Sec. 26-23. Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
   Authorized representative means a person delegated powers or duties by the manager pursuant to this article.
   AZPDES means Arizona Pollutant Discharge Elimination System.
   BMP means Best Management Practice.
   Certified industrial hygienist means a professional industrial hygienist certified by the American Board of Industrial Hygiene.
   City means the City of Tucson, a municipal corporation and subdivision of the State of Arizona.
   Clean Water Act means the Federal Water Pollution Control Act amendments of 1972, as amended (P.L. 92-500; Stat. 816; 33 United States Code §§ 1251 through 1376).
   Connection means the juncture/location at which discharge may enter the municipal separate storm sewer system.
   Corrective action plan is a plan required under this article and approved by an authorized representative that consists of structural and nonstructural Best Management Practices to prevent stormwater pollution or remediate impacts to the stormdrain system. Based on site conditions, the authorized representative will determine whether the corrective action plan will be prepared and certified by a qualified person registered with the State of Arizona as a professional engineer, or professional landscape architect; or a qualified person certified by the American Board of Industrial Hygiene, as a certified industrial hygienist.
   De Minimus discharge means a discharge that is a low flow and/or low frequency event of relatively pollutant free water which is discharged with appropriate BMPs to reduce any pollutants to below the applicable surface water standard (A.A.C. Title 18, Chapter 11, Article 1).
   Discharge means any generated or naturally occurring runoff or flow into, or through the city's municipal separate storm sewer system or waters of the United States.
   Discharger means any person who causes or allows a discharge or who owns property from which a discharge originates.
   Engineer means a professional civil engineer, registered with the State of Arizona.
   Environment means navigable waters, any other surface waters, groundwater, drinking water supply, land surface, subsurface strata, ambient air, biotic community, or wildlife habitat within or bordering on the city.
   Illicit connection means a connection that causes, or otherwise allows, illicit discharges.
   Illicit discharge means any discharge that is not composed entirely of stormwater except: discharges pursuant to and in compliance with an applicable NPDES or AZPDES permit or other written authorization from the Environmental Protection Agency or the Arizona Department of Environmental Quality; not including the city's Municipal Stormwater Permit; and discharges that are considered to be non-significant sources of stormwater pollution.
   Industrial facility means the site of any industrial activity regulated under federal NPDES or state AZPDES stormwater permit requirements.
   Land disturbance activity means any activity that is regulated under the federal NPDES or state AZPDES stormwater permit requirements for construction sites.
   Landscape architect means a professional landscape architect registered with the State of Arizona.
   Manager means the City of Tucson Manager or the manager's authorized representative.
   Municipal separate storm sewer system means a system of conveyances, consisting of all structures, basins, and natural or manmade channels that can collect, detain/retain, receive, or convey stormwater or other liquid that is discharged to a water of the United States from, or through, private property, public property, common areas, easements or rights-of-way, infrastructure, including but not limited to swales, watercourses, channels, streets, culverts, stormdrains, curbs and gutters. For the purposes of this article, the municipal separate storm sewer system does not include the following waters of the United States: the Santa Cruz River, Rillito Creek, Pantano Wash, Tanque Verde Creek, Rincon Creek, Sabino Creek, West Branch Santa Cruz River Diversion Channel, and Agua Caliente Wash.
   NPDES means National Pollutant Discharge Elimination System.
   No-exposure certification is a document certifying that federal and/or state no-exposure requirements have been met.
   Notice of intent (NOI) is a document describing the intent to operate an industrial facility or land disturbance activity in accordance with a general stormwater AZPDES/NPDES permit.
   Notice of termination (NOT) is a document certifying one of the following conditions:
   (1)   A change of ownership or responsible party;
   (2)   Final site stabilization following a land disturbance activity;
   (3)   Discharge has permanently ceased; or
   (4)   Discharges are covered under another AZPDES/NPDES permit.
   Person means an individual, resident, property owner, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the federal government, State of Arizona, or any political subdivision or agency of this state.
   Pollutant means any solid, liquid, or gaseous substances that may have an adverse impact on human health, the environment, or the property of others, or which otherwise causes or contributes to a violation of any stormwater quality provision of federal, state, or local laws.
   Qualified person means a person who is knowledgeable and possesses the skills to assess conditions at the site that could impact stormwater quality and the effectiveness of the BMPs selected to control the quality of stormwater discharges. Based on site conditions, the manager will determine whether the qualified person must also be registered with the State of Arizona as a professional civil engineer, or professional landscape architect; or whether the qualified person must be certified by the American Board of Industrial Hygiene, as a certified industrial hygienist.
   Stormwater means precipitation runoff, to which no pollutant has been added by human activity.
   Stormwater pollution prevention plan is a document required under AZPDES/NPDES regulations or imposed pursuant to this article describing the stormwater quality controls in place at a site.
   Waters of the United States or waters of the U.S. means a water body that is claimed under the jurisdiction of the U.S. government, including rivers and streams (intermittent, ephemeral), dry washes, acequias, arroyos, natural ponds and wetlands.
(Ord. No. 10209, § 3, 10-18-05)