As used in this article and or any other article dealing with the City of Fairmont’s Stormwater Utility, its stormwater collection and control system, including all lines, pumping stations and all other facilities and appurtenances necessary or useful and convenient for the collection and control of stormwater, and the associated stormwater management program, the following terms shall have the following meanings unless the text clearly indicates otherwise:
(a) “Best Management Practices (BMP’s)” 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 this State. BMPs may include schedules of activities, prohibitions or practices, design standards, educational activities and treatment requirements.
(b) “Board” means the City of Fairmont Sanitary Board.
(c) “Director” means the utility manager for the City of Fairmont.
(d) “Facility” is a building, structure, installation or construction site in which pollutants are produced and/or generated as a result of any process or processes conducted on or within the building, structure, installation or constructions site.
(e) “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.
(f) “Governing Body” means the Council for the City of Fairmont.
(g) “Greater Fairmont watershed” means those areas within the corporate limits of the City of Fairmont and designated areas outside said corporate limits, over which surface water naturally drains into said corporate limits. Areas outside the corporate limits which naturally drain into said corporate limits shall be designated by the Director. A map designating the Greater Fairmont watershed shall be maintained in the Office of the City Engineer.
(h) “Illicit connection” means any physical connection to a publicly maintained effective drain system which has not been authorized by the Sanitary Board for the City of Fairmont from the date of enactment of this article.
(i) “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.
(j) “Impervious area” is land area covered by buildings, pavement, gravel or other material that significantly inhibits stormwater from penetrating the soil.
(k) “Industrial sites” are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
(l) “Multi-unit property” is a residential, non-residential or commercial property, regardless of size, that has located upon the property two or more tenants, at least one of which has no ownership interest in the property.
(m) “Municipality” means the City of Fairmont.
(n) “New development” is any construction activity upon undisturbed/undeveloped land.
(o) “Non-stormwater” is all flows to the stormwater system not defined as stormwater in this article or any other article relating to stormwater or as determined by the Director. This includes, by is not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(p) “Person” is a natural person, firm, labor organization, partnership, limited liability company, limited partnership, corporation, association, legal representative, trustee, trustee in bankruptcy, receiver, and/or any other legal entity.
(q) “Pervious area” is all land area that is not impervious.
(r) “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.
(s) “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 water of the state which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to the public health, safety or welfare or to the beneficial use of the water and/or the water environment.
(t) “Re-development” is any reconstruction of or modification to any existing property that requires or would require a building permit under existing ordinance.
(u) “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 Fairmont stormwater NPDES Permit, except as may be defined as non-stormwater by this article.
(v) “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.
(w) “Stormwater management program” means those activities associated with the management, operation, maintenance and control of stormwater and stormwater works, including, but not limited to, public education, stormwater and surface runoff water quality improvement, mapping, planning, flood control, inspection, enforcement and any other activities required by state and federal law: Provided, that, “stormwater management program” shall not include those activities associated with the management, operation, maintenance, and control of highways, road and drainage easements and/or stormwater facilities constructed, owned and/or operated by the West Virginia Division of Highways without the express agreement of the Commissioner of Highways.
(x) “Stormwater system” or “stormwater works” means a stormwater system or its entirety or any integral part thereof used to collect and dispose of stormwater and an associated stormwater management program. It includes all facilities, structures, and natural water courses used for collecting and conducting stormwater to, through, and from drainage easements, water quality facilities, catch basins, drop inlets, ditches, streams, gulches, flumes, culverts, syphons, retention or detention basins, dams, flood walls, levies, pipes, flood control systems and pumping stations, and associated stormwater management program. The term “stormwater system” and “stormwater works” shall not include highways, road and drainage easements, and/or stormwater facilities constructed, owned and/or operated by the West Virginia Division of Highways.
(Ord. 1355. Passed 6-27-06.)
(Ord. 1355. Passed 6-27-06.)