7.39.030 DEFINITIONS.

Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms and other terms presently are defined as follows:

(a) "Authorized enforcement official" means the City Manager or designees that is/are authorized to enforce the provisions of this chapter.

(b) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(d) "City storm drain system" means and includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

(e) "Discharge" means: (1) any addition of any pollutant to the City storm drain system, including creeks, ditches, culverts and gutters, from any point source; or (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(f) "Illicit discharge" means any discharge to the City storm drain system, including creeks, ditches, culverts and gutters, that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities.

(g) "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater except those noted within an NPDES permit and this chapter.

(h) "Person" means any individual, partnership, firm, association, or public agency.

(i) "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water. A pollutant shall also include any increment of increase in the total volume or rate of stormwater runoff resulting from any activity or development occurring after the effective date of this ordinance.

(j) "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(k) "Storm water" or "stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

(l) "Stormwater treatment facility" means a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants, including, but not limited to, the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basin screens or filters, and proprietary stormwater treatment devices.

(m) "Type I Project" means small projects such as driveway approaches, sidewalk replacement, and under sidewalk drains. These will be covered under the encroachment permit process. Encroachment permit fees will be increased to account for administration and inspection costs, rather than developing a separate fee schedule for these projects.

(n) "Type II Project" means medium projects reviewed through the building permit process that do not require a planning application. Similar to the construction and demolition permit, the Building Department will direct applicants to the Public Works Department to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(o) "Type III Project" means medium projects that will require a planning application. A condition of approval will require applicants to pay a stormwater pollution prevention impact fee and/or have a stormwater pollution prevention permit issued, depending on the size and type of project.

(p) "Type IV Project" means large project sites, one (1) acre or greater. These projects are required to obtain a general permit that is issued by the State Water Resources Control Board. The City is responsible for the contractor's compliance with this permit. A condition of approval will require applicants to have a stormwater pollution prevention permit issued.

(q) "Watercourse" means a natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.