A. Unless specifically defined below, words or phrases used in this chapter and chapters 13.42 and 13.44 of this title shall be interpreted to give them the meaning they have in common usage and to give these chapters their most reasonable application:
BACKWATER CURVE: A rise in water surface elevation as a stream moves from a less constricted area to either a ponding area or more constricted area.
BEST MANAGEMENT PRACTICE OR BMP: The best available practices or devices that, when used singly or in combination, eliminate or reduce the contamination of surface waters, groundwaters, or both. BMPs shall be divided into the following categories:
1. "Nonstructural best management practices", which shall mean those which require modified or additional operational or behavioral practices, such as sweeping a parking lot or having spill response equipment on site; and
2. "Structural best management practices", which shall mean those which require the construction of a structure or other physical modification on the site.
BRIDGE: A structure consisting of abutments, load bearing beams and/or deck, whose main function is to carry vehicular or pedestrian traffic across a depression.
CHANNEL: A natural or artificial watercourse with a defined bed and banks to confine and convey flowing water.
CHANNEL CAPACITY: The maximum flow that can pass through a channel without overflowing the banks.
CHANNEL IMPROVEMENTS: Widening, straightening, clearing, grade alterations, paving or concrete lining, or any construction, which will increase the carrying capacity of a channel.
CITY: The city of Okmulgee, Oklahoma, a municipal corporation, and its duly authorized officers, agents and employees.
CITY (OFFICIAL): Where a specific official for the city of Okmulgee is mentioned by title such as "city manager", that title shall be interpreted to mean that particular official or any duly appointed designee.
CLEARING: The process of manually or mechanically removing the vegetative and/or nonvegetative cover.
COMPENSATORY FLOOD STORAGE: The volume of storage provided to replace any measurable loss of flood storage capacity within floodplain areas, or to eliminate the increases in velocity or flood height, which would otherwise occur as a result of construction.
COMPOSITE SAMPLE: A sample of stormwater runoff, resulting from the combination of individual samples taken at selected intervals, based on an increment of either flow or time.
CONSTRUCTION: Any activity that disturbs or alters the land characteristics, including, but not limited to, erection of buildings, paving of streets, or grading of sites.
DETENTION: Reducing the rate of runoff for a short period of time to reduce peak flows by controlling the discharge.
DIRECTOR: As used in chapters 13.40, 13.42, and 13.44 of this title, the city manager, a duly appointed designee, or the duly authorized representative of the city manager.
DISCHARGE: Any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States.
EPA OR ENVIRONMENTAL PROTECTION AGENCY: The United States environmental protection agency or, where appropriate, the regional water management division director or other duly authorized official of the EPA.
EARTH CHANGE: The:
1. Excavating, grading, regrading, or landfilling of any land over one acre in size, or
2. The berming, or diking of any land within the city, or
3. The cut or fill of any land one-fourth (1/4) acre or larger in size to a vertical change of over six inches (6").
Earth change will also include the clearing or removal of more than six (6) healthy trees (each having more than a 2 inch diameter at the ground level) on a parcel, or activities commonly called clearing and grubbing within the boundaries of the regulatory floodplain.
ELEVATED BUILDING: A nonbasement building built, in the case of a building in zones A1-99, A, AE, AO, AH, B, C, X and D, to have the top of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during flood of up to the magnitude of the base flood. In the case of zones A1-99, AE, A, AO, AH, B, C, X and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
EROSION: The wearing away of land surface as a result of the movement of wind, water, and/or ice.
EROSION AND SEDIMENT CONTROL: Measures which are used to reduce the amount of soil that is carried off of a land area and deposited in a receiving water, or stormwater conveyance facility or structure.
EXCAVATION: The process of removing earth, stone, or other materials.
50-YEAR FLOODPLAIN AREA: That maximum area of the floodplain that on the average has a two percent (2%) chance of being flooded each year.
FLOATABLE: Any buoyant or semibuoyant, organic or inorganic, waterborne waste material such as litter, paper, styrofoam, grass, leaf litter, cigarette butts and other debris.
FLOOD FREQUENCY: A statistical expression of the average time period between floods equaling or exceeding a given magnitude. This term is often used interchangeably with recurrence interval.
FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, approved by the federal insurance administration, where the areas within the boundaries of special flood hazards have been designated as zone A.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
GARBAGE: Trash, with reference to collections of pollutants at floatable collection sites.
GRAB SAMPLE: A sample of stormwater runoff which is taken on a onetime basis, without regard to the flow and consideration of time.
GRADING: The cutting and/or filling of the land surface to a desired slope or elevation.
GRUBBING: The process of removing roots, stumps, brush or any excess material.
HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used for storage purposes only is not a "habitable floor".
ILLICIT DISCHARGE: Is defined at 40 CFR section 122.26(b)(2) and generally refers to any discharge to the municipal separate storm sewer system (MS4) that is not composed entirely of stormwater, except discharges pursuant to subsection 13.44.020A of this title, or discharges resulting from firefighting activities.
IMPERVIOUS SURFACE: Any hard surfaced area which prevents or retards the entry of water into the soil in the manner and to the extent that such water entered the soil under natural conditions, causing water to run off the surface in greater quantities or at an increased rate of flow than was present under natural conditions. Examples include, but are not limited to, rooftops, asphalt or concrete sidewalks, pavement, driveways and parking lots, walkways, patio areas, storage areas, gravel areas, and oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns of real property in its natural (undeveloped) state.
INDUSTRIAL ACTIVITY: Any activity which is directly related to manufacturing, processing or raw materials storage areas at an industrial facility. This term includes, but is not limited to, industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the industrial facility; sites where material handling activities are performed; refuse sites; sites used for the applications or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage or disposal; shipping and receiving areas; manufacturing buildings; storage areas, including tank farms, for raw materials, and intermediate and finished products.
INDUSTRIAL FACILITY OR INDUSTRY: Any premises whose function is classified in the latest edition of the "Standard Industrial Classification Manual", also known as the SIC code manual, prepared by the executive office of the president, office of management and budget.
MS4: The municipal separate storm sewer system which is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains that are owned or operated by the city and are designed or used for collecting or conveying stormwater.
MATERIAL HANDLING ACTIVITIES: The storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct or waste product.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the city's flood insurance rate map are referenced.
MECHANICAL AND UTILITY EQUIPMENT: Any electrical, heating, ventilation, plumbing, and air conditioning equipment or other service facilities associated with a structure.
MONITORING: Visual observation, the performance of stormwater flow measurements, stormwater sampling, sample analysis, and like procedures necessary to determine compliance with stormwater discharge activity, whether performed singly or in combination to comply with federal requirements.
NPDES: National pollutant discharge elimination system, EPA's program to control the discharge of pollutants to waters of the United States.
NPDES PERMIT: An authorization, license, or equivalent control document issued by the EPA or an approved state agency to implement the requirements of the NPDES stormwater program.
NATURAL CONDITIONS: The cover and topography of the land before any humanmade changes; in areas where there have already been humanmade changes before the effective date of this chapter, natural conditions shall mean the state of cover and topography of the land existing upon the effective date of this chapter. Requiring land to be maintained as "natural condition" does not forbid the removal of debris or the cutting and removal of dead or diseased trees or similar vegetation.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city.
NONVEGETATIVE COVER: Any other pervious or impervious ground cover other than plants which reduces erosion, including, but not limited to, mulches or stone aggregates.
OPDES STORMWATER DISCHARGE PERMIT: The most current "multisector general permit for stormwater discharge associated with industrial activities for the state of Oklahoma", or the most current "general permit for stormwater discharge associated with construction activities within the state of Oklahoma", with provisions under the Oklahoma administrative code (OAC) section 252:606, incorporating by reference 40 CFR part 122.26, as issued by the Oklahoma department of environmental quality (ODEQ).
100-YEAR FLOODPLAIN: A common term which the public inaccurately assumes will mean that maximum area of the floodplain that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a 1 percent chance of being flooded each year). See definition of Regulatory Flood.
OUTFALL: A "point source" as defined in this section. Provided that for purposes of routine monitoring of publicly owned outfalls, only designed outfalls of storm sewers having a capacity of a thirty six inch (36") interior diameter pipe or its equivalent shall be included. Any named streams with all weather flow shall be included at the point they enter and at the point they leave the city limits.
PERSON: An individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their lawful representatives, agents or assignees. This definition shall include all federal, state, and local governments.
POINT SOURCE: Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill, leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged.
POLLUTANT: Any dredge spoil, solid waste, incinerator residue, oil, grease, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, industrial waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agriculture waste, industrial waste, municipal waste and the characteristics of wastewater including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, and odor.
PREMISES: Any plot or tract of ground, regardless of size or plat, owned by a person or used by a person and any contiguous plots.
PRIMARY DRAINAGE CHANNELS: All drainage channels, streams or creeks which drain an area of five hundred (500) acres or more, excluding those areas defined as major river channels.
RECREATIONAL VEHICLE: A vehicle which is:
1. Built on a single chassis;
2. No more than four hundred (400) square feet when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD: A flood that is reasonably characteristic of what can be expected to occur on a particular stream as a result of urbanization and a storm event. The regulatory flood storm event has a one percent (1%) chance of occurring in any one year, as determined from analysis of expected rainfalls in the general region. Runoff and water surface elevations for the regulatory flood shall be based on ultimate urbanization upstream.
REGULATORY FLOOD AREA (RFA): The area which is subject to inundation by the regulatory flood; that is, in lands having a one percent (1%) chance or greater of being flooded in any given year based upon projected, ultimate urbanized conditions. This includes areas of shallow flooding which occur where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. This also includes humanmade sumps and streets as well as areas, which, although not presently in the flood area, may be flooded in the future by increased runoff due to actual urbanization.
REGULATORY FLOOD ELEVATION (RFE): The elevation for which there is a one percent (1%) chance in any given year that flood levels will equal or exceed it. The RFE is determined by statistical analysis for each local area.
REGULATORY FLOOD FRINGE AREA: That portion of the regulatory flood area between the outer boundary of the base flood area and the outer boundary of the regulatory flood area. The regulatory flood fringe area extends to an upstream cutoff point of approximately forty (40) acres of contributing watershed area.
SECONDARY DRAINAGE CHANNELS: All drainage channels, streams, and creeks which drain an area of less than five hundred (500) acres.
SEDIMENT: Soil, sand, and minerals transported by wind off site or washed from land into water, usually after rain.
SIGNIFICANT MATERIALS: Any raw materials, fuels, materials such as solvents, detergents, and plastic pellets, finished materials such as metallic products, raw materials used in food processing or production, hazardous substances.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for growth of plants.
SOIL DISTURBANCE/SOIL DISTURBING ACTIVITIES: Any moving or removing by manual or mechanical means of the vegetative and/or nonvegetative cover or soil mantle, including, but not limited to, excavations and mining.
SPILLS: Any release that has negatively impacted, or has the potential to negatively impact, the quality of water within, or discharges from, the city's municipal separate storm sewer system (MS4) or causes damaging or deleterious effects to the city's MS4, including all structures or appurtenances, or creates any violation of this chapter.
STOCKPILING: Storing of mound of topsoil or other fill or excavated material in a designated area.
STORMWATER: Any rainwater runoff, surface runoff, and drainage related to storm events, including snow or ice melt.
STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY: Stormwater from areas of industrial activity or areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For industries outside of the city limits, measurements shall be taken at the point stormwater from an identifiable source enters the city limits.
STORMWATER DRAINAGE SYSTEM: Any facility, structure, improvement, development, equipment, property or interest therein, including structural and nonstructural elements, which are made, constructed, used or acquired for the purpose of collecting, containing, storing, conveying and controlling stormwater wherever located, including, but not limited to, storm sewers, conduits, natural and humanmade channels, roadways, pipes, culverts, detention facilities, levees and floodplains whether publicly or privately owned.
STORMWATER DRAINAGE SYSTEM SERVICE CHARGE: The fee levied within the city of Okmulgee for the use of any portion of the city's stormwater drainage system.
STREAM: A body of water flowing in a surface channel. Flow may be continuous or only during wet periods. Streams that flow only during wet periods are termed "intermittent streams".
25-YEAR FLOODPLAIN AREA: That maximum area of the floodplain that on the average is likely to be flooded once every twenty five (25) years (i.e., that has a 4 percent chance of being flooded each year).
ULTIMATE URBANIZATION: Shall be determined by projecting future land uses throughout the entire drainage basin as defined by the city of Okmulgee comprehensive plan.
USER: Any source of direct or indirect discharge into the city's municipal separate storm sewer system (MS4).
B. As used in these three (3) chapters the following abbreviations shall have the meanings given below:
BMP | Best management practices |
BOD | Biochemical oxygen demand |
CFR | Code of federal regulations |
COD | Chemical oxygen demand |
EPA | United States environmental protection agency |
gpd | Gallons per day |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
MS4 | Municipal separate storm sewer system |
NOI | Notice of intent |
NOV | Notice of violation |
NPDES | National pollutant discharge elimination system |
OAC | Oklahoma administrative code |
ODEQ | Oklahoma department of environmental quality |
OPDES | Oklahoma pollutant discharge elimination system (see Oklahoma administrative code title 252, chapter 606, section 252:606-1-1 et seq., as amended) |
RCRA | Resource conservation and recovery act of 1976 (Pub.L. 94-580, October 21, 1976, 90 stat. 2795, as amended) |
SARA | Superfund amendments and reauthorization act of 1986 (Pub.L. 99-499, October 17, 1986, 100 stat. 1613, as amended) |
SWDA | Solid waste disposal act (Pub.L. 89-272, title II, October 20, 1965, 79 stat. 997, 42 USC section 6901 et seq., as amended) |
TSD | Treatment, storage, and disposal facilities |
TSS | Total suspended solids |
USC | United States Code |
(Ord. 2017, 2014: Ord. 1969, 2011)