Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Authorized Enforcement Agency" employees of the City of Clarksburg designated to enforce this article.
(b) "Best Management Practices" or "BMPs'' are physical or structural practices, schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management 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 directly or indirectly to waters of the State or to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(c) "City" means the City of Clarksburg, West Virginia.
(d) "City watershed" are those areas within the corporate limits of the City, and designated areas outside of those limits, over which surface water naturally drains into the City. Designation of areas outside of the corporate limits of the City shall be made by the Director.
(e) "CFR" means the Code of Federal Regulations.
(f) "Clean Water Acf' means the federal Water Pollution Control Act, and any subsequent amendments thereto.
(g) "Construction Activity" are activities subject to NPDES Construction Permits. Activities subject to NPDES Construction Permits include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
(h) "Department of Environmental Protection" or "DEP" means the West Virginia Department of Environmental Protection.
(i) "Director" is the Chairman of Clarksburg Sanitary Board, or his/her designee.
(j) “Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency, or any duly authorized official of said agency.
(k) "Facility" for purposes of this Article is a building, structure, installation or site in which pollutants are or may be produced and/or generated as a result of any activity, process or processes conducted within the building, structure, installation, or site.
(1) "Flat rate charge" is the charge applicable to a single-family dwelling per dwelling unit.
(m) "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.
(n) "Hazardous Materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(o) "Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to an conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
(p) "Illicit discharge" or "illegal discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this article.
(q) "Impervious area" is land area covered by buildings, pavement, gravel or other material that significantly inhibits stormwater from penetrating the earth. Unvegetated clay or clay-like soil surfaces shall be considered impervious for the purposes of this article.
(r) "Industrial Activity" are activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14)
(s) "Industrial sites" are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
(t) "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.
(u) "National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act.
(v) "National Pollutant Discharge Elimination System Storm Water Discharge Permit" or "NPDES Permit" means a permit issued by DEP that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
(w) "New Development" is any construction activity upon undisturbed/undeveloped land.
(x) "Non-Storm Water Discharge" means any discharge to the storm drain system that is not composed entirely of storm water.
(y) "Permit" means a construction general permit, water pollution control permit, or any other applicable permit issued by DEP or EPA that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
(z) "Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
(aa) "Pervious area" is all land area that is not impervious.
(bb) "Pollutant" means anything which causes or contributes to pollution. Things that may be Pollutants include, but are not limited to dredged soil; solid waste; incinerator residue; sewage; sewage sludge; garbage; grease; oil, petroleum products, and other automotive fluids, munitions; chemical waste; biological materials; radioactive materials; hazardous substances and wastes; non-hazardous liquid and solid wastes and yard wastes; wrecked, or discarded equipment; rock, sand, silt, soil, and dirt; industrial, municipal, and agricultural waste; gasses entrained in water; paints, varnishes, and solvents; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; debris; flotables; pesticides, herbicides, and fertilizers; materials containing fecal coliform, fecal streptococcus, or enterococcus; heavy metals; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.
(cc) "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 is 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.
(dd) "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(ee) "Re-Development" is any reconstruction of or modification to the impervious area an existing property that requires or would require a Stormwater Erosion and Sediment Permit and/or a Stormwater Management and Comprehensive Drainage Permit under existing ordinance.
(ff) "Storm Drainage System" means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(gg) "Storm Water” means surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(hh) "Stormwater management" is the process of collection, conveyance, storage, treatment and disposal of stormwater 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.
(ii) "Stormwater Pollution Prevention Plan" is a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
(jj) "Stormwater service charge” is a flat rate charge, a charge based on land area, and/or a non-stormwater user charge.
(kk) "Stormwater permit" is a generic term which refers to either, or both, the Stormwater Erosion and Sediment Permit and/or the Stormwater Management and Comprehensive Drainage Permit, whichever is applicable given the context of the reference. These specific permits are described in detail in Sections 920.13 and 920.15 respectively.
(ll) "User" is a firm, person or property which is the legal owner or occupant of a property that directly or indirectly contributes stormwater or non-stormwater flows to the stormwater system, whether within or outside the corporate limits of the City.
(mm) "Wastewater" is any water or other liquid, other than uncontaminated storm water, discharges from a facility.
(nn) "Water Pollution Control Permit" is a permit issued by the Director of the Division of Water and Waste Management of the DEP for the discharge or disposition of any pollutant or combination of pollutants into waters of the State of West Virginia.
(Ord. 21-2. Passed 2-4-21.)