Sec. 26-171.  Definitions.


Accidental discharge:  A discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.


Authorized enforcement agency:  The city engineering division or its designee shall implement and enforce the provisions of this article.


Best management practices:  Schedules of activities, prohibitions of practices, general good house keeping 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 water, or stormwater conveyance systems.  Best management practices 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.


Building phase of development: Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit.


Clean Water Act:  The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and subsequent amendments thereto.


Common plan of development or sale: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, an announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.


Construction activity:  Activities subject to the National Pollutant Discharge Elimination System Construction Permits.  Currently these include construction projects resulting in land disturbance of at least one acre or less than one acre if part of a larger common plan of development or sale that will disturb at least one acre.  Such activities include but are not limited to clearing and grubbing, grading, excavation, demolition and other land disturbing actions.


Construction site: Any location where construction activity occurs.


Contractor:  Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipe work, paving, building, plumbing, mechanical, electrical, landscaping or material supply.


Clearing:  Any activity that removes the vegetative surface cover.


Disturbed area:  Area of the land's surface disturbed by any work or activity upon the property, by means including but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal or deposit of any rock, soil, or other materials, or other activities which expose soil.  Disturbed area does not include the tillage of land that is zoned for agricultural use.


Drainage plan:  A schematic of the proposed area and how it connects to city's storm sewer system which includes proposed location, grade, direction of flow, elevations, drainage structures and drainage areas.


Earthwork:  The disturbance of soil on a site associated with construction activities.


Erosion:  The detachment and movement of soil or rock fragments by water, wind, ice or gravity.


Erosion and sediment control plan:  A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification and guidance.


Erosion control:  Measures that prevent soil erosion to the maximum extent practicable.


Final stabilization:  When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.  For purposes of this article, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization.


Financial security:  A surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantees provided to the city to assure that a construction stormwater pollution prevention plan is carried out in compliance with requirements of this article.


Hazardous material:  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.


Illicit discharge:  Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in this article.


Illicit connections:

(a)  Any drain or conveyance, whether on the surface or subsurface, which allows any illicit discharge to enter the storm drain system including, but not limited to, any conveyance which allows any non-stormwater discharge including sewage, process wastewater, or wash water to enter the storm drain system


(b)  Any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency.


(c)  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.


(d)  An illicit connection does not include connections that are allowed under section 26-178 of this article.


Industrial activity:  Activities subject to National Pollutant Discharge Elimination System Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).


Municipal Separate Storm Sewer System or "MS4":  A conveyance or system of conveyances including roads with drain systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:


(a)  Owned or operated by the city.

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

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

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


National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit:  A permit issued by EPA (or by a State under authority delegated pursuant to 33USC 1342 (B) that authorizes the discharge of pollutants to water of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.


Non-stormwater discharge:  Any discharge to the storm drain system that is not composed entirely of stormwater.


Operator:  The individual who has day-to-day supervision and control of activities occurring at the site.  This can be the owner, the developer, the general contractor or the agent of one of these parties.  It is anticipated that at different phases of a project or areas of a facility, different types of parties will satisfy the definition of "operator" and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change.


Outfall:  The point of discharge to any watercourse from a public or private storm drain system.


Owner:  Any person, agent, operator, firm or corporation having a legal or equitable interest in a facility, development, part of a facility, or land.


Person:  Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.


Phasing:  Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.


Pollutant:  Anything which causes or contributes to pollution.  Pollutants may include, but are not limited to:  paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform 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.


Post-construction:  The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity.


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


Receiving water:  Any water of the State, including any and all surface waters that are contained in or flow in or through the State, all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm drain systems owned by other entities.


Sediment:  Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.


Sediment control:  Measures that prevent eroded sediment from leaving the site.


Site:  The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.


Site plan:  A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping.


Spill:  A release of solid or liquid material, which may cause pollution of the Municipal Separate Storm Sewer System or waters of the State.


Stabilization:  The use of practices that prevent exposed soil from eroding.


Storm drain system:  Any publicly owned facility 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:  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:  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 pollutants to the maximum extent practicable.


Subdivision development:  Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.


Utility agency/contractor:  Private utility companies, public utility departments, or other utility providers, contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.


Wastewater:  Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.


Watercourse:  Any depression or draw below the surrounding lands and having a continuous outlet to a stream of water, river, brook or storm drain system shall be deemed a watercourse.


Waters of the State:  Any and all surface and subsurface waters that are contained in or flow in or through the State of Nebraska.  The definition includes all watercourses, even if they are usually dry.


Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12; Ord. No. 5624, 6, 8-5-19;