Section 12A-161 Definitions.

The following definitions apply to this article:

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

Best Management Practices (BMP). Activities, practices and procedures to prevent or control the discharge of pollutants directly or indirectly into the municipal storm drain system, waters of the State and waters of the United States. BMPs include but are not limited to treatment facilities to remove pollutants from storm waters; operating and maintenance procedures; facility management practices to control runoff, spills or leaks of storm water, waste disposal, and drainage from material storage; erosion and sediment control practices; the prohibition of specific activities, practices and procedures; and such other provisions the city determines appropriate for the control of pollutants.

Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.

Contaminated. Containing a harmful quantity of any substance.

Contamination. The presence of or entry into the municipal separate storm sewer system, waters of the State or waters of the United States of any substance which may be deleterious to the public health or quality of the water.

Director. The director of public works.

Discharge. Any addition or introduction of any pollutant, storm water or any other substance whatsoever into the municipal separate storm sewer system or into the waters of the state or waters of the United States.

Discharger. Any person who causes, allows, permits or is otherwise responsible for a discharge including any operator of a construction site or industrial facility.

Enforcement official. Any person designated by the director to enforce the provisions of this article.

Environmental Protection Agency or EPA. The United States Environmental Protection Agency or any duly authorized official of that agency.

Hearing officer. The director or a person designated by the director to conduct hearings under this article.

Illicit connections. An illicit connection is any drain or conveyance not specifically allowed by this article:

(1) Which allows a discharge;

(2) Which is connected to the storm drain system from indoor drains and sinks regardless of whether the drain or connection was previously allowed, permitted or approved by a governmental agency; or

(3) 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 the city.

Municipal Separate Storm Sewer System. The system of conveyances including roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains owned and operated by the city and designed or used for collecting or conveying storm water and which is not intended for collecting or conveying sewage.

National Pollutant Discharge Elimination System (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Section 307, 402, 318 and 405 of the Federal Clean Water Act.

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

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; yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations that 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, including but not limited to sediments, slurries and concrete rinsates; and noxious or offensive matter of any kind.

Pollution. The human made or human induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, the waters for beneficial uses or the facilities which serve these beneficial uses.

Storm drain system. The municipal separate storm sewer system.

Storm water. Any flow occurring during or following any form of natural precipitation and resulting from such precipitation including snow melt.

Storm water 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 pollutant discharges to storm water, storm water conveyance systems, and receiving waters to the maximum extent practicable.

(Ord. No. 18297, § 1, 11-1-04)

(Ord. 18297, Added, 11/01/2004)