For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not ascribed a meaning by this section shall have the meanings as defined in the NPDES permit, if defined therein, and if not, the meanings ascribed by the regulations complementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as amended from time to time.
“Best management practices (BMPs)” means the collection of written activities, practices, policies and procedures prepared and proposed by a responsible party, and then approved by the Director, to prevent or reduce, to the maximum extent that is technologically and economically feasible, the discharge of pollutants to the storm drain system which might be generated from any site in the City on land under the possession or control of that responsible party, or those written standardized activities, practices, policies and procedures for the same purpose, as prepared and approved by the Director but without regard to any specific site and kept on file by the Public Works Department for guidance, reference or incorporation by any person not required to prepare an individualized Best Management Practices Manual. In addition to other matters, a Best Management Practices Manual may be required to include a description of: educational efforts, planning of development projects, treatment facilities to capture and remove pollutants from stormwater; operation, monitoring, cleanup and maintenance procedures; discharge notification steps; the schedule for construction of needed preventative or protective devices, and the prohibition of specific activities, practices, and procedures which could cause a discharge.
“City” means the City of Thousand Oaks.
“Development” means any grading, digging, construction, rehabilitation, redevelopment, addition to, or reconstruction of any private structure, or connected with any residential (whether single-family, multi-unit or planned unit development), industrial, commercial, or retail project; or mass grading for any future construction or project, for which either a City land use approval or any type of City permit is required.
“Director” means the Public Works Director of the City and any person(s) designated by the Director to fulfill any of the duties or powers of the Director as set forth in this chapter.
“Discharge” when used without qualification, means the discharge of a pollutant.
“Discharge of a pollutant” means any addition of any pollutant to waters of the United States or the storm drain system.
“Discharge permit” means an authorization, license or equivalent control document issued by the U.S. EPA, the State Water Resources Control Board or the Regional Board, and includes NPDES general permits and the NPDES permit.
“Discharger” means any person causing, or failing to take reasonable steps to stop, a discharge.
“EPA” means the Environmental Protection Agency of the United States of America.
“Illicit connection” means any man-made conveyance or drainage system pipeline, graded channel, conduit, inlet or outlet, or condition of property whether on the surface or subsurface through which the discharge of any pollutant to the storm drain system occurs or may occur. The term “illicit connection” shall not include a connection to the storm drain system that is approved and authorized by the City.
“Illicit discharge” means any discharge to the storm drain system or an upstream flow, which is tributary to the storm drain system that is not composed entirely of stormwater except discharges pursuant to a discharge permit and discharges that are exempt in accordance with any applicable order of the Regional Board. The term “illicit discharge” shall not include the following types of non-stormwater discharges, unless the Regional Board determines that these discharges cause specific receiving water limitation violations:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers;
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Natural springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Discharges or flows from emergency fire fighting activities;
(19) Other types of discharges as approved by the Executive Officer of the Regional Water Quality Control Board.
With written concurrence of the Regional Board, the City may issue an exemption in writing of non-stormwater discharges in addition to (1) through (19) above, which discharge is found not to be a source of pollutants to the storm drain system or watercourses.
“Invoice for costs” means the actual costs and expenses of the City, including, but not limited to administrative overhead, salaries, attorney fees, expert fees, testing and monitoring expenses, and other expenses recoverable under state law, incurred during any inspection or investigation conducted pursuant to this chapter, where a notice of violation, administrative compliance order or other enforcement option was utilized to obtain compliance with this chapter.
“National Pollutant Discharge Elimination System (NPDES) permit” means the municipal discharge permit(s) issued by the Regional Board and entitled Waste Discharge Requirements for Stormwater Management / Urban Runoff Discharges for VCFCD, County of Ventura, and the cities of Ventura County (including the City of Thousand Oaks), Order No. 94-082, NPDES Permit No. CAS 063339, as may be amended from time to time.
“Person” means any individual, firm, association, corporation, partnership, or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
“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. “Pollutant” shall not mean uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility, or any substance, the discharge of which into the City’s storm drain system, through best management practices, has been reduced to the maximum extent practicable, and shall not include those non-stormwater discharges set forth in the definition of “illicit discharge,” unless the Regional Water Control Board determines that these discharges cause specific receiving water limit violations.
“Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.
“Responsible party” means the person(s) identified in and responsible for compliance with the provisions of a storm water pollution prevention plan, stormwater pollution control plan, or stormwater quality master plan.
“State general permit” means a permit issued by the State of California or the Regional Board to regulate a category of point sources. The term “state general permit” includes, but is not limited to, the general permit for stormwater discharges associated with construction activity and the general industrial activities stormwater permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered stormwater control program for industrial and construction activities.
“Stormwater” means any surface flow, runoff, and/or drainage associated with rain storm events and/or snow melt.
“Storm drain system” means a conveyance or system of conveyances including streets, gutters, channels, artificial drains, lined diversion structures, wash areas, inlets, outlets or any other flood control or drainage facility, which is owned, operated, maintained or controlled by the city, the Ventura County Flood Control District or other public entity and used for the purpose of collecting, storing, conveying, or disposing of stormwater to waters of the United States, and also shall mean any natural channel, arroyo, or creek which is a tributary to or located in the watercourse.
“Stormwater pollution control plan” means a plan prepared by a responsible party identifying potential pollutant sources from a development construction site and describing proposed design, placement and implementation of that responsible party’s best management practices to effectively prohibit non-stormwater discharges and reduce pollutants in stormwater discharges to the storm drain system coming from that site or development to the maximum extent practicable during all construction activities.
“Storm water pollution prevention plan” means the plan prepared by a responsible party as required by the state general permit identifying potential pollutant sources and describing the design, placement and implementation of that responsible party's best management practices to effectively prohibit non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the general permit.
“Stormwater quality master plan” shall mean a plan prepared by a responsible party as required by the director for larger projects in order to define the strategy and describe the design, placement and implementation of best management practices to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges to the maximum extent practicable, for post-construction discharges to the storm drain.
“Stormwater quality management plan” means the Ventura Countywide Stormwater quality management plan, which includes descriptions of programs, collectively developed by the co-permittees (being the City and other governmental agencies), in accordance with provision of the NPDES permit, to comply with applicable federal and state law, as the same is amended from time to time.
“Watercourse” means any natural or artificial channel for passage of water within the City, including the Ventura County Flood Control District (“VCFCD”) jurisdictional channels, or “red line channels” (as described in the “list of channels” within the comprehensive plan of the VCFCD, October 4, 1994, and its amendments).
(§ 1, Ord. 1343-NS, eff. October 14, 1999)