Title 13 WATER AND SEWERS*
Chapter 13.48 ILLICIT DISCHARGE AND CONNECTION STORMWATER
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).
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