Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Town" is the Town of Fayetteville, West Virginia, and its duly elected and appointed officers and employees, including the Faytteville Water Quality Board and the Fayetteville Stormwater Utility.
(b) "Customer" is any person or entity of any kind that is the legal owner of real property containing impervious area within the Fayetteville Stormwater Utility's service area as defined by this Article.
(c) "Flat rate charge" is the charge applicable to any owner of real property containing impervious area located within the Fayetteville Stormwater Utility's Service area.
(d) "Fayetteville Urban Watershed" is all areas within the corporate boundaries of the Town of Fayetteville and those areas outside of the corporate boundaries from which stormwater or surface water naturally drains into the Town.
(e) "Impervious area" means any portion of real property covered by buildings, structures, pavement, gravel or other material that significantly inhibits stormwater from penetrating the soil.
(f) "Multi-unit property" is residential, non-residential or commercial property of any size that has located upon the property structures capable of housing one or more residents or tenants, at least one of which having no ownership interest in the property.
(g) "MS4" means Municipal Separate Storm Sewer System. The Town of Fayetteville is a regulated MS4 under the NPDES program.
(h) "NPDES" means National Pollutant Discharge Elimination System. A permitting program with authority from the Clean Water Act.
(i) "Non-residential customer" means any owner of property not defined as a residential customer and includes but is not limited to owners of multi-unit, commercial and industrial property and governmental entities that own property within the Fayetteville Stormwater Utility's Service area.
(j) "Non-stormwater" is all flows to the Stormwater System not defined as a pollutant or stormwater in this Article or as so determined by the City. This may include, but is not limited to cooling water, process water, ground water from a purge well and dechlorinated swimming pool discharge.
(k) "Pervious area" is all real property that is not impervious.
(l) "Pollutant" means any liquid or non-liquid material including, but not limited to, dredged soil, solid waste, sewage, garbage, sewage sludge, grease, petroleum products, munitions, chemical waste, detergents, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, dirt, industrial, municipal and agricultural waste, gases 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 waster, causes or contributes to water pollution and/or the degradation of water quality.
(m) "Pollution" is the degradation of the physical, thermal, chemical, biological or radioactive properties of the watercourses and water supplies located in or running through the Town and/or the discharge of any pollutant to the watercourses and water supplies located in or running through the Town 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.
(n) "Real property'' as used in this Article is land and fixtures and improvements upon that land, but does not include publicly owned streets and sidewalks.
(o) "Residential customer'' means the owner of real property on which is located one single family dwelling.
(p) "Service area" is, initially, all areas within the corporate boundaries of the Town.
(q) "Stormwater" includes atmospheric precipitation, surface runoff water, groundwater discharge and floodwater.
(r) "Stormwater System" includes all real property, fixtures and personal property of the Fayetteville Stormwater Utility, including but not limited to stormwater sewers, drains, ditches, streets, retention/detention structures used for collecting, conveying, storing, treating and/or disposal of stormwater and non-stormwater.
(s) "Water Quality service charge" is a charge for services rendered by the Fayetteville Stormwater Utility, including but not limited to rates and fees for monthly service, fees for permit applications, stormwater management plan review, flood protection activities, inspection and other services.
(t) "Water Quality service fee" is a flat rate charge or charge based on square feet of impervious land area.
(Ord. 2015-9. Passed 1-7-16.)