A. Unless the context specifically indicates otherwise, the meaning of words and terms used in this chapter shall be as defined below.
1. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ). The Arizona state agency established by A.R.S. § 49-102.
2. ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM (AZPDES). The program established by A.R.S. Title 49, Chapter 1, Article 3.1 to control the discharge of pollutants into waters in Arizona.
3. AZPDES GENERAL PERMIT. A general permit issued by ADEQ under authority delegated pursuant to the National Pollutant Discharge Elimination System (33 USC § 1342(b)).
4. BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the MS4. BMPs also include treatment requirements, operating procedures, design requirements, and practices to control runoff, spillage, leaks, waste disposal, or pollution of storm drainage flows.
5. CITY. Lake Havasu City, Arizona.
6. COMBINED SEWER. An enclosed sewer system that conveys both sanitary sewage and stormwater flows.
7. CONSTRUCTION GENERAL PERMIT. A permit issued by the permitting authority that allows discharges of stormwater from construction activities as defined in 40 CFR §122.26.
8. CONSTRUCTION SITE OPERATOR. The primary operator of a construction site within the corporate limits of the city.
9. CWA. Clean Water Act or the Federal Pollution Control Act, 22 USC §§ 1251, et seq.
10. DESIGNEE. A person designated for a specific purpose by the city.
11. DISCHARGE. Any spilling, leaking, pumping, pouring, emitting, emptying, injecting, placing, releasing, leaching, dumping, or disposing into or on any land in a manner that may cause pollution, when used without qualification.
12. EPA. The United States Environmental Protection Agency.
13. EROSION. The wearing away of land due to the actions of water, other liquid, and/or wind.
14. FACILITY. Any land, building, installation, structure, equipment, device, conveyance, area, source, activity, or practice from which there is, or with reasonable probability may be, a discharge.
15. ILLICIT CONNECTION. Any manmade conveyance connecting an illicit discharge directly to an MS4.
16. ILLICIT DISCHARGE. Any discharge to the MS4 that is not composed entirely of stormwater, except for discharges allowed under AZPDES Permit No. AZG2002-002.
17. MAXIMUM EXTENT PRACTICABLE (MEP). The technology based discharge standard for municipal separate storm sewer systems to reduce pollutants in stormwater discharges. A discussion of MEP as it applies to small MS4's is found at 40 CFR 122.34. CWA § 402(p)(3)(B)(iii) requires that a municipal permit shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including Best Management Practices, control techniques and system design, and engineering methods, and other provisions that the State of Arizona determines appropriate for the control of such pollutants.
18. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A publicly-owned conveyance or system of conveyances designed or used for collecting or conveying stormwater which is not a combined sewer and which is not part of a publicly owned treatment works.
19. MUNICIPAL STORMWATER PERMIT. The AZPDES General Permit Arizona Pollutant Discharge Elimination System (AZPDES) Stormwater Permit for discharge from small municipal separate storm sewer systems to waters of the United States. This permit is issued by the Arizona Department of Environmental Quality under authority delegated pursuant to 33 USC § 1342(b).
20. NON-STORMWATER DISCHARGES. A discharge not consisting entirely of stormwater.
21. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)).
22. NOTICE OF INTENT (NOI). That document submitted to the permitting authority in order to obtain coverage under a general permit.
23. PERMITTING AUTHORITY. The NPDES-authorized state agency or EPA regional office that administers the NPDES stormwater permit program.
24. PERSON. An individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of a state, a commission, the United States government or any federal facility, interstate body, or other entity.
25. POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to, the following: contaminants, toxic wastes, chemicals, petroleum products, biological materials, wrecked or discarded equipment, rocks, sand, 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, floatables, pesticides, herbicides, and fertilizers, hazardous substances and wastes, heat, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure, noxious or offensive matter of any kind, or any other liquid, solid, gaseous, or hazardous substance.
26. POLLUTION. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or waters of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
27. PUBLICLY-OWNED TREATMENT WORKS (POTW). Any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature that is owned by a state or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
28. PUBLIC STORM DRAIN SYSTEM. All or any part of the publicly-owned and maintained roads, streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, and dry wells located within public easements, right-of-way, parks, common areas, retention/ detention areas, or other publicly-owned or maintained real property designed or used for collecting, holding, treating, or conveying stormwater.
29. RECEIVING WATERS. A river, ocean, stream, or other watercourse into which wastewater, stormwater, or treated effluent is discharged.
30. STORMWATER. Any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation and which is being managed in accordance with BMP appropriate to the facility, pollutant, and quantity of water. Appropriate to the facility shall mean consideration shall be given to the size, location, zoning, and use.
31. STORMWATER MANAGEMENT PLAN or STORMWATER QUALITY MANAGEMENT PLAN. A document which describes the Best Management Practices and activities to be implemented by the city to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater drainage systems, and/or receiving waters to the maximum extent practicable.
32. STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes the Best Management Practices, including but not limited to processes, devices, and activities, to be implemented by a person or business to identify sources, potential or actual, of pollution or contamination at a site and the action to eliminate or reduce pollutant discharges to stormwater, MS4, and/or receiving waters to the MEP.
33. WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
34. WATERCOURSE. Any body of water, including but not limited to, lakes, ponds, rivers, streams, and washes whether perennial, intermittent or ephemeral.
35. WATERS OF THE UNITED STATES. Notwithstanding the determination of an area's status by the city, state or federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Subject to other determination by EPA, waters of the United States shall be deemed to be traditionally navigable waters and their tributaries which have at a minimum continuous seasonal flow or have a significant nexus regarding the chemical, physical, or biological integrity of the navigable water. Generally roadside ditches and small washes and gullies characterized by low, infrequent, or low duration flows will not be considered waters of the United States.
(Ord. 14-1105, passed 1-14-2014)