8.52.030: DEFINITIONS:
   APPLICANT: A person, party, firm, corporation, owner, or other legal entity that proposes a development, construction or use on a site.
   BEST MANAGEMENT PRACTICES OR BMPs: The schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to receiving waters.
   BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, uses or property of any kind.
   CWA: The federal clean water act, Pub. L. 92-500, as amended in Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 USC 1251 et seq.
   CHANNEL: An open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water.
   CONSTRUCTION: Clearing, grading and/or excavation or the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site.
   DESIGN STORM: A prescribed hyetograph or precipitation distribution, and the total precipitation amount for a specific duration recurrence frequency to be used in design calculations.
   DETENTION: The release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
   DEVELOPMENT: New development, redevelopment, or both. See definitions of New Development and Redevelopment.
   DISCHARGE: Any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of pollutants to UIC wells, waters of the state or city stormwater facilities.
   DRAINAGEWAY: An open linear depression, whether constructed or natural, which functions for the collection and drainage of surface water. It may be permanently or temporarily inundated and may or may not contain aquatic vegetation or aquatic life.
   EASEMENT: A grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.
   GRADING: Any excavation, filling, or combination thereof.
   IMPERVIOUS SURFACE: A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, patios and other similar structures.
   INFILTRATION: The downward movement of water from the land surface to the subsoil.
   LAND DISTURBING ACTIVITY: Any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity.
   MAINTENANCE: Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.
   MAINTENANCE AGREEMENT: A legally recorded document that acts as a property deed restriction, and which provides for long term maintenance of stormwater management practices.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES: The national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal clean water act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in the state of Idaho, are administered by the U.S. environmental protection agency.
   NEW DEVELOPMENT: Land disturbing activities, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans.
   OWNER(S) OR PROPERTY OWNER(S): The legal owner or owners of the property. As used herein, owner also refers to, in the appropriate context: a) any other person authorized to act as the agent for the owner; b) any person who submits a stormwater management concept or design plan for approval or requests issuance of a permit, when required, authorizing land development to commence; and c) any person responsible for complying with an approved stormwater site plan.
   PERMANENT STORMWATER BMP: A stormwater best management practice (BMP) that will be operational after the construction phase of a project and that is designed to become a permanent part of the site for the purposes of managing stormwater runoff.
   PERSON: Any individual, party, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. The singular shall include the plural.
   POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the CWA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA.
   PROJECT SITE: That portion of a property, properties, or right of way subject to land disturbing activities, and new or replaced impervious surfaces.
   PUBLIC: Any real property, or interest therein, belonging to the city of Pocatello or a trust or authority of which the city of Pocatello is a beneficiary. Public development shall also include private development whenever all or a portion thereof will eventually be dedicated or provided for ownership, operation and/or maintenance to the city of Pocatello or a public trust or authority of which the city of Pocatello is a beneficiary.
   PUBLIC WORKS DIRECTOR: The duly appointed director of the Pocatello department of public works or his or her designee.
   RECEIVING WATER: The body of water or conveyance into which stormwater runoff is discharged.
   REDEVELOPMENT: Means, on a site that is already substantially developed, the replacement or improvement of impervious surfaces, including buildings and other structures, and replacement or improvement of impervious parking and road surfaces that is not part of a routine maintenance activity. Any new impervious surfaces created by a redevelopment project are subject to the requirements for new development.
   RESPONSIBLE PARTY: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns that are named on a stormwater maintenance agreement as responsible for long term operation and maintenance of one or more stormwater BMPs.
   RETENTION: The process of collecting and holding surface and storm water runoff with no surface outflow.
   SOURCE CONTROL BMPs: Physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater.
   STORMWATER: Runoff during and following precipitation and snowmelt events, including surface runoff, drainage and interflow.
   STORMWATER CONTROL FACILITIES: Any facility, improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the city.
   STREAM: An area where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the passage of water including, but not limited to, hydraulically sorted sediments, or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year round. This definition is not meant to include irrigation ditches, canals, stormwater runoff devices or other entirely artificial drainageways, unless they are used to convey streams naturally occurring prior to construction.
   STRUCTURE: Anything constructed or erected, even partially, including buildings, which requires location on the ground or attached to something having a location on the ground.
   UNDERGROUND INJECTION CONTROL OR UIC OR UIC WELL: A manmade subsurface fluid distribution system designed to discharge fluids into the ground and consists of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a dug hole that is deeper than the largest surface dimension. A public UIC is one owned, operated, and maintained by the city of Pocatello and includes the collection system of catch basins, pipes, ditches, or other public infrastructure that collects and conveys stormwater to the UIC.
   UPLAND FLOW: Runoff from lands upslope of a project site.
   WATERS OF THE STATE: Includes those waters defined as "waters of the United States" in 40 CFR 122.2 within the geographic boundaries of the state of Idaho and "waters of the state" as defined by section 39-103, Idaho Code, which is all accumulations of water, surface and underground, natural and artificial, public and private or parts thereof, which are wholly or partially within, flow through, or border upon this state except for private waters as defined in section 42-212, Idaho Code.
   WETLAND(S): That area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites unless those artificial wetlands are to mitigate conversion of wetlands, if permitted by the city. (Ord. 2944, 2015)