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) "Board" means the Mayor and fellow members, respectively, of the Town of Eleanor, West Virginia, as constituting the Sanitary Board of the town.
(c) "Town Watershed" is those areas within the corporate limits of the Town of Eleanor, and designated areas outside of those limits, over which surface water drains into the town. Designation of areas outside of the corporate limits of the Town of Eleanor shall be made by the Town Council.
(d) "Facility" for purposes of this ordinance is a building, structure, installation or construction site in which pollutants are produced and/or generated as a result of a process or processes, conducted within the building, structure or installation.
(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 Discharge" means any physical connection to a publicly maintained storm drain system which has not been permitted allowed by the Utility Board from the date of enactment of this ordinance.
(h) "Illicit Discharge" means any discharge to a storm drain or into the stormwater collections system that is not composed entirely of stormwater, except discharges 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 soil.
(j) "Industrial Sites" are those that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
(k) "Multi-Family 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) "Non-stormwater" is all flows to the stormwater system not defined as stormwater in Section I of this Article or as determined by Town Council. This includes, but not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(m) "Pervious Area" is all land area that is not impervious.
(n) "Pollutant" means objects including, but not limited to, dredged soil 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, gases entrained in water, paints, oils 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, causes or contribute to water pollution.
(o) "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.
(p) "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 Town of Eleanor stormwater NPDES permit, except as may be defined as non-stormwater by this Article.
(q) "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.
(r) "Stormwater Service Charge" is a flat rate charge, a charge based on land area, and/or a non-stormwater user charge.
(s) "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.
(t) "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 Town of Eleanor.
(Ord. 09-03. Passed 10-1-09.)