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LAND DISTURBANCE, OR EARTHWORKS, means any activity that changes the physical
condition of the land surface, including but not limited to grading, grubbing, clearing,
excavation, filling, removal of vegetation, and storage of materials.
LANDFILL means location where waste materials are deposited on or buried
within the soil or subsoil. Included are open dumps and landfills built and/or operated
prior to the passage of the Missouri Solid Waste Management Law as well as those
built and/or operated since.
MUNICIPAL SEPARATE STORM SEWER means a conveyance or system of conveyances
including roads and highways with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, paved or unpaved channels or storm drains designated and
utilized for routing of storm water, creeks, streams and tributaries which:
1. Does not include any waters of the State as defined in this Section; and
2. Is contained within the municipal corporate limits or is owned and operated by
the City; and,
3. Is not a part or portion of a combined sewer system; and
4. Is not a part of a POTW.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 means the City's system of municipal
separate storm sewers as defined in this Section.
NONDOMESTIC SOURCE means any person who discharges or causes or allows the
discharge, either directly or indirectly, into the City's POTW, into the municipal
separate storm sewer system or into waters of the State of nondomestic wastes.
NONDOMESTIC WASTES means the wastes from industrial processes (including
wastes from any sources identified as industrial users as defined in this Section),
wholesale or retail trade or business (including food preparations concerns and
businesses operated from a residence), as distinct from domestic or sanitary wastes.
Nondomestic wastes may also include storm water associated with industrial activity
as defined in this Article and/or storm water associated with land disturbance activities
subject to erosion control permitting requirements under City Code.
PERSON means any individual, firm, company, association, society, corporation,
group, partnership, copartnership, joint stock 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 the context.
POLLUTANT means any filter backwash; dredged spoil; solid waste; incinerator
residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological
materials; radioactive materials; heat; wrecked or discarded equipment or materials;
rock; gravel; soil; sediment; sand; dirt; dust; construction materials and wastes,
including natural rock and soil overburden; animal waste; vegetation; yard waste;
significant materials as defined in this Section; nondomestic, domestic, municipal,
and agricultural wastes; and any other solid, liquid, or gaseous substance, material,
or waste that is discharged into water or that has the potential to enter into any
waters conveyed by a municipal separate storm sewer or into waters of the State.
POLLUTION in this Article means contamination or other alterations of the
physical, chemical or biological properties of any waters conveyed by a municipal
separate storm sewer or of any waters of the State, including change in temperature,
taste, color, turbidity or odor of the waters, or discharge of any liquid, gaseous,
solid, radioactive or other substance into any waters conveyed by a municipal separate
storm sewer or into any waters of the State which will or is reasonably certain
to create a nuisance or render the waters harmful, detrimental or injurious to public
health, safety or welfare, or to domestic, industrial, agricultural, recreational
or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic
POTW (denoting Publicly Owned Treatment Works) means the treatment works
as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the State
or a municipality, including any devices and systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to the POTW wastewater treatment
plant. The term also means the municipal entity having jurisdiction over the discharges
to and from such a treatment works.
PUBLIC STORM SEWER means a municipal separate storm sewer as defined in this
Section which is owned by the City.
PUBLIC SEWER means a sewer that is owned by the City of Independence.