Title 7 - Health and Sanitation

7.58 Stormwater Pollution to Storm Sewers and Surface Waters

7.58.030 Definitions.

For the purposes of this Act, the following definitions shall apply:

  1. A.
    Best management practices (BMPs) means physical facilities, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters or the City's MS4.

Effective on: 1/1/1901

  1. B.
    Car means any vehicle meeting the definition for passenger car, passenger van, pickup truck, motorcycle, recreational vehicle, or motor home given in Chapter 7.22 of the Code.

Effective on: 1/1/1901

  1. C.
    City means the City of Overland Park, Kansas.

Effective on: 1/1/1901

  1. D.
    Code means the City of Overland Park Municipal Code.

Effective on: 1/1/1901

  1. E.
    Director means the Director of Planning and Development Services Department or the Director's authorized representative.

Effective on: 1/1/1901

  1. F.
    Discharge means the addition, release or introduction, directly or indirectly, of any pollutant, water, or other substance into the MS4 or surface waters.

Effective on: 1/1/1901

  1. G.
    Domestic sewage means human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, retail and commercial establishments, factories, and institutions, that is free from industrial waste.

Effective on: 1/1/1901

  1. H.
    Extremely hazardous substance means any substance listed in the appendices to 40 CFR Part 355, Emergency Planning and Notification.

Effective on: 1/1/1901

  1. I.
    Fertilizer means a substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers.

Effective on: 1/1/1901

  1. J.
    Hazardous household waste (HHW) means any material generated in a household (including single and multiple residences) by a consumer which, except for the exclusion provided in 40 CFR Section 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.

Effective on: 1/1/1901

  1. K.
    Hazardous substance means any substance listed in Table 302.4 of 40 CFR Part 302.

Effective on: 1/1/1901

  1. L.
    Hazardous waste means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

Effective on: 1/1/1901

  1. M.
    Industrial waste means any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business.

Effective on: 1/1/1901

  1. N.
    Municipal separate storm sewer system (MS4) means the system of conveyances, (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

Effective on: 1/1/1901

  1. O.
    NPDES permit means for the purpose of this chapter, a permit issued by United States Environmental Protection Agency (EPA) or the state of Kansas that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Effective on: 1/1/1901

  1. P.
    Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities.

Effective on: 1/1/1901

  1. Q.
    Pesticide means a substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest, or substances intended for use as a plant regulator, defoliant, or desiccant, including all herbicides, fungicides, and insecticides.

Effective on: 1/1/1901

  1. R.
    Pollutant means any substance or material which contaminates or adversely alters the physical, chemical or biological properties of water, including changes in temperatures, taste, odor, turbidity, or color; where such substance may include but is not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, yard waste, hazardous household wastes, used motor oil, anti-freeze, litter, and industrial, municipal, and agricultural waste discharged into water.

Effective on: 1/1/1901

  1. S.
    Property Owner shall mean the named property owner as indicated by the records of the Register of Deeds of Johnson County, Kansas.

Effective on: 1/1/1901

  1. T.
    Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, introducing, or disposing into the MS4 and/or surface waters.

Effective on: 1/1/1901

  1. U.
    Sanitary sewer means the system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to a sewage treatment plant and to which stormwater, surface water, and groundwater are not intentionally admitted.

Effective on: 1/1/1901

  1. V.

    Septic tank waste means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Effective on: 1/1/1901

  1. W.
    Sewage means the domestic sewage and/or industrial waste that is discharged into the sanitary sewer system and passes through the sanitary sewer system to a sewage treatment plant for treatment.

Effective on: 1/1/1901

  1. X.
    Solid Waste means any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, municipal, commercial, mining, agricultural operations and community and institutional activities.

Effective on: 1/1/1901

  1. Y.
    State means the state of Kansas.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

  1. AA.
    Surface waters means any body of water designated as "surface waters" by the state of Kansas, including streams, rivers, creeks, brooks, sloughs, draws, arroyos, canals, springs, seeps, cavern streams, alluvial aquifers associated with these surface waters, lakes, man-made reservoirs, oxbow lakes, ponds, and wetlands, as well as any other body of water designated by the federal government as a "water of the United States."

Effective on: 1/1/1901

BB. Water quality standard means the designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901