For the purposes of this Chapter, the following definitions shall apply:
(a) AUTHORIZED ENFORCEMENT OFFICER or AUTHORIZED REPRESENTATIVE shall mean the County of San Bernardino Director of Public Works, or his/her designee(s), or a County Code Enforcement Officer.
(b) BEST MANAGEMENT PRACTICES or BMPs shall mean, as defined in Title 40 of the Code of Federal Regulations, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of Waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs may be structural or non-structural, and include site design, source control, treatment control, and natural design methods.
(c) CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD or RWQCB shall also mean the Board members, its Executive Officer, and their staff.
(d) CLEAN WATER ACT shall mean the federal statute (Title 33 of the United States Code, §§ 1251 et seq., as amended, including § 402(p) of the Clean Water Act) requiring municipal and industrial dischargers to obtain NPDES permits for their discharges of storm water.
(e) CODE OF FEDERAL REGULATIONS or CFR shall mean the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government of the United States.
(f) CONSTRUCTION or CONSTRUCTION ACTIVITY shall mean any activity as defined by the State Water Resources Control Board or the Regional Water Quality Control Board, whichever is more restrictive, that necessitates securing a NPDES general permit or NOI.
(g) CONSTRUCTION/INDUSTRIAL ACTIVITIES STORM WATER GENERAL PERMIT or NPDES GENERAL PERMIT shall mean the NPDES general permits adopted by the State Water Resources Control Board, which authorize the discharge of storm water associated with construction or industrial activities under certain conditions.
(h) COUNTY shall mean the County of San Bernardino, California.
(i) COUNTY CODE shall mean the official governmental record of all codified ordinances of the County of San Bernardino, California, as may be amended.
(j) COUNTY DIRECTOR or DIRECTOR OF PUBLIC WORKS shall mean the County of San Bernardino Director of Public Works or his/her designee(s).
(k) COUNTY PERMIT shall mean any permit issued by the County of San Bernardino.
(l) DEVELOPMENT shall mean NEW DEVELOPMENT or REDEVELOPMENT.
(m) DISCHARGE shall mean, when used without qualification, the “discharge of a pollutant”.
(n) GOVERNMENTAL shall mean pertaining to a municipal corporation, County, State, Federal, or governmental body, agency or entity.
(o) HAZARDOUS WASTE shall mean any material and/or waste defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated hazardous pursuant to Title 40 of the CFR, § 302. This term also includes any unlisted hazardous substance which is a solid waste, as defined in Title 40 of the CFR, § 261.2, which is not excluded from regulation as a hazardous waste under Title 40 of the CFR, § 261.4(b), or is a hazardous substance under § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), if it exhibits any of the characteristics identified in Title 40 of the CFR, §§ 261.20 through 261.24.
(p) IC/ID shall mean illicit connection/illicit discharge.
(q) ILLICIT CONNECTION shall mean any connection to the MS4 that is prohibited under local, State, or Federal statutes, ordinances, codes, regulations or permits.
(r) ILLICIT DISCHARGE shall mean any discharge to a municipal separate storm sewer system that is prohibited under local, State, or Federal statutes, ordinances, codes, regulations or permits. The term illicit discharge includes all non-storm water discharges except discharges pursuant to a NPDES permit, discharges that are identified in Section V, Effluent Limitations and Discharge Specifications of the Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES Permit No. CAS618036), and discharges authorized by the RWQCB.
(s) IMPERVIOUS SURFACE AREA shall mean a constructed or modified surface that cannot effectively be infiltrated by rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways.
(t) LITTER shall mean all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and Waters of the United States, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing, in accordance with Government Code § 68055.1(g).
(u) MAXIMUM EXTENT PRACTICABLE or MEP shall mean the acceptability standard for BMPs established by Congress in the Clean Water Act, § 402(p)(3)(B)(iii), that operators of MS4 systems and dischargers of storm water must meet. MEP refers to management practices, control techniques, and system design and engineering methods for the control of pollutants, taking into account considerations of synergistic, additive, and competing factors, including, but not limited to, pollutant removal effectiveness, regulatory compliance, gravity of the problem, public acceptance, social benefits, cost and technological feasibility.
(v) MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 shall mean an acronym for municipal separate storm sewer system. A municipal separate storm sewer system is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains): (i) owned or operated by the State, or a city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes; (ii) designated or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of the publicly owned treatment works as defined in Title 40 of the CFR, § 122.2.
(w) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES shall mean a national program under § 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to Waters of the United States.
(x) NEW DEVELOPMENT shall mean land disturbing activities, structural development, including construction or installation of a building or structure, creation of impervious surface area, and land subdivision for which either a discretionary land use approval, grading, or building permit is required.
(y) NON-STORM WATER shall mean all discharges to and from a storm water conveyance system that do not originate from precipitation events (that is all discharges from a conveyance system other than storm water). Non-storm water includes illicit discharges, non-prohibited discharges, and NPDES permitted discharges.
(z) NOTICE OF INTENT or NOI shall mean a notice of intent for coverage under the construction/industrial activities storm water general permit.
(aa) NPDES PERMIT shall mean any permit issued pursuant to the NPDES program under the Federal Clean Water Act.
(bb) MS4 PERMIT shall mean the waste discharge requirement for storm water discharges from a municipal separate storm sewer system issued by the State Water Resources Control Board or Regional Water Quality Control Board.
(cc) OWNER(S) shall mean a person or persons shown by the most current legal document that has been recorded by the County of San Bernardino Assessor-Recorder-County Clerk that transfers, grants or imports total or partial ownership of a parcel.
(dd) PERSON shall mean any individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.
(ee) POLLUTANT(S) shall mean any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. This term includes any type of industrial, municipal, and agricultural waste discharged into water. The term “pollutant” also means the definition of pollutant in § 502(6) of the Clean Water Act, as amended. Section 502(6) currently defines “pollutant” as: “The term ‘Pollutant’ means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.” This term has also been interpreted to include water characteristics such as toxicity or acidity.
(ff) RECEIVING WATER(S) shall mean Waters of the United States and tributaries of Waters of the United States.
(gg) REDEVELOPMENT shall mean the creation, addition, and or replacement of impervious surface area on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surface area. Replacement of impervious surface area includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work;
resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair.
(hh) SITE DESIGN BMP or SITE DESIGN BMPs shall mean any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site’s hydrology. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surface area) or to reduce the need for new roads and other impervious surface area (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design are also considered site design BMPs.
(ii) SOURCE CONTROL BMP or SOURCE CONTROL BMPs shall mean activities or programs to educate the public or provide low cost non-physical solutions, as well as facility design or practices aimed to limit the contact between pollutant sources and storm water or authorized non-storm water. Examples include: activity schedules, prohibitions of practices, street sweeping, facility maintenance, detection and elimination of IC/IDs, and other non-structural measures. Facility design (structural) examples include: providing attached lids to trash containers, canopies for fueling islands, secondary containment, or roof or awning over material and trash storage areas to prevent direct contact between water and pollutants.
(jj) STATE WATER RESOURCES CONTROL BOARD, STATE WATER BOARD, or SWRCB shall also mean the Board members, its Executive Director, and their staff.
(kk) STORM DRAIN SYSTEM or STORM WATER CONVEYANCE SYSTEM shall mean all of the property interests owned or leased by the County and used directly or indirectly in the collection, conveyance, transport, storage or disposal of storm water and including but not limited to street gutters, conduits, natural or artificial drains, storm drains, channels, lined diversion structures, basins and watercourses, together with appurtenances, pumping stations, and equipment.
(ll) STORM WATER shall mean storm water runoff, snowmelt runoff and surface runoff and drainage pursuant to Title 40 of the CFR, § 122.26(b)(13).
(mm) STORM WATER POLLUTION PREVENTION PLAN or SWPPP shall mean a plan to minimize and manage pollutants to minimize pollution from entering the MS4, identifying all potential sources of pollution and describing planned practices to reduce pollutants from discharging off the site.
(nn) STRUCTURAL BMP or STRUCTURAL BMPs shall mean any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution, including site design, source control and treatment control BMPs.
(oo) SWIMMING POOL is any body of water created by artificial means designed or used for swimming, immersion, or therapeutic purposes.
(pp) TREATMENT CONTROL BMP or TREATMENT CONTROL BMPs shall mean any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process.
(qq) URBAN RUNOFF shall mean all flows in a storm water conveyance system and consists of the following components: (1) storm water (wet weather flows) and (2) authorized non-storm water discharges (dry weather flows).
(rr) USER(S) shall mean any person or entity who discharges into the Storm Drain System.
(ss) WATER QUALITY MANAGEMENT PLAN or WQMP shall mean a plan developed to mitigate the impacts of urban runoff from development projects.
(tt) WATERS OF THE UNITED STATES shall mean the waters defined in Title 40 of the CFR, § 122.2.
(Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012)