Unless the context specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Adverse impact" means any deleterious effects on stormwater system or water way, their quality, surface area, species composition, aesthetic or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety, or property.
(b) "Best management practices" and "BMP" means physical, structural and 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. BMP may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
(c) "Building permit" means the permit granted by the City to allow construction and includes all stormwater provisions, conditions, terms, and regulations stipulated by this article.
(d) "City" means the City of South Charleston.
(e) "Construction" means the act of constructing, building, grading, shaping, removing, demolishing, repairing, erecting, extending, installing equipment, or enlarging any building, structure, grounds, or premise. Construction is an activity regulated by the City through the issuance of a building permit.
(f) "Disturbed area" means an un-stabilized land area where construction activity is occurring, such as building, grading, stockpiling or storing soil, rock, earth or building material.
(g) "Drainage area" means that area contributing runoff to a single point.
(h) "Earthwork" means any act by which soil or top soil is graded, shaped, moved, cleared, stripped, stockpiled, excavated, scarified, filled, or any combination thereof.
(i) "Erosion" means process by which surface of land is worn away by water, wind, or chemical action.
(j) "Facility" for purposes of Section 933.09 hereof is a building, structure, installation or site in which pollutants are or may be produced or generated as a result of any activity, process or processes, conducted within the building, structure, installation, or site.
(k) "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.
(l) "Illicit connection" means any physical connection to a publicly maintained storm drain system which has not been authorized by the City of South Charleston from the date of enactment of this article.
(m) "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.
(n) "Impervious area" means surfaces that prevent infiltration of water into the ground such as roofs, patios, streets, walks, parking areas, driveways, and unvegetated clay.
(o) "New development" means any construction activity upon undisturbed/undeveloped land.
(p) "Non-stormwater" means all flows to the stormwater system not meeting the definition of stormwater. This includes, but is not limited to, water containing pollutants, cooling water, process water, ground water from a purge well and chlorinated swimming pool discharge.
(q) "NPDES" stands for National Pollutant Discharge Elimination System.
(r) "Pollutant" means a contaminant existing at a concentration to cause pollution, having an adverse impact to water quality, the environment, public health or welfare including, but not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, grease, petroleum products, munitions, chemicals, chemical waste, 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, animal waste, materials that result from the process of building construction, and offensive matter of any kind.
(s) "Pollution" means the degradation of the physical, thermal, chemical, biological or radioactive properties of the waters of the State 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 or the water environment.
(t) "Redevelopment" means any reconstruction of or modification to the impervious area of an existing property.
(u) "Registered professional engineer" means a person who has been duly registered or licensed as a registered professional engineer by the West Virginia state board of registration for professional engineers as required under West Virginia Code Chapter 30, Article 13.
(v) "Runoff" means any part of precipitation that flows over land.
(w) "Sediment" means soils or other materials transported by surface water as a product of erosion.
(x) "Stormwater" means atmospheric precipitation, snow and ice melt, surface runoff water, ground water discharge, water from operation of the water distribution system, water used in firefighting, runoff from street sweeping, flows from footing drains and all other discharge sources identified in the City of South Charleston stormwater NPDES permit, except as may be defined as non-stormwater by this article.
(y) "Stormwater management" means 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.
(z) "Stormwater system" includes all natural or manmade facilities, structures and water courses used for collecting and conducting stormwater to, through and from drainage areas and drains to points of final outlet including, but not limited to, any and all of the following: Inlets, conduits, outlets, channels, ponds, drainage easements, catch basins, streams, creeks, rivers, ditches, gulches, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, pipes, flood control systems, levies and pumping stations, and storm sewers. As applied in this article, "stormwater system" does not include highways, roads and drainage easements and stormwater facilities constructed, owned and/or operated by the West Virginia Division of Highways.
(aa) "User" is a firm, person or entity which is the legal owner or occupant of a property that directly or indirectly contributes stormwater or non-stormwater flow to the stormwater system, whether within or outside the corporate limits of the City. (Ord. 2210. Passed 2-5-15.)