§ 158.06  DEFINITIONS.
   For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCIDENTAL DISCHARGE.  A discharge prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.
   CLEAN WATER ACT.  The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
   CONSTRUCTION ACTIVITY.  Activities subject to 327 IAC 15-13 or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
   ILLICIT DISCHARGE.  Any direct or indirect non-stormwater discharge to the town's separate storm sewer system, except as exempted in §§ 158.20 through 158.24.
   ILLEGAL CONNECTION.  Either of the following:
      (1)   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, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or
      (2)   Any pipe, open channel, drain or conveyance connected to the town's separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
   INDUSTRIAL ACTIVITY.  Activities subject to NPDES Industrial Permits as defined in 40 CFR, § 122.26(b)(14).
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT.  A permit issued by the Indiana Department of Environmental Management (IDEM) 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 storm drain system that is not composed entirely of stormwater.
   PERSON.  Except to the extent exempted from this chapter, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
   POLLUTANT.  Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.
   POLLUTION.  The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, 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, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
   POTABLE WATER.   Water defined as such by I.C. 14-25-4-5 as in effect and as the same may be amended from time to time.
   PREMISES.  Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
   STATE WATERS.  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 which are not entirely confined and retained completely upon the property of a single person.
   STORMWATER RUNOFF or STORMWATER.  Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   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.
   TOWN OF WHITELAND SEPARATE STORM SEWER SYSTEM.   Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, town streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
      (1)   Owned or maintained by the town;
      (2)   Not a combined sewer; and
      (3)   Not part of a publicly-owned treatment works.
(Ord. 2006-8, passed 11-27-06; Am. Ord. 10-7, passed 12-13-10)