The following terms or words and phrases shall have the definitions set forth below:
(1) "Authorized enforcement agency" means the City Engineer or Safety Service Director of the City of Fremont, in accordance with their respective responsibilities designated under the law to enforce this chapter.
(2) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4, as well as treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(3) "City Engineer" includes the City of Fremont City Engineer and authorized employees or designees of the City Engineer.
(4) "Safety Service Director" includes the City of Fremont Safety Service Director and authorized employees or designees of the Safety Service Director.
(5) "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), and any subsequent amendments thereto.
(6) "Construction activity" means activities subject to NPDES Construction Permits, which include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
(7) "Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(8) "Illicit discharge" as defined at 40 C.F.R. 122.26(b)(2), means any discharge to the municipal storm sewer system that is not composed entirely of storm water, except those discharges to a MS4 pursuant to a NPDES permit or noted in Section 1156.05 of this chapter.
(9) "Illegal connection" means any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the MS4.
(10) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. §1342 (b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
(11) "Non-storm water discharge" means any discharge to the storm drainage system that is not composed entirely of storm water.
(12) "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
(13) “Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous 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; and noxious or offensive matter of any kind.
(14) "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(15) "Storm drainage system" means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, catch basins, gutters, curbs, ditches, inlets; piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, public easements and other drainage facilities.
(16) "Storm water" means any surface flow, runoff, and/or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(17) "Storm water pollution prevention plan" means a document which describes the Best Management Practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
(18) "Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility. ACRE: A measurement of area equaling 43,560 square feet. (Ord. 2021-4064. Passed 5-6-21.)