mining control and reclamation act of 1977 |
SWPPP | Stormwater pollution prevention plan |
TMDL | Total maximum daily load |
U.S. EPA | United States environmental protection agency |
USDA | United States department of agriculture |
USGS | United States geodetic survey |
B. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ADVERSE IMPACTS: Any negative impact on plant, soil, air or water resources affecting their beneficial uses including recreation, aesthetics, aquatic habitat, quality, and quantity.
ALLOWABLE NONSTORMWATER DISCHARGES: Discharge from firefighting activities that are necessary due to an immediate danger to life or property; fire hydrant flushing; potable water sources; water line flushing; uncontaminated groundwater; uncontaminated pumped groundwater; crawl space pump water; natural springs; natural riparian habitat or wetland flows; irrigation water (except for wastewater irrigation); air conditioning condensation; exterior building wash water when no detergents or other surfactants are used; pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred and when no detergents or other surfactants are used (unless all spilled material has been removed); diverted stream flows; storm sewer system cleaning water; residential or noncommercial washing of vehicles; dechlorinated swimming pool discharge less than one ppm chlorine; residual street wash water; dechlorinated water from reservoir discharges; foundation or footing drains where flows are not contaminated with process materials such as solvents (not including active groundwater dewatering systems); discharges specified in writing by the city engineer, or designated representative, as being necessary to protect public health and safety of citizens; dye testing procedures (requires a verbal notification to the city engineer, or designated representative, prior to the time of the test); and any other water source not containing pollutants, as approved by the city engineer, or designated representative.
ANIMAL WASTE: See definition of Pet Waste (Or Animal Waste).
APPLICANT: Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a development or permit. In gaining official approval, the person, firm or governmental agency intends to carry out construction of a new development or redevelopment.
BASE FLOOD ELEVATION: The elevation at all locations delineating the level of flooding resulting from the 100-year frequency flood event. The 100-year flood event has a one percent (1%) probability of being equaled or exceeded in any given year.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures and practices to control facility site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
BUILDING OFFICIAL: City official or other designated authority charged with the administration and enforcement of the city building codes.
BUILDING PERMIT: Permit issued for the construction, erection or alteration of a structure or building and the related ground and surface preparation prior to and after completion of construction, erection or alteration of a structure or building.
BYPASS FLOW: Stormwater runoff from upstream properties tributary to a property's drainage system but not under its control.
CALENDAR QUARTER: Each of the following periods: December through February, March through May, June through August, and September through November.
CERTIFY OR CERTIFICATION: Formally attesting that the specific inspections and tests were performed, and that such inspections and tests comply with the applicable requirements of this chapter.
CHANNEL: Any defined river, stream, creek, brook, natural or artificial depression, ponded area, on stream lake or impoundment, abandoned mine, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and bank or shoreline, in or into which surface or ground water flows, either perennially or intermittently.
CHANNEL MODIFICATION: The alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes, but is not limited to, damming, placement of riprap (or other armoring), filling, widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation. Channel modification does not include the clearing of debris or removal of trash.
CITY ENGINEER: The professional engineer registered in the state of Iowa who is designated as city engineer by the city council.
CLEAN WATER ACT (CWA): The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto. (Formerly referred to as the federal water pollution control act or federal water pollution control act amendments of 1972.)
CLEARING: Any activity which removes vegetative ground cover.
COMMERCIAL: Pertaining to any business, trade, industry, or other activity engaged in for profit.
COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when fill or structures are placed within the floodplain.
CONDUIT: Any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed.
CONSTRUCTION SITE: Any location where clearing, grading, filling, paving, construction, or other activity occurs related to a change or improvement of property.
CONTAMINATED: Containing harmful quantities of pollutants.
CONTRACTOR: Any person or firm performing or managing construction work at a construction site, including any construction manager, general contractor or subcontractor. Also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site.
CUSTOMER: Any person, property or entity served by and/or benefiting from the stormwater utility's acquisition, management, maintenance, extension and improvement of the stormwater drainage system and related facilities.
DEPARTMENT: The Iowa department of natural resources (IDNR) or an authorized representative.
DETENTION BASIN: A facility constructed or modified to provide for the temporary storage of stormwater runoff and the controlled release of this runoff at a prescribed rate during and after a flood or storm.
DETENTION TIME: The amount of time stormwater is held within a detention basin.
DEVELOPED PROPERTY: Land that is altered from a natural state by grading and/or construction activity for the purpose of constructing residential, commercial, industrial, or institutional facilities such that the hydrology of the property is affected.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DISCHARGE: The release of water, and any elements, compounds and particles contained within or upon released water, from property owned or controlled by any person.
DISCHARGER: Any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any owner of a construction site or industrial facility.
DOMESTIC SEWAGE: Sewage originating primarily from kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers and sinks.
DRAINAGE PLAN: A plan, including engineering drawings and supporting calculations, which describes the existing stormwater drainage system and environmental features, including grading, as well as proposed alterations or changes to the drainage system and environment of a property. Also see definition of Stormwater Pollution Prevention Plan (SWPPP).
DRY BASIN: A detention basin designed to drain after temporary storage of stormwater flows and to normally be dry over much of its bottom area.
EARTHWORK: The disturbance of soils on a site associated with clearing, grading, or excavation activities.
ENFORCEMENT OFFICER: The city engineer or any other representative that is designated by the city engineer to act in the place and with the authority of the city engineer.
EROSION: The general process whereby soil or earth is moved by rainfall, flowing water, wind or wave action.
EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting from such actions.
EXCESS STORMWATER RUNOFF: The volume and rate of flow of stormwater discharged from a new development or redevelopment, which is or will be in excess of that volume and rate which existed before development or redevelopment.
EXISTING GRADE: The vertical location of the existing ground surface prior to excavation or filling.
FACILITY: An entity which discharges stormwater.
FERTILIZER: A substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two (2) or more fertilizers.
FILL: Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location, and shall include the conditions resulting therefrom.
FINAL GRADE: The vertical location of the ground surface after grading work is completed in accordance with the plans.
FIRE PROTECTION WATER: Any water, and any substances or materials contained therein, used by any person to control or extinguish a fire, or to inspect or test fire equipment.
GARBAGE: Animal and vegetable waste materials from the handling, preparation, cooking or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. Also, refuse and other unwanted and useless material.
GRADING: Any act of excavation or fill of land surface to a desired slope or elevation, or any combination thereof, and shall include the conditions resulting from any excavation or fill.
GROUNDWATER: Any water residing below the surface of the ground or percolating into or out of the ground.
HARMFUL QUANTITY: The amount of any substance that the appropriate official determines will cause an adverse impact to storm drainage system or will contribute to the failure of the jurisdiction to meet the water quality based requirements of the NPDES permit for discharges from the MS4.
HAZARDOUS SUBSTANCE: Any substance listed in table 302.4 of 40 CFR part 302.
HAZARDOUS WASTE: Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR part 261.
HOUSEHOLD HAZARDOUS WASTE (HHW): Any material generated in a household (including single and multiple residences) that would be classified as hazardous by the IDNR or U.S. EPA or by any rule or regulation promulgated by either agency.
HYDROGRAPH: A graph showing, for a given location on a stream or conduit, the flow rate with respect to time.
HYDROGRAPH METHOD: A method that estimates runoff volume and runoff hydrographs for a point of interest by generating hydrographs for individual subareas, combining them, and routing them through stream lengths and reservoir structures. Factors such as rainfall amount and distribution, runoff curve number, time of concentration, and travel time are included.
ILLEGAL DISCHARGE: See definition of Illicit Discharge.
ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allow an illicit discharge to enter the MS4.
ILLICIT DISCHARGE: Any discharge to the MS4 that is prohibited under this chapter.
IMPERVIOUS SURFACE: A hard surfaced area that prevents or retards the entry of water into the soil. An impervious surface may cause water to run off the surface in greater quantities, or at an increased rate of flow, than was present under natural conditions. Impervious surfaces include, but are not limited to, rooftops, asphalt or concrete streets, sidewalks, driveway paving, parking lots, walkways, patio areas, storage areas, gravel, bituminous substances or other surfaces which similarly affect the natural infiltration, or runoff patterns, of real property in the natural state with existing ground cover.
INDUSTRIAL WASTE (COMMERCIAL WASTE): Any wastes produced as a byproduct of any industrial, institutional or commercial process or operation, other than domestic sewage.
INFILTRATION: The passage or movement of water into the ground.
LAND DISTURBING ACTIVITY: The process of disturbing existing ground cover, excavation of existing site material, or the placement of fill material on a site, related to a manmade change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
LOESSAL SOIL: Sediment, commonly nonstratified and unconsolidated, composed predominately of silt sized particles with accessory clay and sand.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. No portion of an established floodway area lying within a lot or any access drive through a property shall be used in computing the number of dwelling units to be constructed. Such lot shall have frontage on a public street or private street and may consist of: 1) a single lot of record; 2) a portion of a lot of record; 3) a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and 4) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter.
MAJOR DRAINAGE SYSTEM: That portion of a drainage system needed to store and convey flows beyond the capacity of the minor drainage system.
MAY: Signifies an act that is discretionary.
MECHANICAL FLUID: Any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel.
MINOR DRAINAGE SYSTEM: Portion of a drainage system designed for the convenience of the public. It consists of street gutters, storm sewers, small open channels and swales.
MITIGATION: Activity necessary when the prescribed controls are not sufficient and additional measures are required to offset the development, including those measures necessary to minimize the negative effects which stormwater drainage and development activities might have on the public health, safety and welfare. Examples of mitigation include, but are not limited to, compensatory storage, soil erosion and sedimentation control, and channel restoration.
MOBILE COMMERCIAL COSMETIC CLEANING (OR MOBILE WASHING): Power washing, steam cleaning, and any other method of mobile cosmetic cleaning of vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The conveyance or system of conveyances, including storm sewers, roadways, roads with drainage systems, catch basins, curbs, gutters, ditches, constructed channels and storm drains, owned or operated by the city.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PERMIT: A permit issued by the U.S. EPA or by a state under authority delegated pursuant to 33 USC section 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 areawide basis.
NATURAL: Conditions resulting from physical, chemical, and biological processes without intervention by man.
NATURAL DRAINAGE: Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.
NONSTORMWATER DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater.
NOTICE OF VIOLATION: A written notice detailing any violations of this chapter and any action expected of the violators.
OIL: Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking oil, grease, sludge, oil refuse, and oil mixed with waste.
100-YEAR EVENT: A rainfall, runoff, or flood event having a one percent (1%) probability of being equaled or exceeded in any given year. Twenty four (24) hour storm duration is assumed unless otherwise noted.
1-YEAR EVENT: A rainfall, runoff, or flood event having a one hundred percent (100%) probability of being equaled or exceeded in any given year. Twenty four (24) hour storm duration is assumed unless otherwise noted.
OUTFALL: The point at which water or any other material leaves or may leave the MS4 and also means the point at which water or any other material leaves or may leave an enclosed conveyance that is part of the MS4 and enters an open conveyance that is also part of the MS4.
OWNER: The person who owns a facility, part of a facility, or land.
PARCEL: A contiguous lot or tract of land under one ownership. A lot or tract of land is land intended as a unit for the purpose of use, development or transfer of ownership.
PEAK FLOW: The maximum rate of flow of water at a given point in a channel or conduit.
PERMITTEE: The city or jurisdiction.
PERSON: Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities.
PESTICIDE: A substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest.
PET WASTE (OR ANIMAL WASTE): Excrement and other waste from domestic animals.
PETROLEUM PRODUCT: A product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.
POINT SOURCE: Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
POLLUTANT: Any item that may alter stormwater from a natural state. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil, automotive fluids, solid wastes, yard wastes, refuse, rubbish, garbage, litter, discarded or abandoned objects, pesticides, herbicides, fertilizers, sewage, fecal coliform, heavy metals, animal wastes, sediment from construction sites, and noxious or offensive matter of any kind.
POLLUTION: The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animal life, plant life, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
POSITIVE DRAINAGE: Provision for overland paths for all areas of a property including depression areas that may also be drained by storm sewer.
POTABLE WATER: Water that has been treated to drinking water standards and is safe for human consumption.
PRIVATE DRAINAGE SYSTEM: All privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey stormwater, including, but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.
PUBLIC IMPROVEMENT PLANS: Engineering drawings subject to approval by the city engineer for the construction of public improvements.
QUALIFIED PERSON: A person who possesses the required certification, license, or appropriate competence, skills, and ability as demonstrated by sufficient education, training, and/or experience to perform a specific activity in a timely and complete manner consistent with the regulatory requirements and generally accepted industry standards for such activity.
REDEVELOPED PROPERTY: Developed property that is altered or expanded by grading and/or construction activity at a time period following initial construction.
RELEASE: To dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce into the storm drainage system.
RETENTION FACILITY: Facility designed to hold stormwater for a sufficient length of time to provide for the stormwater to be consumed by evaporation into the air and/or infiltration into the immediate soil.
RUBBISH: Solid waste, including ashes, that consists of:
1. Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and/or
2. Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees Fahrenheit).
SANITARY SEWAGE: The domestic sewage and/or industrial waste that is discharged into the city sanitary sewer system and passes through the sanitary sewer system to the city sewage treatment plant for treatment.
SANITARY SEWER: The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, to the city sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).
SEDIMENT: Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind, gravity, or equipment tracking (tires, vehicles).
SEDIMENTATION: The process that deposits soils, debris, and other materials either on other ground surfaces or in bodies of water or stormwater drainage systems.
SEPTIC TANK WASTE: Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.
SHALL: Signifies an act that is mandatory.
SIGNIFICANT MATERIALS: Includes, but is not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of comprehensive environmental response, compensation and liability act (CERCLA); any chemical the facility is required to report pursuant to section 313 of emergency planning and community right-to-know act (EPCRA); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.
SITE: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
SLOPE DISTURBANCE LINE: The line which delineates relatively level building areas from areas where slopes exceed seven percent (7%) and where special precautions must be taken.
SMALL QUANTITY GENERATOR WASTE: Any hazardous waste generated by a small quantity generator as defined by the U.S. EPA.
SOLID WASTE: Any garbage, rubbish, refuse and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities.
STORM SEWER: A closed conduit for conveying collected stormwater.
STORMWATER: Stormwater runoff, snowmelt runoff, and surface runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY: The discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in subsections 1 through 10 of this definition, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters (as defined at 40 CFR part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in subsection 11 of this definition, the term includes only stormwater discharges from all areas (except access roads and rail lines) listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts, or industrial machinery are exposed to stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state, or municipally owned or operated that meet the description of the facilities listed in subsections 1 through 11 of this definition) include those facilities designated under 40 CFR section 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:
1. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR subchapter N (except facilities with toxic pollutant effluent standards that are exempted under category (xi) of this definition);
2. Facilities classified as standard industrial classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 311, 32 (except 323), 33, 3441, or 373;
3. Facilities classified as standard industrial classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11(l) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of noncoal mining operations that have been released from applicable state or federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with, or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but that have an identifiable owner/operator;
4. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of RCRA;
5. Landfills, land application sites, and open dumps that have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA;
6. Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including, but limited to, those classified as standard industrial classification 5015 or 5093;
7. Steam electric power generating facilities, including coal handling sites;
8. Transportation facilities classified as standard industrial classifications 40, 41, 42 (except 4221-4225), 43, 44, 45 or 5171 that have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or that are otherwise identified under subsection 1 to 7 or 9 to 11 of this definition are associated with industrial activity;
9. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farmlands, domestic gardens or lands used for sludge management where sludge is beneficially reused and that are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR part 503;
10. Construction activity including clearing, grading and excavation activities that result in the disturbance of one acre or more of total land area or which result in the disturbance of less than one acre but is part of a larger common plan of development or sale of one acre or more;
11. Facilities under standard industrial classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, or 4221-4225 (and that are not otherwise included within subsections 1 through 10 of this definition).
STORMWATER DRAINAGE SYSTEM: Any publicly or privately owned or operated surface, system, facility, structure, improvement, development, equipment, property or interest therein, or other structural or nonstructural element made, constructed, used or acquired, for the purpose of collecting, containing, storing, conveying and controlling stormwater, including, but not limited to, storm sewers, curbs, street drains, conduits, lakes, rivers, creeks, other natural or manmade channels, pipes, culverts and detention ponds.
STORMWATER MANAGEMENT PROGRAM: Overall strategy and plan for the management of stormwater drainage within the city as outlined originally in the city's notice of intent dated March 2003.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A document that describes the best management practices to be implemented at a site, to prevent or reduce the discharge of pollutants.
STORMWATER RUNOFF: That portion of rainfall that drains into the storm sewer drainage system.
STORMWATER USER FEE: The periodic rate, fee or charge levied within the boundaries of the stormwater drainage system district for use in the acquisition, management, maintenance, extension and improvement of the city's stormwater drainage system and related facilities and otherwise in carrying out the city's stormwater management program. User fees are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious surface area on a parcel of property.
STREAM: Any river, creek, brook, branch, flowage, ravine, or natural or manmade drainageway which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently.
STRIPPING: Any activity which removes the vegetative surface cover, including trees, by spraying or clearing, and storage or removal of topsoil.
SUBDIVISION DEVELOPMENT: Includes activities associated with the platting of any parcel of land into two (2) or more lots and includes all construction activity taking place thereon.
SURFACE WATER: Water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff.
10-YEAR EVENT: A runoff, rainfall, or flood event having a ten percent (10%) probability of being equaled or exceeded in any given year. Twenty four (24) hour storm duration is assumed unless otherwise noted.
TIME OF CONCENTRATION: The elapsed time for stormwater to flow from the most hydraulically remote point in a drainage basin to a particular point of interest in that watershed.
TRIBUTARY WATERSHED: All of the land surface area that contributes runoff to a given point.
2-YEAR EVENT: A runoff, rainfall, or flood event having two percent (2%) probability of being equaled or exceeded in any given year. Twenty four (24) hour storm duration is assumed unless otherwise noted.
UNCONTAMINATED: Not containing harmful quantities of pollutants.
USED MOTOR OIL (OR USED OIL): Any oil that as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.
USED OIL: See definition of Used Motor Oil (Or Used Oil).
UTILITY AGENCY: Private utility companies, city departments, or contractors working for private utility companies or city departments, engaged in the construction or maintenance of utility distribution lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.
VACANT: Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATER QUALITY STANDARD: The designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by state or federal regulatory standards to be necessary to protect those uses.
WATERS OF THE STATE: Any river, stream, lake, pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer, irrigation system, drainage system and any other body or accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof, but not including any waters of the United States.
WATERS OF THE UNITED STATES: All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR section 122.2; but not including any waste treatment systems treatment ponds, or lagoons designed to meet the requirements of the federal clean water act.
WATERSHED: All land area drained by, or contributing water to, the same channel, lake, marsh, stormwater facility, groundwater or area of depression.
WET BASIN: A detention basin designed to maintain a permanent pool of water after the temporary storage of stormwater runoff.
WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For general, but not inclusive, locations of designated wetlands refer to mapping prepared jointly by the U.S. department of the interior and the U.S. fish and wildlife service.
YARD WASTE: Leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations. (Ord. 4980, 12-14-2009)