Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Best Management Practices (BMPs)" 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 the state. BMPs may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
(b) "City watershed" are those areas within the corporate limits of the City of Martinsburg, and designated areas outside of those limits, over which surface water naturally drains into and impacts the City stormwater system. Designation of areas outside of the corporate limits of the City of Martinsburg shall be made by the Director.
(c) "Director" is the Public Works Director of the City of Martinsburg and/or his/her designated representative.
(d) "Facility" for purposes of this Article is a building, structure, installation or construction site in which pollutants are produced and/or generated as a result of a process or processes, conducted within the building, structure or installation.
(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) "Illicit connection" means any physical connection to a publicly maintained storm drain system which has not been permitted or allowed by the City of Martinsburg from the date of enactment of this Article.
(g) "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.
(h) "Impervious area" is land area covered by buildings, pavement, gravel or other material that significantly inhibits stormwater from penetrating the soil.
(i) "Industrial sites" are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
(j) "Land Disturbance Activity" is any land change that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, lands, or rights-of-way within the City of Martinsburg urban watershed, including but not limited to building demolition, clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbance activity does not include the following:
(1) Minor land disturbance activities, including but not limited to, underground utility repairs, home gardens, minor repairs, and maintenance work which do not disturb more than five hundred (500) square feet of land.
(2) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
(3) Emergency work to protect life, limb, or property and emergency repairs. If the land disturbing activity would have required an approval Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this regulation.
(k) "Multi-unit property" is a residential, non-residential or commercial property of any size that has located upon the property two or more tenants, at least one of which having no ownership interest in the property.
(l) "Non-stormwater" is all flows to the stormwater system not defined as stormwater in this Article or as determined by the Director. This includes, but is not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(m) "Pervious area" is all land area that is not impervious.
(n) "Pollutant" means objects including, but not limited to, dredged soil, solid waste, incinerator residue, 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, 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.
(o) "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 waters of the state 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.
(p) "Public facility" is a stormwater facility that serves two or more properties, including, but not limited to, main pipelines that collect and transmit stormwater from and/or across two or more properties, and all taps or other connections onto a public facility. Stormwater facilities that are privately owned upon enactment of this Article may become publicly owned facilities, and thus the responsibility of the stormwater utility, only upon conveyance by the private owner and acceptance by the Director. Acceptance of tendered facilities shall be at the sole discretion of the Director.
(q) "Private facility" is a stormwater facility not otherwise classified as a public facility as defined in subsection (p) hereof.
(r) "Service area" is all areas within the political boundaries of the City of Martinsburg and those areas outside of said boundaries as designated by the Director.
(s) "Stormwater" is atmospheric precipitation, surface runoff water, ground water discharge water used in fire fighting, runoff from street sweeping, flows from footing drains and all other discharge sources identified in the City of Martinsburg stormwater NPDES permit, except as may be defined as non-stormwater by this Article.
(t) "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.
(u) "Stormwater system" is public stormwater sewers, drains, ditches, streets, retention/detention structures, dams, river impoundments and flood control facilities used for collecting and transporting stormwater and non-stormwater.
(v) "User" is a firm, person or property which is the legal owner or occupant of a property that directly or indirectly contributes stormwater or non-stormwater flows to the stormwater system, whether within or outside the corporate limits of the City of Martinsburg. (Ord. 2010-17. Passed 1-13-11.)