Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Best Management Practices (BMPs) are physical, structural and/or managerial practices that, when used singly or in combination, control site run-off, spillage and leaks, waste disposal and drainage from raw material storage and prevent or reduce the discharge of pollutants.
(b) "Construction work or activity" is those activities requiring an NPDES permit.
(c) "Mayor" is the chairman of the Sanitary Board.
(d) “Facility" for purposes of this Article is a building, structure, installation or construction site in which pollutants are produced and/or generated and/or discharged as a result of a process or processes, conducted within the building, structure or installation.
(e) "Footing drain" is a pipe or conduit, which is placed around the perimeter of a building foundation or other structures for the purpose of admitting ground water.
(f) "Illicit connection" means any direct or indirect non-stormwater discharge to a publicly maintained storm drain system that is not permitted by the Sanitary Board from the date of enactment of this article.
(g) "Illicit discharge" means any discharge, surface or subsurface, to a storm drain or into the stormwater collection system that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit, discharges resulting from firefighting activities, and other discharges exempted in this article.
(h) "Impervious area" is land area covered by building, pavement, gravel or other material that significantly inhibits stormwater from penetrating the soil.
(i) "Industrial sites" are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CPR 122.26 (a)(6) or (b)(14).
(j) "Multi-unit property" is a residential, non-residential or commercial property of any size that has located upon the property two or more tenants, at least one of which having no ownership interest in the property.
(k) “MS4" means Municipal Separate Storm Sewer System. The Village of Barboursville is a regulated MS4 under the NPDES program.
(l) "NPDES" means National Pollutant Discharge Elimination System. A permitting program with authority from the Clean Water Act.
(m) “Non-stormwater" is all flows to the storm water system not defined as storm water by this article or as determined by the Municipality. This includes, but is not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(n) "Pervious area" is all land area that is not impervious.
(o) "Pollutant" means objects including, but not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, grease, petroleum products, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, dirt, industrial, municipal and agricultural waste, gasses entrained in water, paints, oil and other automotive fluids, soil, rubbish, debris, materials containing fecal coliform, fecal streptococcus, and enterococcus, heavy metals, hazardous wastes, yard waste from commercial landscaping operations, animal waste, materials that result from the process of building, and offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.
(p) "Pollution" is the degradation of the physical, thermal, chemical, biological or radioactive properties of the waters of the State and/or the discharge of any pollutant to the waters of the State which will or are likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare or to the beneficial use of the water and/or the water environment.
(q) "Private Facility" is a stormwater facility not otherwise classified as a public facility as defined in below.
(r) "Public Facility" is a stormwater facility that serves two or more properties, including, but not limited to, main pipelines that collect and transmit stormwater from two or more properties, and all taps or other connections onto a public facility. Public facilities that are privately owned upon enactment of this article shall become publicly owned facilities, and thus the responsibility of the VOB, only upon conveyance by the private owner of the facilities and ancillary property rights and acceptance by the VOB of the conveyance.
(s) "Real Property" as used in this article, is land and fixtures and improvements upon that land, but does not include public streets or sidewalks.
(t) "Service Area" is all areas within the political boundaries of the Village of Barboursville.
(u) “Stormwater" is natural precipitation, surface runoff water, ground water discharge, water from operation of the water distributions system, water used in fire fighting, runoff from street sweeping, flows from footing drains and all other discharge sources identified in the Village's stormwater NPDES permit, except as may be defined as nonstormwater by this article.
(v) "Stormwater Facilities" are stormwater control structures, best management practice and any facilities that manage, capture, infiltrate, filter, evapotranspire or otherwise treat stormwater runoff.
(w) "Stormwater management" is the process of collection, conveyance, storage, treatment and disposal of storm water to ensure control of the magnitude and frequency of runoff to minimize the impact of the runoff upon the water quality of the receiving stream and the other hazards associated with flooding.
(x) "Stormwater service charge" is a flat rate charge, a charge based on land area, and/or a non-stormwater user change.
(y) "Stormwater system" is public and private stormwater sewers, drains, ditches, streets, retention/detention ponds, dams, river impoundments and flood control, facilities used for collecting and transporting stormwater and non-stormwater.
(z) "User" is a firm, person or property which is legal owner or occupant of property that directly or indirectly contributes stormwater or non-stormwater flows to the stormwater system, whether within or outside the corporate limits of the Village of Barboursville.
(aa) "VOB" is the Village of Barboursville, West Virginia, and its duly elected and appointed officers and employees.
(bb) "VOB watershed" is that area within the corporate limits of the Village of Barboursville, and designated areas outside of those limits, over which surface water naturally drains into the Village of Barboursville. Designation of areas outside of the corporate limits of the Village of Barboursville shall be made by the Director.
(Ord. 2015-9. Passed 11-17-15.)