The following terms are defined for use in this chapter, unless the context specifically indicates otherwise:
1. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
2. “Illegal connection” means either of the following:
A. Any pipe, open channel, drain, or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
3. “Illicit discharge” means any direct or indirect non stormwater discharge to the City separate storm sewer system, except as exempted in Section 101.03 of this chapter.
4. “Industrial discharge” means discharges subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
5. “Municipal separate storm sewer system” (MS4) means any facility designed or used for collecting and/or conveying stormwater, including inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, or other drainage structures which are owned or maintained by the City.
6. “National Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) permit” means a permit issued by the Iowa Department of Natural Resources (IDNR) 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.
7. “Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
8. “Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects or accumulations, so that same may cause or contribute to pollution; floatables; hazardous substances and wastes; sewage; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
9. “Pollution” means the contamination or other alteration of any water’s physical, chemical or biological properties, including change in color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare.
10. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
11. “Responsible party” means, for purposes of this chapter, one or more persons that control or are in possession of or own property. Responsible parties shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any illicit discharge from the property controlled, possessed, or owned. For purposes of this chapter, “property” includes, but is not limited to, real estate, fixtures, facilities and premises of any kind located upon, under or above the real estate. The definition of “responsible party” does not include the City when an illicit discharge is caused by a person on a public street or on public property.
12. “Stormwater runoff” or “stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
13. “Structural stormwater control” means 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.