When used in this chapter, the following words shall have the meanings ascribed to them in this section.
ACT. The Federal Water Pollution Control Act, including the 1972 amendments, referred to as the Clean Water Act or CWA (33 U.S.C. Section 1251 et seq. and any successor legislation).
APPROVAL AUTHORITY. The State of California Central Valley Regional Water Quality Control Board.
AUTHORIZED ENFORCEMENT OFFICER. The Public Works Director and those individuals designated by the Public Works Director to enforce the provisions of this chapter.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL ACTIVITY. An authorized representative of an industrial user including, but not limited to the following persons:
(1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
(3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the discharge originates.
BEST MANAGEMENT PRACTICES (BMP). Any program, schedule of activity, technology, process, siting criteria, operating method, measure, device, prohibition, practice (including, but not limited to, general housekeeping practices and pollution prevention practices), procedure or other management policy which controls, prevents, removes or reduces the discharge of pollutants, directly or indirectly to the municipal storm drain system and waters of the United States.
CALIFORNIA GENERAL CONSTRUCTION ACTIVITIES STORMWATER PERMIT. The general permit as adopted by the California State Water Resources Control Board for the permitting of surface water discharges associated with construction activities.
CALIFORNIA GENERAL INDUSTRIAL ACTIVITIES STORMWATER PERMIT. The general permit as adopted by the California State Resources Control Board for the permitting of surface water discharges associated with given industrial activities.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and any successor legislation.
CFR. The Code of Federal Regulations.
CITY. The City of Tulare.
CITY SURFACE WATER SEWER DRAINAGE SYSTEM or SURFACE WATER DRAINAGE SYSTEM. Includes, but is not limited to, those facilities owned and operated by the city through which surface water may be collected and/or conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, ponding basins or surface water drains which are not part of a publicly-owned
treatment works (POTW) as defined at 40 Code of Federal Regulations Section 403.3 and all conduits, pumping plants, collection facilities and other appurtenances owned and operated by the City of Tulare for carrying, collecting, pumping and/or disposing of stormwater, surface water, groundwater, roof runoff or other unpolluted water.
CONSTRUCTION ACTIVITY. Activities subject to a California general construction activities permit.
FACILITY. Any nonresidential premises.
HAZARDOUS MATERIALS. Any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT OR ILLEGAL DISCHARGE. Any direct or indirect non-surface water discharge to the surface water drain system, except as exempted in § 7.64.100 of this chapter.
ILLICIT CONNECTIONS. Either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the surface water drain system including but not limited to any conveyances which allow any non-surface water discharge including sewage, process wastewater and wash water to enter the surface water drain system and any connections to the surface water drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the surface water drain system which has not been documented in plans, maps or equivalent records and approved by the city.
INDUSTRIAL ACTIVITY. Any activity that involves manufacturing, processing, use of raw materials storage areas or any other activities covered in 40 Code of Federal Regulations Section 122.26 (b).
INSPECTOR. An authorized enforcement officer as defined in this section.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by the approval authority pursuant to the Clean Water Act, which authorizes a discharge of surface water to the waters of the state.
NON-SURFACE WATER DISCHARGE. Any discharge to the storm drain system that is not entirely composed of surface water.
NOTICE OF INTENT (NOI). The formal notification to the State Water Resources Control Board by the applicant that either a construction or industrial activity will occur in compliance with the conditions of the general permit and thereby commits the applicant to prepare and implement a stormwater pollution prevention plan.
OUTFALL. The point at which the city's surface water drainage system discharges to the waters of the state.
PERSON. Any natural person, corporation, partnership, business trust, company, government agency, association or other entity.
POLLUTANT. Anything which causes or contributes to pollution including, but not limited to, the following: dredged soil, incinerator residue, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water. POLLUTANTS may also include: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
POLLUTION. Human-caused or human-induced alteration of the quality of waters by waste to a degree that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities that serve these beneficial uses.
PORTER-COLOGNE ACT. The Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) and any subsequent amendments thereto and regulations adopted thereby.
PREMISES. Any building, lot parcel, real estate or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips or other surface area which is capable of contributing runoff to the city's surface water drain system.
PUBLIC WORKS DIRECTOR. The director of the City of Tulare Public Works Department.
STATE. The State of California.
SURFACE WATER. Surface water runoff, snowmelt runoff, surface runoff and drainage that has been contaminated as defined in the Porter-Cologne Act.
SURFACE WATER MANAGEMENT PROGRAM (SWMP). A comprehensive planning process to reduce discharge of pollutants to the maximum extent practicable using best management practices.
SURFACE WATER POLLUTION PREVENTION PLAN (SWPPP). The report required to be prepared by industrial or construction site storm-water dischargers, which sets forth the site map, identifies the activities that have the potential to pollute surface water and describes the proposed BMPs to be implemented by the discharger.
USER. Any person who contributes, causes or permits the contribution of surface water to the city's surface water drainage system as a consequence of improving property by adding impervious surfaces such as paving, sidewalks and roofs.
UNPOLLUTED WATER. Water to which no pollutant has been intentionally or accidentally introduced so as to render such water unacceptable to the city for disposal to storm or natural drainages or directly to surface waters.
WATERS OF THE STATE. Surface watercourses, and water bodies as defined at 40 CFR Section 122.2 and any subsequent amendment.
(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)