For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section:
AUTHORIZED INSPECTOR or DIRECTOR. The Director of Development Services of the City of Brea and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.
CITY. The City of Brea, Orange County, California or the County of Orange or the Orange County Flood Control District acting on behalf of the city, as the case may be.
CO-PERMITTEE. The County of Orange, the Orange County Flood Control District, and/or any one of the thirty-one (31) municipalities, including the City of Brea, which are responsible for compliance with the terms of the NPDES Permits.
DAMP. The Orange County Drainage Area Management Plan, as the same may be amended from time to time hereafter.
DEVELOPMENT PROJECT GUIDANCE. DAMP Chapter VII and the Appendix thereto, entitled best management practices for new development including non-residential construction projects, as the same may be amended from time to time hereafter.
DISCHARGE. 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.
DISCHARGE EXCEPTION. The group of activities not restricted or prohibited by this chapter, including only:
Discharges composed entirely of storm water; discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; 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, passive foundation drains, air conditioning condensation and other building roof runoffs agricultural irrigation water runoffs water from crawl space pumps, passive footing drains, lawn watering, non-commercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges authorized pursuant to a permit issued under § 13.32.060 hereof; discharges allowable under the domestic sewage exception; discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge; and discharges authorized pursuant to federal or state laws or regulations.
In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this DISCHARGE EXCEPTION.
DOMESTIC SEWAGE EXCEPTION. Discharges which are exceptions to 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.
ENFORCING ATTORNEY. The City Attorney, City Prosecutor or District Attorney acting as counsel to the City of Brea and his/her designee, which counsel is authorized to take enforcement action as described herein.
EPA. The Environmental Protection Agency of the United States.
HEARING OFFICER. The City Manager or his or her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised herein.
INVOICE FOR COSTS. The actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to § 13.32.040 of this chapter or where a notice of noncompliance, administrative compliance order or other enforcement option under § 13.32.050 of this chapter is utilized to obtain compliance herewith.
ILLICIT CONNECTION. 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.
LEGAL NONCONFORMING CONNECTION. Connections to the storm water drainage system existing as of the adoption of 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, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, Chapter 13.24 of this Code.
NEW DEVELOPMENT. All public and private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or grading for fixture construction, for which either a discretionary land use approval, grading permit, building permit or non-residential plumbing permit is required.
NON-RESIDENTIAL PLUMBING PERMIT. A plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.
NPDES PERMITS. The currently applicable municipal discharge permit[s] issued by the Regional Water Quality Control Board, Santa Ana Region [and/or the Regional Water Quality Control Board, San Diego Region, as appropriate], which permit[s] establishes waste discharge requirements applicable to storm water runoff in the city.
PERSON. 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.
POLLUTANT. Any liquid, solid or semi-solid substances, or combination thereof, including and not limited to:
1. Artificial materials (such as floatable plastics, wood products or metal shavings);
2. Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. Metals and non-metals, including compounds of metals and non-metals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);
6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; 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; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. Materials which contain base/neutral or acid extractible organic compounds;
10. Those pollutants defined in § 1362(6) of the Federal Clean Water Act; and
11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
PROHIBITED DISCHARGE. Any discharge which contains any pollutant, from public or private property to (1) the storm water drainage system; (2) any upstream flow, which is tributary to the storm water drainage system; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (4) any coastal harbor, bay, or the Pacific Ocean. The term PROHIBITED DISCHARGE shall not include discharges allowable under the discharge exception.
SIGNIFICANT REDEVELOPMENT. The rehabilitation or reconstruction of public or private residential (whether single family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a discretionary land use approval, grading permit, building permit or non-residential plumbing permit is required.
STATE GENERAL PERMIT. 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.
STORM WATER DRAINAGE SYSTEM. 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 city, and used for the purpose of collecting, storing, transporting, or disposing of storm water.
(Ord. 997, passed 8-19-97)