Section 327IAC15-13-5. Definitions

   In addition to the definitions contained in IC 13-11-2, 327 IAC 5, and 327 IAC 15-1-2, the following definitions apply throughout this rule:

(1) "Best management practice" or "BMP" means any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of storm water run-off. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices.

(2) "Buffer strip" means an existing, variable width strip of vegetated land intended to protect water quality and terrestrial and aquatic habitat in an adjacent resource or area.

(3) "Canine park" means a designated public location where dogs are restricted and animal waste may accumulate. For the purposes of this rule, the term does not include kennels, municipal dog impoundments, or humane society buildings.

(4) "Class V injection well" means a type of well, which typically has a depth greater than its largest surface dimension, emplaces fluids into the subsurface, and does not meet the definitions of Class I through Class IV wells as defined under 40 CFR 146.5. While the term includes the specific examples described in 40 CFR 144.81, septic systems that serve more than one (1) single-family dwelling or provide service for nondomestic waste, dug wells, bored wells, improved sinkholes, french drains, infiltration sumps, and infiltration galleries, it does not include surface impoundments, trenches, or ditches that are wider than they are deep.

(5) "Combined sewer" means a sewer that is designed, constructed, and used to receive and transport combined sewage.

(6) "Combined sewer operational plan" or "CSOOP" means a plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system:

(A) before;

(B) during; and

(C) upon completion of;

the implementation of a long term control plan.

(7) "Constructed wetland" means a manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to maximize pollutant removal.

(8) "Contiguity" means an entity's proximity to a designated MS4 area in such a way that it allows for direct discharges of storm water run-off into the regulated MS4 conveyance.

(9) "Conveyance" means any structural process for transferring storm water between at least two (2) points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.

(10) "Daily user population" means a population for an entity that is present at that location on a daily basis.

(11) "Dechlorinated swimming pool discharge" means chlorinated water that has either sat idle for seven (7) days following chlorination prior to discharge to the MS4 conveyance or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual.

(12) "Detention basin" means a type of storage practice used to detain or slow storm water run-off and then release it through a positive outlet.

(13) "Disposal" means the:

(A) discharge;

(B) deposit;

(C) injection;

(D) spilling;

(E) leaking; or

(F) placing;

of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.

(14) "Dry well" means a type of infiltration practice that allows storm water run-off to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.

(15) "Filter strip" means a type of vegetative practice used to filter storm water run-off through the use of planted or existing vegetation near disturbed or impervious surfaces.

(16) "Floatable" means any solid waste that, due to its physical characteristics, will float on the surface of water. For the purposes of this rule, the term does not include naturally occurring floatables, such as leaves or tree limbs.

(17) "Flood plain" means the area adjoining a river, stream, or lake that is inundated by the base flood as determined by 312 IAC 10.

(18) "Floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow from the base flood as determined by 312 IAC 10.

(19) "Full-time equivalent enrollment" means a college or university enrollment of undergraduate students currently taking fifteen (15) credit hours of course work and graduate or professional students currently taking twelve (12) credit hours of course work. Each respective fifteen (15) or twelve (12) credit hours of course work equals one (1) full-time equivalent.

(20) "Garbage" means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the:

(A) processing;

(B) handling;

(C) preparation;

(D) cooking;

(E) serving; or

(F) consumption;

of food or food materials.

(21) "General permit rule boundary" means an area based upon existing geographic or political boundaries indicating the area within which an MS4 conveyance affected by this rule is located.

(22) "Grass swale" means a type of vegetative practice used to filter storm water run-off via a vegetated, shallow-channel conveyance.

(23) "Ground water" means such accumulations of underground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.

(24) "Household hazardous waste" or "HHW" means solid waste generated by households that:

(A) is ignitable, as defined under 40 CFR 261.21;

(B) is toxic, as defined under 40 CFR 261.24;

(C) is reactive, as defined under 40 CFR 261.23;

(D) is corrosive, as defined under 40 CFR 261.22; or

(E) otherwise poses a threat to human health or the environment.

(25) "Hydrologic unit code" or "HUC" means a numeric United States Geological Survey code that corresponds to a watershed area. Each area also has a text description associated with the numeric code.

(26) "Illicit discharge" means any discharge to an MS4 conveyance that is not composed entirely of storm water, except naturally occurring floatables, such as leaves or tree limbs. Sources of illicit discharges include sanitary wastewater, septic tank effluent, car wash wastewater, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, and household hazardous wastes.

(27) "Impervious surface" means any surface that prevents storm water to readily infiltrate into the soils.

(28) "Individual NPDES permit" means an NPDES permit issued to one (1) MS4 operator that contains requirements specific to that MS4 conveyance.

(29) "Infiltration basin or trench" means a type of infiltration practice used to filter storm water run-off into soils via the use of installed structures with porous material.

(30) "Infiltration gallery" means a type of infiltration practice used to filter storm water run-off into soils that utilizes one (1) or more vertical pipes leading to a horizontal, perforated pipe laid within a trench, often backfilled with gravel or some other permeable material.

(31) "Infiltration practices" means any structural BMP designed to facilitate the percolation of run-off through the soil to ground water. Examples include infiltration basins or trenches, dry wells, and porous pavement.

(32) "Initial receiving water" means a water that is the direct recipient of a discharge from an MS4 area after the discharge passes through another MS4 conveyance.

(33) "Larger common plan of development or sale" means a plan, undertaken by a single developer or a group of developers acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designed, purchased, or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased construction by a single entity for its own use.

(34) "Legally binding agreement" means a written, enforceable legal document used to describe responsibilities between joint permittees or other entities.

(35) "Load allocation" means the portion of a receiving waterbody's loading capacity that is attributed either to one (1) of its existing or future nonpoint sources of pollution or to natural background sources.

(36) "Long term control plan" or "LTCP" means a plan that is:

(A) consistent with the federal Combined Sewer Overflow Control Policy (59 FR 18688); and

(B) developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long-Term Control Plan (EPA 832B95002).

(37) "Minimum control measure" or "MCM" refers to the following minimum measures required by this rule:

(A) Public education and outreach.

(B) Public participation and involvement.

(C) Illicit discharge detection and elimination.

(D) Construction site run-off control.

(E) Postconstruction run-off control.

(F) Pollution prevention and good housekeeping.

(38) "MS4 area" means a land area comprising one (1) or more places that receives coverage under one (1) NPDES storm water permit regulated by this rule or 327 IAC 5-4-6(a)(4) and 327 IAC 5-4-6(a)(5).

(39) "MS4 entity" means a public or private body that owns, operates, or maintains a storm water conveyance system, including a transportation agency operated by that body. The term can also include federal, state, city, town, county, district, association, or township public bodies and privately owned universities, colleges, or storm water utilities. For the purposes of this rule, the term does not include non-MS4 entity-owned shopping malls, office parks, apartment complexes, golf courses, churches, or hotels.

(40) "MS4 operator" means the person responsible for development, implementation, or enforcement of the MCMs for a designated MS4 area.

(41) "Municipal separate storm sewer system" or "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:

(A) owned or operated by a:

(i) federal, state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over storm water, 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

(ii) privately owned storm water utility, hospital, university, or college having jurisdiction over storm water that discharges into waters of the state;

(B) designed or used for collecting or conveying storm water;

(C) not a combined sewer; and

(D) not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

(42) "Municipal, state, federal, or institutional refueling area" means an operating gasoline or diesel fueling area whose primary function is to provide fuel to either municipal, state, federal, or institutional equipment or vehicles.

(43) "Mutual drain" means a drainage system that:

(A) is located on two (2) or more tracts of land that are under different ownership;

(B) was established by the mutual consent of all the owners; and

(C) was not established under or made subject to any drainage statute.

(44) "Nonpoint source" means a source of water pollution that does not meet the definition of point source. The term includes in-place pollutants, direct wet and dry deposition, ground water inflow, and overland run-off.

(45) "Notice of deficiency letter" or "NOD letter" means a written notification from the department indicating an MS4 entity's deficiencies in its NOI letter or SWQMP submittals.

(46) "Notice of intent letter" or "NOI letter" means a written notification indicating an MS4 entity's intention to comply with the terms of this rule in lieu of applying for an individual NPDES permit and includes information as required under sections 6 and 9 of this rule. It is the application for obtaining permit coverage under this rule.

(47) "Notice of sufficiency letter" or "NOS letter" means a written notification from the department indicating that an MS4 entity has sufficiently provided the required information in its NOI letter or SWQMP submittals.

(48) "Notice of termination letter" or "NOT letter" means a written notification from the department indicating that an MS4 entity has met the conditions to terminate its permit coverage under this rule.

(49) "Open space" means any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.

(50) "Outfall" means a point source discharge via a conveyance of storm water run-off into a water of the state.

(51) "Outfall scouring" means the deterioration of a stream bed or lake bed from an outfall discharge to an extent that the excessive settling of solid material results and aquatic habitat is diminished.

(52) "Point source" means any discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure.

(53) "Pollutant of concern" means any pollutant that has been documented via analytical data as a cause of impairment in any waterbody, or to another MS4, to which the MS4 discharges.

(54) "Porous pavement" means a type of infiltration practice to improve the quality and reduce the quantity of storm water run-off via the use of manmade, pervious pavement which allows run-off to percolate through the pavement and into underlying soils.

(55) "Private drain" means a drainage system that:

(A) is located on land owned by one (1) person or by two (2) or more persons jointly; and

(B) was not established under or made subject to any drainage statute.

(56) "Programmatic indicator" means any data collected by an MS4 entity that is used to indicate implementation of one (1) or more minimum control measures.

(57) "Qualified professional" means an individual who is trained and experienced in storm water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make sound, professional judgments regarding storm water control or treatment and monitoring, pollutant fate and transport, and drainage planning.

(58) "Rain garden" means a vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall.

(59) "Receiving stream" or "receiving water" means a waterbody that receives a discharge from an outfall. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.

(60) "Redevelopment" means alterations of a property that change a site or building in such a way that there is disturbance of one (1) acre or more of land. The term does not include such activities as exterior remodeling.

(61) "Responsible individual" means the person responsible for development, implementation, or enforcement of the MCMs for a designated MS4 entity.

(62) "Retail gasoline outlet" means an operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create five thousand (5,000) or more square feet of impervious surfaces or generate an average daily traffic count of one hundred (100) vehicles per one thousand (1,000) square feet of land area.

(63) "Retention basin" means a type of storage practice, that has no positive outlet, used to retain storm water run-off for an indefinite amount of time. Run-off from this type of basin is removed only by infiltration through a porous bottom or by evaporation.

(64) "Riparian habitat" means a land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.

(65) "Riparian zone" means a land area adjacent to a waterbody that is directly associated with that waterbody.

(66) "Sand" means mineral material with a size range between two (2) and one-sixteenth (¹/₁₆) millimeter diameter.

(67) "Sedimentation" means the settling and accumulation of unconsolidated material carried by storm water run-off.

(68) "Sensitive area" means a waterbody identified as needing priority protection or remediation based on:

(A) having endangered or threatened species or their habitat;

(B) usage as a public surface water supply intake;

(C) usage for full body contact recreation, such as bathing beaches; or

(D) outstanding state resource water classification as found in 327 IAC 2-1-11(b), 327 IAC 2-1.3-3(d), and 327 IAC 2-1.5-19(b).

(69) "Significant contributor of pollutants" means an MS4 entity or industrial facility that contributes pollutants into an MS4 conveyance in such a quantity or quality and to such a degree that it impacts the receiving MS4 operator's ability to comply with applicable state or federal law.

(70) "Soil and water conservation district" or "SWCD" means a political subdivision established under IC 14-32.

(71) "Solid waste" means any garbage, refuse, sludge for a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:

(A) solid or dissolved material in:

(i) domestic sewage; or

(ii) irrigation return flows or industrial discharges;

that are point sources subject to permits under Section 402 of the Clean Water Act;

(B) source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

(C) manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or

(D) vegetative matter at composting facilities registered under IC 13-20-10.

(72) "Spill" means the unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

(73) "Storage practices" means any structural BMP intended to store or detain storm water and slowly release it to receiving waters or drainage systems. The term includes detention and retention basins.

(74) "Storm drain marking" means any marking procedure that identifies a storm sewer inlet as draining directly to a receiving waterbody so as to avoid dumping pollutants. The procedures can include painted or cast messages and adhesive decals.

(75) "Storm water quality management plan" or "SWQMP" means a comprehensive written document that addresses storm water run-off quality within an MS4 area. The SWQMP is divided into three (3) different submittal parts as follows:

(A) Part A-Initial Application.

(B) Part B-Baseline Characterization and Report.

(C) Part C-Program Implementation.

(76) "Stream reach characterization and evaluation report" or "SRCER" means a written report that characterizes and evaluates the pollutant sources on receiving waters from a combined sewer system discharge.

(77) "Total maximum daily load" or "TMDL" means the sum of the daily individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background minus the sum of a specified margin of safety and any capacity reserved for growth. A TMDL sets and allocates the maximum daily amount of a pollutant that may be introduced into a waterbody and still assure attainment and maintenance of water quality standards.

(78) "Traffic phasing plan" means a written plan that addresses the installation of appropriate pollution prevention practices that is directly related to the land disturbance associated with infrastructure constructed to reroute vehicular traffic within an active construction zone. The term does not include detours that are directed away from the active construction area.

(79) "Urbanized area" or "UA" means a land area comprising one (1) or more places that together have a residential population of at least fifty thousand (50,000) and an overall population density of at least five hundred (500) people per square mile.

(80) "Vegetative practices" means any nonstructural or structural BMP that, with optimal design and good soil conditions, utilizes various forms of vegetation to enhance pollutant removal, maintain and improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include grass swales, filter strips, buffer strips, constructed wetlands, and rain gardens.

(81) "Waste transfer station" means a place where solid wastes are segregated for additional off-site processing or disposal.

(82) "Wasteload allocation" means the portion of a receiving stream's loading capacity that is allocated to one (1) of its existing or future point sources of pollution.

(83) "Waterbody" means any accumulation of water, surface or underground, natural or artificial, including rivers, streams, creeks, ditches, swales, lakes, ponds, marshes, wetlands, and ground water. The term does not include any storage or treatment structures.

(84) "Watercourse" means the path taken by flowing surface water.

(85) "Watershed" means an area of land from which water drains to a common point.

(86) "Wellhead protection area" has the meaning set forth at 327 IAC 8-4.1-1(27).

(Water Pollution Control Division; 327 IAC 15-13-5; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3578; errata filed Sep 8, 2003, 3:15 p.m.: 27 IR 191; filed Nov 10, 2014, 1:51 p.m.: 20141210-IR-327130290FRA; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA)