13.48.020 Definitions.

For the purposes of this stormwater, the following shall mean:
“Authorized enforcement agency” means the board is hereby authorized by the town council of the town (the “Town Council”) to enforce this stormwater.
“Best management practices (BMPs)” mean 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.
“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.
“Construction activity” means activities subject to NPDES construction permits. Formerly these included construction projects resulting in land disturbance of five acres or more. As of March 2003, NPDES Stormwater Phase II permits have been required for 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.
“Hazardous materials” mean 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.
“Illegal discharge” means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section 13.48.080 of this chapter.
“Illicit connections” means an illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to any conveyances which allow any nonstormwater 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
(2) 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.
“Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).
“MS4 operator” means the person responsible for development, implementation, or enforcement of the minimum control measures MCMs for a designated MS4 area. The MS4 operator shall be designated by the board.
“Municipal separate storm sewer system (MS4)” means 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 Section 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 by 40 C.F.R. 122.2.
“National pollutant discharge elimination system (NPDES) stormwater discharge permit” means a permit issued by the United States Environmental Protection Agency (USEPA) (or by a state under authority delegated pursuant to 33 U.S.C. 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 area-wide basis.
“Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
“Ordinance” means this illicit discharge and connection stormwater ordinance.
“Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of the MS4 or as the owner’s agent.
“Pollutant” means anything which 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, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, E. coli, 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” mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
“Publicly owned treatment works (POTW)” mean publicly-owned water or wastewater treatment facilities.
“Storm drainage system” means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
“Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
“Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
“Town” means the town of Speedway, Indiana.
“Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
“Waters of the United States” means any waterway in the United States including rivers, lakes, ponds, streams, seas, and canals. (Ord. 1028 §2, 2005).