§ 2:360. Definitions.

Unless the context requires other interpretations, the following words and terms are defined for the purpose of this Chapter, as follows:

Access control manhole shall mean the nearest downstream manhole in a public or private storm sewer nearest to the point where the facility storm sewer is connected.

City-parish shall mean the City of Baton Rouge and/or the Parish of East Baton Rouge.

Clean Water Act or the Act shall mean the Federal Water Pollution Control Act as amended by the Clean Water Act of 1987 and subsequent amendments. It shall also mean Chapter 26 of Title 33 of the United States Code.

40 CFR shall mean Title 40 of the Code of Federal Regulations.

40 CFR Part 122, 123, and 124, shall mean NPDES permits and reporting requirements for stormwater discharges.

Contaminant shall mean any physical, chemical, biological, or radiological material or waste introduced or discharged into water.

Co-permittee shall mean a permittee of a NPDES permit that is only responsible for permit conditions relating to the discharge for which it is the operator.

DEQ shall mean the Louisiana Department of Environmental Quality.

Director shall mean the director of the department of public works for the city-parish or any employee of the department of public works designated by the director.

Discharge or indirect discharge shall mean a discharge which includes the discharge of a single pollutant or contaminant or the discharge of multiple pollutants or contaminants into a storm sewer.

Effluent limitation shall mean any limitations issued by the EPA or DEQ or city-parish pertaining to pollutants which are discharged of a single pollutant or contaminant or the discharge of multiple pollutants or contaminants into a storm sewer if and only if such limits shall be established by EPA or DEQ by way of regulations or discharge permits.

Environment shall include water, air, and land and the interrelationship which exists among and between water, air, land and all living things.

EPA shall mean the United States Environmental Protection Agency.

Explosive solids shall mean any solid that causes a rapid chemical reaction with the production of noise, heat, and violent expansion of gases.

Explosive liquid shall mean any liquid that causes a rapid chemical reaction with the production of noise, heat, and violent expansion of gases.

Explosive gas shall mean any gas that causes a rapid chemical reaction with the production of noise, heat, and violent expansion of other gases.

Explosive shall mean a substance capable of rapid conversion into more stable products, with the liberation of heat and usually the formation of gases.

Explosive limit, lower (LEL) shall be defined as the concentration of organic fuel below which combustion will not occur in the presence of a flame or spark.

Explosive limit, upper (UEL) shall be defined as the concentration of organic fuel above which combustion will not occur in the presence of a flame or spark.

Illicit discharge shall mean any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting activities.

Incorporated place shall mean the city, town, or village that is incorporated under the laws of the State of Louisiana.

Individual shall mean any person, firm, partnership, company, association, governmental agency, society, corporation, group or political subdivision.

Industrial district stormwater shall mean any stormwater that originates, emanates or otherwise is generated from any industrial area as set forth in sections 1.08(b) and 1.10 of the plan of government of the Parish of East Baton Rouge and the City of Baton Rouge.

Major municipal separate storm sewer outfall shall mean a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of thirty-six (36) inches or more or a pipe associated with a drainage area of five (5) acres or more.

Major outfall shall mean a major municipal separate storm sewer outfall.

Medium municipal separate storm sewer system shall mean all municipal separate storm sewers that are located in an incorporated place with a population of one hundred thousand (100,000) or more, but less than two hundred fifty thousand (250,000) as determined by the latest decennial census by the Bureau of Census.

Municipal separate storm sewer system (MS4) shall mean a conveyance or system of conveyance (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade canals or storm drains) and as otherwise described in 40 CFR 122.26.

Navigable waters shall mean all navigable waters of the United States or the State of Louisiana; tributaries of navigable waters; lakes, rivers and streams which are utilized by travelers for recreational or other purposes; lakes, rivers and streams from which fish or shell fish are taken and sold in commerce; and lakes, rivers and streams which are utilized for industrial purposes by industries in commerce.

Non-municipal storm sewer system (NMSSS) shall mean privately owned, state owned and federally owned storm sewer systems.

Non-point sources shall mean pollution sources that are diffuse, do not have a single point of origin, are not introduced into a receiving stream from a discernible confined and discrete conveyance and do not meet the definition of a "point source" at 40 CFR 122.2. The pollutants are generally carried off the land by stormwater run-off. Commonly used categories for non-point sources including agriculture, forestry, urban, mining, construction, dams and channels, and land disposal. (This may also include saltwater intrusions.) See "point source" definition below and 40 CFR 122.2).

Noxious gas shall mean any gas that is harmful or destructive to human beings.

NPDES shall mean national pollutant discharge elimination system as used in 33 USC Sec. 1251 et seq.

NPDES permit or permit shall mean any permit issued to an entity, public or private, to control the discharges of pollutants in stormwater runoff or wastewater into the surface water of the limited states.

Other pertinent ordinances shall refer to Ordinance 7210, 9078, 9079, 9142, 9171, 9287 and others which relate to stormwater and point source discharges into the MSSS. These ordinances shall be enforced under terms of this chapter.

Outfall shall mean a point source as defined in 40 CFR 122.2 where a municipal separate storm sewer discharges into waters of the permitted states or a point where a storm sewer pipe or any other conveyance enters or ties into the municipal storm sewer system (pipe or open channel).

Overburden shall mean any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, such as sand, gravel and dirt, excluding top soil or similar naturally occurring surface materials that are not disturbed by mining operations.

Point source shall mean any discernible, confined or discrete conveyance including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, vessel or other floating craft, from which pollutants are or may be discharged.

Pollutant shall mean any contaminant, solid waste, sewage, sludge, chemical waste, biological material, heat, trash, sand, industrial or agricultural waste discharged into water.

Pollution shall mean the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Reactive shall mean to undergo a chemical change or chemical or thermal instability or to exert a counteracting, or reciprocal force or influence.

Runoff coefficient shall mean the fraction of total rainfall that will appear at a conveyance as runoff.

Significant amount is defined as an amount which will pose a threat to the health, safety, and welfare of the public.

Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater discharge associated with industrial activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant and discharge of stormwater associated with industrial activity as defined at 40 CFR 122.26 (b) (14) (i-x). The term does not include discharges from facilities of activities excluded from the NPDES program under 40 CFR Part 122.

Toxic pollutant shall mean any pollutant or combination of pollutants found in 40 CFR 122 Appendix D or any materials which exert a toxic effect.

Viscous shall mean the character or property of liquids which causes them to resist instantaneous change of shape or instantaneous rearrangement of their parts due to internal friction and denotes the thickness of a substance seen as the resistance at which particles offer to a force tending to move them in relation to each other.

Waste shall mean any disposed, discarded or unwanted materials generated or left over from manufacturing processes or refuse from human habitation or activities.

Wastewater and process wastewater shall mean any water which, during manufacturing, processing or any other use comes into direct contact with or results from the production or use of raw materials, chemicals, intermediate product, finished product, by-product, or waste product, human or animal excrement.

(Ord. No. 10966, § 1, 9-10-97)