30.040 Definitions.

For the purposes of this chapter, the following shall mean:

Administering authority means the governmental employee designated by the City of Manitowoc to administer this chapter. The Director of Public Works has been designated to have the authority to administer this chapter, per MMC 30.010(3).

Authorized Enforcement Agency. The City of Manitowoc’s Department of Public Works, employees or designees of the Director of Public Works are designated to enforce this chapter.

Best management practices (BMPs) means structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the State.

Business day means a day that offices of the City of Manitowoc are routinely and customarily open for business.

Cease and desist order means a court-issued order to halt land developing activity that is being conducted without the required permit.

Contaminated stormwater means stormwater that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in Wis. Admin. Code NR 216.

Department (DNR) means the Wisconsin Department of Natural Resources.

Discharge, as defined in Wis. Stat. Ch. 283, when used without qualification includes a discharge of any pollutant.

Discharge of pollutant or discharge of pollutants, as defined in Wis. Stat. Ch. 283, means any addition of any pollutant to the waters of this State from any point source.

Discharge volume means the quantity of runoff discharged from the land surface as the result of a rainfall event.

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, spilt, or otherwise managed.

Illicit Connection. An illicit connection is defined as either of the following:

(a) Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4 including but not limited to any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 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 MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges authorized by a WPDES permit or other discharge not requiring a WPDES permit such as landscape irrigation, individual residential car washing, firefighting, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and wetlands, and similar discharges.

Impervious surface means a surface that does not allow infiltration during precipitation events. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surface.

Industrial activity means activities subject to WPDES Industrial Permits per Wis. Admin. Code NR 216 and Wis. Stat. Ch. 283.

Municipality means any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes, stormwater or other wastes.

Municipal separate storm sewer system (MS4), as defined in Wis. Admin. Code NR 216, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, inlets, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:

(a) Owned or operated by a municipality.

(b) Designed or used for collecting or conveying stormwater.

(c) Which is not a combined sewer conveying both sanitary and stormwater.

(d) Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

Natural wetlands means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include existing, mitigation and restored wetlands.

Nonstormwater discharge means a discharge to the MS4 created by some process other than the runoff from precipitation.

Outfall means the point at which stormwater is discharged to waters of the State or to a storm sewer.

Owner means any person holding fee title, an easement or other interest in property.

Person means an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, State agency or Federal agency.

Pollutant has the meaning given in Wis. Stat. § 283.01(13).

Pollution has the meaning given in Wis. Stat. § 281.01(10).

Pollution prevention means taking measures to eliminate or reduce pollution.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Private drainage system means all facilities which are not owned and operated by the City of Manitowoc, Manitowoc County or the Wisconsin Department of Transportation for the purpose of collecting, conveying, storing, treating and properly disposing of stormwater runoff.

Public drainage system means all facilities owned and operated by the City of Manitowoc, Manitowoc County or the Wisconsin Department of Transportation for the purpose of collecting, conveying, storing, treating and properly disposing of stormwater runoff.

Responsible party means an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, State agency or Federal agency; that person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance who shall notify the Department immediately of any discharge not exempted by law.

Stormwater means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

Stormwater management plan/stormwater pollution prevention plan means documents which describe 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.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Watercourse means a natural or artificial channel through which water flows. These channels include:

(a) All blue and dashed blue lines on the USGS quadrangle maps;

(b) All channels shown on the soils maps in the NRCS soils book for Manitowoc County;

(c) All channels identified on the site; and

(d) New channels that are created as part of a development. The term watercourse includes waters of the State as herein defined.

Waters of the State has the meaning given in Wis. Stat. § 281.01(18).

Wisconsin Pollutant Discharge Elimination System (WPDES) stormwater discharge permit means a Wisconsin Pollutant Discharge Elimination System permit issued pursuant to Wis. Stat. Ch. 283.

[Ord. 08-625 § 1, 2008. Prior code § 30.04]