For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings specified herein.
.010 "Authorized Inspector" shall mean the Director of Public Works/City Engineer, hereinafter "Director," and persons designated and under the instruction and supervision of the Director of Public Works/City Engineer who are assigned to investigate compliance and detect violations of the ordinance codified in this chapter.
.020 "City" shall mean the City of Anaheim, Orange County, California.
.030 "Co-Permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the thirty-one municipalities, including the City of Anaheim, which are responsible for compliance with the terms of the NPDES Permit.
.040 "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
.050 "Development Project Guidance" shall mean DAMP Chapter VII and the appendix thereto, entitled Best Management Practices for New Development Including Non-Residential Construction Projects.
.060 "Director" shall mean the City of Anaheim Director of Public Works/City Engineer or his or her designee.
.070 "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
.080 "Discharge Exception" shall mean the group of activities not restricted or prohibited by the ordinance codified in this chapter, including only:
Discharges composed entirely of storm water, discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency, discharges to the Storm Water Drainage System from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems), discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, non-commercial vehicle washing at residences, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, public street wash waters when related to cleaning and maintenance by, or on behalf of, the City of Anaheim, and discharges authorized pursuant to federal or state laws or regulations.
The discharge exception shall not include discharges resulting from active groundwater dewatering systems.
.090 "Domestic Sewage Exception" shall mean discharges which are exceptions to the ordinance codified in this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:
Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.
.100 "Enforcing Attorney" shall mean the City Attorney and/or his or her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the City Attorney shall act as the Enforcing Attorney.
.110 "EPA" shall mean the Environmental Protection Agency of the United States.
.120 "Hearing Officer" shall mean the City Manager or his or her designee, who shall preside at the administrative hearings authorized by the ordinance codified in this chapter and issue final decisions on the matters raised therein.
.130 "Invoice for Costs" shall mean the actual costs and expenses of the City of Anaheim, including but not limited to administrative overhead, salaries and other expenses, including attorneys' fees, recoverable under State law, incurred during any inspection conducted pursuant to Section 10.09.050 of the ordinance codified in this chapter, where a notice of noncompliance, administrative compliance order or other enforcement option under Section 10.09.060 of the ordinance codified in this chapter is utilized to obtain compliance with the ordinance codified in this chapter.
.140 "Illicit Connection" shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the Storm Water Drainage System occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the Storm Water Drainage System that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
.150 "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage System existing as of the adoption of the ordinance codified in this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established.
.160 "Local Permit" shall mean a storm drain discharge permit into City of Anaheim storm drains, issued by the Director on application of the owner of private property or the operator of any facility, for storm drain discharges not otherwise controlled by permits issued by the State Water Quality Control Boards or the State Water Resources Control Board.
.170 "Local General Permit" shall mean a Local Permit developed by the Director for specific categories of activities which are similar in operation and which may be subjected to standardized requirements.
.180 "New Development" shall mean the construction or expansion of more than one thousand square feet of all public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and/or other non-residential construction projects, or mass grading for future construction, for which either a discretionary land use approval, grading permit, or building permit is required.
.190 "NPDES Permit" shall mean the municipal discharge permit(s) issued by the Santa Ana and/or San Diego Regional Water Quality Control Board(s) and entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the Santa Ana Region Storm Water Runoff Management Program (Areawide Urban Storm Water Runoff), Orange County Order No. 90-71 (NPDES No. CA 8000180)" (the "Santa Ana Regional Board Permit") and/or "Waste Discharge Requirements for Storm Water and Urban Runoff from the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County Within the San Diego Region Storm Water Runoff Management Program (Areawide Urban Storm Water Runoff), San Diego County Order No. 90-38 (NPDES No. CA 0108740)" (the "San Diego Regional Board Permit"). The Santa Ana Regional Board NPDES Permit and/or the San Diego Regional Board NPDES Permit shall be referred to (collectively) hereinafter as the "NPDES Permit."
.200 "Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
.210 "Pollutant" shall include but not be limited to the following liquid, solid or semi-solid substances, or combination thereof:
(1) Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings);
(2) Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers, used oil and fluids from vehicles, lawn mowers and other common household equipment);
(3) Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metal elements, such as phosphorus and arsenic;
(4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
(5) Excessive eroded soils, sediment and particulate materials;
(6) Animal wastes, including but not limited to discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields;
(7) Substances having characteristics such as a pH less than 6.5 or greater than 8.5, or unusual coloration, or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;
(8) Construction waste materials and wastewater generated on construction sites and by construction activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, acrylic lacquer, acrylic urethane, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing), including but not limited to calcium chloride, creosote and creosote solutions, ammoniacal copper arsenate, chromated copper arsenate;
(9) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
(10) Materials which contain base/neutral or acid extractible organic compounds;
(11) Those pollutants defined in Section 1362(6) of the Federal Clean Water Act;
(12) Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.
Standards for determining "excessive" amount of soils, sediment, particulate matter, "excessive" herbicides, pesticides and fertilizers, "excessive" fecal coliform, fecal streptococcus or enterococcus, or other qualifying measures or determinants shall be those levels determined to be harmful to health and safety and/or those levels specified in guidelines established by the Orange County Environmental Management Agency and/or the Santa Ana Regional Water Quality Control Board and/or the State Water Resources Control Board, and/or any other federal, state or local regulatory agencies with appropriate jurisdiction in such matters.
The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility.
.220 "Private Property" shall mean any real property, irrespective of ownership, which is not open to the general public.
.230 "Prohibited Discharge" shall mean any discharge which is not composed entirely of storm water or which contains any pollutant, from public or private property to (i) the Storm Water Drainage System; (ii) any upstream flow, which is tributary to the Storm Water Drainage System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (iv) any coastal harbor, bay, or the Pacific Ocean.
The term "prohibited discharge" shall not include: (a) discharges occurring in compliance with the NPDES Permit, (b) discharges occurring pursuant to a State General Permit or other Regional Water Quality Control Board, State Water Resources Control Board or U.S. Environmental Protection Agency issued NPDES Permit or permit waiver, (c) discharges authorized pursuant to a permit issued under Section 10.09.040 hereof, (d) discharges allowable under the discharge exception, or (e) discharges allowable under the domestic sewage exception.
.240 "Responsible Party" shall mean the person(s) identified in and responsible for compliance with the provisions of a water quality management plan approved by the City of Anaheim Public Works Department.
.250 "Significant Redevelopment" shall mean the remodeling or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, involving more than fifty percent of the structure for which either a discretionary land use approval, grading permit, or building permit is required.
.260 "State General Permit" shall mean either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities.
.270 "Storm Water Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide storm water runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any Co-Permittee City, and used for the purpose of collecting, storing, transporting or disposing of storm water. (Ord. 5463 § 1 (part); December 13, 1994.)