The terms used in this chapter shall have the following meanings:
BEST MANAGEMENT PRACTICES. Activities, prohibitions, practices, or maintenance procedures that prevent or reduce the discharge of pollutants or discharges directly or indirectly to the municipal storm drain facilities and waters of the State and/or United States. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.
CITY. The City of Eureka.
CLEAN WATER ACT. The federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC § 1251 et seq., and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
DIRECTOR. The City of Eureka Public Works Director.
DISCHARGE OF POLLUTANTS. The introduction of pollutants into the city's storm drainage facilities or any waters of the United States.
DISCHARGER. The person, corporation, partnership or other entity directly causing or allowing the discharge.
HAZARDOUS SUBSTANCES. Without limitation, any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment. HAZARDOUS SUBSTANCES include, but are not limited to, those substances included within the definitions of “hazardous substance,” “hazardous waste,” “hazardous material,” “toxic substance,” “solid waste,” or “pollutant or contaminant” in any local, state or federal law or regulation. (California Health and Safety Code § 25117).
ILLICIT CONNECTIONS. An ILLICIT CONNECTION is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain facilities, including but not limited to any conveyances which allow any non-storm water discharge, including sewage, process wastewater, and wash water to enter the storm drain facilities and any connections to the storm drain facilities from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain facilities which has not been documented in plans, maps or equivalent records and approved by the city.
ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge to the storm drainage facilities, except as exempted in § 54.040.
INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial permits as defined in 40 CFR, § 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMITS. Permit issued pursuant to § 402 of the Clean Water Act, 33 USC. 1342, and administered by the State of California under the authority of the U.S. Environmental Protection Agency, permitting the discharge of pollutants into navigable waters of the United States.
NON-STORM WATER DISCHARGE. Any discharge to the storm drain facilities that is not composed entirely of storm water.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. A pollutant shall also include any increment or increase in the total volume or rate of storm water runoff resulting from any activity or development occurring after the effective date of this chapter in which a storm water limit had been set as a condition of approval.
POLLUTION. The human-made or human-induced alteration of the quality of waters by pollutant(s) to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code § 13050).
PORTER-COLOGNE ACT. The Porter-Cologne Water Quality Control Act and as amended (California Water Code § 13000 et seq.).
PREMISES. Any building, lot, parcel of land, or portion of land whether, improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE FACILITIES. The storm and surface water drainage systems comprised of storm water control facilities and any other natural facilities which store, control, treat and/or convey storm and surface water. STORM DRAINAGE FACILITIES shall include all natural and constructed elements used to convey storm water from the first point of contact with the surface of the earth to a suitable receiving body of water or location, internal or external, to the boundaries of the city. They shall include: pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other storm water conveyance and treatment facilities whether public or private.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snow melt, surface runoff and drainage.
WATERS OF THE UNITED STATES. Surface watercourses and water bodies as defined at 40 CFR § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
(Ord. 705-C.S., passed 1-17-06)