§ 16.34.010 DEFINITIONS.

   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      AUTOMOTIVE SERVICE FACILITY. A facility in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 5511, 7532-7534, or 7536-7539.

      BEST MANAGEMENT PRACTICES or BMPs. Methods, measures, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants in discharges to the MS4 and thence into waters of the United States. BMPs include treatment requirements, operating procedures and practices to control runoff, spillage or leaks, sludge or waste disposal and drainage from raw material storage; public education and outreach; proper planning of development projects; structural and non-structural controls; and operations and maintenance procedures which can be applied before, during and after pollution producing activities, including, but not limited to proper clean-out of catch basins and proper waste handling and disposal. See 40 C.F.R. § 122.2

      CONDITIONALLY EXEMPT ESSENTIAL NON-STORM WATER DISCHARGE. Conditionally exempt essential non-storm water discharges are certain categories of discharges that are not composed entirely of storm water and that are allowed by the Regional Water Board to discharge to the MS4, if in compliance with all specified requirements; are not otherwise regulated by an individual or general NPDES permit; and are essential public services that are directly or indirectly required by other State or federal statute and/or regulation. These include non-storm water discharges from drinking water supplier distribution system releases and nonemergency fire fighting activities. Conditionally exempt essential non-storm water discharges may contain minimal amounts of pollutants, however, when in compliance with industry standard BMPs and control measures, do not result in significant environmental effects. (See 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

      CONDITIONALLY EXEMPT NON-STORM WATER DISCHARGE. Conditionally exempt non-storm water discharges are certain categories of discharges that are not composed entirely of storm water and that are either not sources of pollutants or may contain only minimal amounts of pollutants and when in compliance with specified BMPs do not result in significant environmental effects. (See 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

      DIRECTOR. Shall mean the City of Alhambra Director of Public Works or his or her designee.

      DISCHARGE. Any release, spill, leak, pump, How, escape, dumping or disposal, of any pollutant, from any point source, into the environment, including waters of the United States, and city’s MS4.

      HAZARDOUS MATERIALS. Any materials, wastes or mixture of wastes defined as a “Hazardous Substance” or “Hazardous Waste” pursuant to § 311(b)(2) of the Clean Water Act, 33 U.S.C. § 1321(b)(2), or the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, (“HSAA”), Cal. Health & Safety Code §§ 25300 et seq., and all future amendments to any of them, or as defined by the State Water Resources Control Board or the California Regional Water Quality Control Board - Los Angeles. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous waste or water pollution, the terms “hazardous materials” and “hazardous waste” shall be construed to have the broader, more encompassing definition.

      ILLICIT CONNECTION. Any device or artifice, excluding roof drains and other similar connections, connected to the Municipal Separate Storm Sewer System, without a permit, through or by which an illicit discharge may be discharged. Examples include channels, pipelines, pipes, conduits, inlets and outlets connected directly to the Municipal Separate Storm Sewer System.

      ILLICIT DISCHARGE. Any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit, permitted discharges (which are exempt or conditionally exempt in accordance with any applicable order of the RWQCB-LA) and discharges resulting from fire fighting activities. ILLICIT DISCHARGE includes but is not limited to wash waters from the cleaning of retail gasoline outlets, auto repair garages and similar automotive service facilities; runoff from mobile auto washing, steam cleaning and mobile carpet cleaning, and other similar mobile commercial and industrial operations; discharges from areas where repair of machinery and equipment, including, but not limited to motor vehicles which are visibly leaking oil, fluid or antifreeze, is undertaken; discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; chlorinated or brominated swimming pool water and filter backwash; runoff from the washing of toxic materials from paved or unpaved areas; discharge of runoff from washing impervious surfaces at sites of industrial activity, unless specifically required by state or local health and safety codes; discharge of concrete or cement-laden wash water from concrete trucks, pumps, tools and equipment; litter; construction and demolition debris; fuel and chemical wastes; animal wastes; garbage, food and food processing wastes; cooking oil or grease; leaves, grass or other clippings, dirt or any other landscape debris or wastes; any pesticide, fungicide, or herbicide banned by or not registered with the United States Environmental Protection Agency or the California Department of Pesticide Regulation; wash or rinse water from any restaurant or automotive service facility floor mats; any liquid used as a cooling fluid in any radiator of any engine; batteries; and any other materials or solid waste which has potential adverse effects on water quality of receiving waters. ILLICIT DISCHARGE also includes any other discharge to the MS4 that is prohibited by this code, or any state or federal law.

      INDUSTRIAL/COMMERCIAL FACILITY. Any facility involved used for the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility used in providing professional and non-professional services. Includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC). Facility ownership (federal, stale, municipal, private) and profit motive of the facility’s owners or operators arc not factors in this definition.

      MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances including municipal streets, alleys, catch basins, curbs, gutters, ditches, man-made channels, storm drains, conduits, or other facilities owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting or disposing of storm water, which are not part of a publicly owned treatment works, and which discharges directly or indirectly (through another agency’s MS4) to waters of the United States.

      NON-STORM WATER DISCHARGE. Any discharge to a municipal separate storm sewer system that is not composed entirely of storm water. See illicit discharge above, and permitted discharge, below.

      NPDES. The “National Pollutant Discharge Elimination System” established by § 402 of the Clean Water Act, 33 U.S.C. § 1342, as it, from time to time, may be amended.

      PERMITTED DISCHARGE. The following non-storm water discharges: (1) separately regulated by an individual or general NPDES permit and allowed to discharge to the MS4 when in compliance with all NPDES permit conditions; (2) authorized by USEPA pursuant to sections 104(a) or 104(b) of CERCLA that either (i) will comply with water quality standards as applicable or relevant and appropriate requirements (“ARARs’”) under section 121(d)(2) of CERCLA or (ii) are subject to (a) a written waiver of ARARs by USEPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.4150); or (3) necessary for emergency responses purposes, including flows from emergency fire fighting activities.

      POLLUTANT. As defined in § 502(6) of the Clean Water Act, 33 U.S.C. § 1362(6), or incorporated into Cal. Water Code § 13373, discharged into water but shall not mean uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility, or any substance, the discharge of which into the MS4, through best management practices, has been reduced to the maximum extent practicable. Subject to the foregoing, POLLUTANT also includes but is not limited to wash waters from the cleaning of retail gasoline outlets, auto repair garages and similar automotive service facilities; runoff from mobile auto washing, steam cleaning and mobile carpet cleaning, and other similar mobile commercial and industrial operations; discharges from areas where repair of machinery and equipment, including, but not limited to motor vehicles which are visibly leaking oil, fluid or antifreeze, is undertaken; discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; chlorinated or brominated swimming pool water and filter backwash; runoff from the washing of toxic materials from paved or unpaved areas; discharge of runoff from washing impervious surfaces at sites of industrial activity, unless specifically required by state or local health and safety codes; discharge of concrete or cement-laden wash water from concrete trucks, pumps, tools and equipment; litter; construction and demolition debris; fuel and chemical wastes; animal wastes; garbage, food and food processing wastes; cooking oil or grease; leaves, grass or other clippings, dirt or any other landscape debris or wastes; any pesticide, fungicide, or herbicide banned by or not registered with the United States Environmental Protection Agency or the California Department of Pesticide Regulation; wash or rinse water from any restaurant or automotive service facility floor mats; any liquid used as a cooling fluid in any radiator of any engine; batteries; and any other materials or solid waste which has potential adverse effects on water quality of receiving waters.

      RESTAURANT. A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812).

      RETAIL GASOLINE OUTLET or RGO. Any facility engaged in selling gasoline and lubricating oils.

      SOLID WASTE. As defined by Cal. Pub. Res. Code § 40191, as it, from time to time, may be amended.

      STORM DRAIN. (See Municipal Separate Storm Sewer System or “MS4,” above).

      STORM WATER. Storm water runoff, snow melt runoff, and surface runoff and drainage.

      STORM WATER POLLUTION PREVENTION PLAN or SWPPP. A plan, as required by a slate general permit issued by the State Water Resources Control Board (“SWRCB”), identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-storm water discharges and to reduce pollutants in storm water discharges during activities covered by the general permit.

      STRUCTURAL BMP. Any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). May include both Treatment Control BMPs and Source Control BMPs.

      TREATMENT CONTROL BMP. Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

      WET SEASON. The period beginning on October 1 and ending at midnight on April 15, annually.

   (B)   Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act § 402, 33 U.S.C. § 1342(p), including, but not limited to 40 C.F.R. § 122.2 and 40 C.F.R. § 122.26.(b), and Cal. Water Code, Div. 7, as they may be amended from time to lime, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board - Los Angeles, as such permits may be amended from time to time.

(Ord. 4445, passed 2-10-03; Am. Ord. 4446, passed 2-24-03; Am. Ord. 4646, passed 12-9-13; Am. Ord. 4648, passed 12-9-13)