920.01  DEFINITIONS.
   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 directly or indirectly to waters of the State. BMPs may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
   (b)    "City watershed" are those areas within the corporate limits of the City of Clarksburg, 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 of Clarksburg shall be made by the Director.
   (c)    "Director" is the Chairman of Clarksburg Sanitary Board, or his/her designee.
   (d)    "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.
   (e)    "Flat rate charge" is the charge applicable to a single-family dwelling per dwelling unit.
   (f)     "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.
   (g)    "Illicit connection" means any physical connection to a publicly maintained storm drain system which has not been authorized by the Clarksburg Sanitary Board from the date of enactment of this article.
   (h)    "Illicit discharge" means any discharge 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.
   (i)     "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.
   (j)    "Industrial sites" are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
   (k)    "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.
   (l)    "New Development" is any construction activity upon undisturbed/undeveloped land.
   (m)    "Non-stormwater" is all flows to the stormwater system not defined as stormwater in Section 920.01 of this article or as determined by the Director. 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 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.
   (q)    "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.
   (r)     "Stormwater" is atmospheric precipitation, surface runoff water, ground water discharge, water from operation of the water distribution system, water used in firefighting, runoff from street sweeping, flows from footing drains and all other discharge sources identified in the City of Clarksburg stormwater NPDES permit, except as may be defined as non-stormwater by this article
   (s)    "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.
   (t)     "Stormwater service charge" is a flat rate charge, a charge based on land area, and/or a non-stormwater user charge.
   (u)     "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 920.20 respectively.
   (v)    "Stormwater system" includes all facilities, structures and natural water courses used for collecting and conducting stormwater to, through and from drainage areas to points of final outlet including, but not limited to, any and all of the following: Inlets, conduits, outlets, channels, ponds, drainage easements, water quality facilities, catch basins, streams, creeks, rivers, ditches, gulches, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, pipes, flood control systems, levies and pumping stations. As applied in this Article, "storm water system" does not include highways, roads and drainage easements, and/or stormwater facilities constructed, owned and/or operated by the West Virginia Division of Highways.
   (w)    "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 of Clarksburg.  (Ord. 13-13.  Passed 6-6-13.)