Sec. 13-40-2. - Definitions.
For the purpose of this chapter the following terms, phrases and words and their derivatives, shall have the meaning given herein:
Accidental discharge means a discharge prohibited by this chapter into the MS4 which occurs by chance and without planning or consideration prior to occurrence.
Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of stormwater runoff. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage.
Clean Water Act or the Act means the Federal Water Pollution Control Act, as amended, codified at 33 USC 1251 et seq.
Commercial means property devoted in whole or in part to commerce, that is, the exchange and buying and selling of commodities or services. The term shall include, by way of example, but not be limited to, the following businesses: amusement establishments, animal clinics or hospitals, automobile service stations, automobile dealerships for new or used vehicles, automobile car washes, automobile and vehicular repair shops, banking establishments, beauty shops and barbershops, bowling alleys, bus terminals and repair shops, camera shops, dental offices or clinics, day care centers, department stores, drug stores, funeral homes, furniture stores, gift shops, grocery stores, hardware stores, hotels, jewelry stores, laboratories, laundries and dry cleaning establishments, liquor stores, medical offices and clinics, motels, movie theaters, office buildings, paint stores or shops, parking lots, produce markets, professional offices, radio stations, repair establishments, retail stores, restaurants and similar establishments serving prepared foods and beverages, rooming houses, shopping centers, stationary stores, television stations and production facilities, theaters, truck or construction equipment service stations, truck or construction equipment dealerships for new or used vehicles, truck or construction equipment washing facilities and truck or construction equipment repair shops.
Erosion and sediment control plan means a written plan, including drawings or other graphic representations, for the control of soil erosion and sedimentation resulting from a construction activity.
Impervious means not allowing the passage of water through the surface of the ground or ground covering or a substantial reduction in the capacity for water to pass through the surface of the ground or ground covering.
Industrial means a business engaged in industrial production or service, that is, a business characterized by manufacturing or productive enterprise or a related service business. This term shall include by way of example, but not be limited to the following: apparel and fabric finishers, automobile salvage and junk yards, blast furnace, blueprint and related shops, boiler works, cold storage plants, contractor's plants and storage facilities, foundries, furniture and household goods manufacturing, forge plants, greenhouses, manufacturing plants, metal fabrication shops ore reduction facilities, planing mills, rock crushers, rolling mills, saw mills, smelting operation, stockyards, stone mills or quarries, textile production, utility transmission or storage facilities, truck or construction equipment salvage or junkyards, warehousing and wholesaling facilities.
Institutional means an established organization, especially of a public or charitable nature. This term shall include, by way of example, but not be limited to, the following: churches, community buildings, colleges, day care facilities, dormitories, drug or alcohol rehabilitation facilities, fire halls, fraternal organizations, golf courses and driving ranges, government buildings, hospitals, libraries, kindergartens or preschools, nursing homes, mortuaries, schools, social agencies, synagogues, parks and playgrounds.
Manager means the person designated by the city to supervise the operation of the stormwater management program and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
Multifamily residential means an apartment building or other residential structure built for three or more units or lots under common ownership and condominiums of three or more units.
National Pollutant Discharge Elimination System or NPDES permit means a permit issued pursuant to section 402 of the Act (33 USC 1342).
Notice of intent or N.O.I. means a written notice by the discharge to the Commissioner of the Tennessee Department of Environment and Conservation or his or her designee, that a person wishes his or her discharge to be authorized under a general permit authorized by state law or regulation, particularly Tennessee NPDES general permit number TNR050000 for stormwater discharges associated with industrial activity.
Non-stormwater means any discharge to the MS4 that is not: discharged pursuant to a NPDES permit; discharged pursuant to a State of Tennessee multi-sector general permit for stormwater discharges associated with industrial activity or any discharge as described at 40 CFR part 122.26(d)(2)(iv)(B)(1).
Person means any individual, partnership, copartnership, firm, company, trust estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.
Pollution prevention plans means a written site specific plan to eliminate or reduce and control the pollution of stormwater through designed facilities, sedimentation ponds, natural or constructed wetlands and best management practices.
Significant spills includes, but is not limited to releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (at 40 CFR 110.10 and CFR 117.21) or section 102 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), (at 40 CFR 302.4).
Stormwater means stormwater runoff, snow melt runoff and surface runoff and drainage.
Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this chapter and its terms, including, but not be limited to measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.
Stormwater management plan or SWMP means the set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques for the control of stormwater and which is incorporated at part of the NPDES permit for the city and as part of this chapter.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in 40 CFR part 401 promulgated by the administrator of the Environmental Protection Agency under the provisions of 33 USC 1317.
Variance means the modification of the minimum stormwater management requirements contained in this chapter and the stormwater management plan for specified circumstances where strict adherence of the requirement would result in unnecessary hardship and not fulfill the intent of this chapter.
Water quality means characteristics that are related to the physical, chemical, biological and/or radiological integrity of stormwater.
(Code 1985, § 33-201; Ord. No. 4538, § 1, 11-18-1997)