ACCIDENTAL DISCHARGE: A discharge prohibited by this article into the "community waters" or to the "waters of the state" which occurs by chance and without planning or consideration prior to occurrence.
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq., and any addition or amendment thereto.
AGRICULTURAL STORMWATER RUNOFF: Any stormwater runoff from orchards, cultivated crops, pastures, rangelands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR section 122.24 and any addition or amendment thereto.
AQUATIC MONITORING ORGANISM: The fathead minnow Pimephales promelas, the bacterium Photobacterium phosphoreum, or the daphnid Ceriodaphnia dubia.
BEST MANAGEMENT PRACTICE (BMP): The best available practices or devices that, when used singly or in combination, eliminate or reduce the contamination of surface and/or ground waters. BMPs are divided into two (2) categories:
A. Nonstructural best management practices are those which require modified or additional operational or behavior practices, such as sweeping a parking lot or having spill response equipment on site; and
B. Structural best management practices are those which require the construction of a structure or other physical modification on the site.
CITY: The city of Warr Acres, Oklahoma, a municipal corporation, and the duly authorized offices or agents of the city of Warr Acres.
CLEAN WATER ACT: The federal water pollution control act, as amended, codified at 33 USC 1251 et seq., and any amendment or addition thereto.
COMMERCIAL: Property devoted in whole or in part to the commerce, that is, the exchange and buying and selling of commodities or services. The term shall include, by way of example but not of limitation, the following businesses: amusement establishments, animal clinics or hospitals, automobile service stations, new or used automobile dealerships, automobile car washes, automobile and vehicular repair shops, banking establishments, beauty and barber shops, bowling alleys, bus terminals and repair shops, camera shops, dental offices or clinics, daycare centers, department stores, drugstores, funeral homes, furniture stores, gift shops, grocery stores, hardware stores, hotels, jewelry stores, laboratories, laundries and dry cleaning establishments, liquor stores, medical offices and clinics, motels, movie theaters, office buildings, paint stores or shops, parking lots, produce markets, or professional offices, radio stations, repair establishments, retail stores, restaurants and similar establishments serving prepared food and beverages, rooming houses, shopping centers, stationery stores, television stations and production facilities, and theaters.
COMMUNITY WATERS: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the city of Warr Acres or the waters into which the composite sample stormwater system outfalls flow.
COMPOSITE SAMPLE: The sample of stormwater runoff resulting from the combination of individual samples taken at selected intervals based on an increment of either flow or time.
CONFIDENTIAL INFORMATION: A document or information regarding or describing a process, product or information which has been determined by the manager to be confidential or has been declared by a court of competent jurisdiction to be exempt from disclosure to third parties under the Oklahoma open records act and any amendment or supplement thereto.
CONSTRUCTION ACTIVITY: Clearing, grading, mining, and excavation activities except: operations which are not part of a larger common plan of development or sale.
CONSTRUCTION STORMWATER DISCHARGE PERMIT: These permits are to establish controls to the maximum extent practicable effectively prohibiting nonstormwater discharged from construction sites to the municipal separate storm sewer system (MS4) and where necessary, contain applicable water quality based controls.
CONTAMINATED: Containing a harmful quantity of any substance.
DEQ: The Oklahoma department of environmental quality.
DAYS: Calendar days.
DIRECTOR: The director of public works, or the person succeeding to his duties and functions by whatever name known, or his duly authorized deputy, agent, or representative.
DISCHARGE: To cause or allow to throw, drain, release, dump, spill, empty, emit, blow or pour any pollutants or harmful quantity of any substance into the municipal separate storm sewer system (MS4) or into community waters, waters of the state or waters of the United States.
DISCHARGER: Any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. Owner of commercial, residential or agricultural property; owner or transporter of source of discharge.
DOMESTIC SEWAGE: Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or commercial properties and institutions, that is free from industrial waste.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency or, where appropriate, the term may also be used as designated for the regional water management division director or other duly authorized official of said agency.
EROSION AND SEDIMENT CONTROL PLAN: A written plan, including drawings or other graphic representations, for the control of soil erosion and sedimentation resulting from a land disturbing activity.
FIRE CODE: The fire prevention and protection chapter of this code and any amendment or supplement thereto.
FIRE DEPARTMENT: The fire department of the city of Warr Acres, or any duly authorized representative thereof.
FIRE PROTECTION WATER: Any water, and any substances or materials contained therein, used by any person other than the fire department to control or extinguish a fire.
GARBAGE: Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
GRAB SAMPLE: A sample of stormwater runoff which is taken on a onetime basis without regard to the flow and consideration of time.
HARMFUL QUANTITY: The amount of any substance that will cause pollution of water in the state, or that will cause lethal or sublethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the city, upon their exposure to samples of any discharge into the MS4, community waters, or waters of the state.
HAZARDOUS SUBSTANCE: Any substance listed in table 302.4 of 40 CFR part 302 and any amendment or addition thereto.
HAZARDOUS WASTE: Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR part 261.
ILLICIT DISCHARGE: Any intentional discharge to the municipal separate storm sewer system that is not composed entirely of stormwater, except discharges pursuant to any NPDES permit, or discharges resulting from firefighting activities.
INDUSTRIAL: A business engaged in industrial production or service, that is a business characterized by manufacturing or productive enterprise or a related service business. This term shall include, by way of example but not of limitation, the following: salvage yards, wrecker services, apparel and fabric finishers, blast furnaces, blueprint and related shops, boiler works, cold storage plants, contractors' plants and storage facilities, foundries, furniture and household good manufacturing, forge plants, greenhouses, junkyards, manufacturing plants, metal fabricating shops, ore reduction facilities, planing mills, rock crushers, rolling mills, sawmills, smelting operations, stockyards, stone mills or quarries, textile production, utility transmission or storage facilities, warehousing, and wholesaling facilities.
INDUSTRIAL ACTIVITY: Any activity which is directly related to manufacturing, processing or raw materials storage areas at an industrial facility. The term includes, but is not limited to, industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the industrial facility; sites where material handling activities are performed; refuse sites; sites used for the applications or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and immediate and finished products.
INDUSTRIAL FACILITY OR INDUSTRY: A premises whose function is classified in the latest edition of "Standard Industrial Classification Manual" (United States office of management and budget).
INDUSTRIAL STORMWATER DISCHARGE PERMIT: Regular discharges from facilities which may control any conveyance which is used for collecting and conveying stormwater and which is directly related to material storage areas at an industrial plant.
INDUSTRIAL WASTE: Any airborne particulates, waterborne liquid or solid substance that results from any process of industrial, manufacturing, mining, production, trade, or business activities, including concrete washout.
INSTITUTIONAL: An established organization, especially of a charitable or public character. This term shall include, by way of example but not of limitation, the following: churches, community buildings, colleges, daycare facilities, dormitories, drug or alcohol rehabilitation facilities, fire halls, fraternal organizations, golf courses and driving ranges, government buildings, hospitals, libraries, kindergartens or preschools, nursing homes, mortuaries, schools, social agencies, synagogues, parks, and playgrounds.
MANAGER: The person designated by the city to supervise the operation of stormwater quality management and the stormwater management system and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
MATERIAL HANDLING ACTIVITIES: The storage, loading and unloading, transportation or conveyance of any raw material, immediate product, finished product, byproduct or waste product.
MONITORING: The performance of stormwater flow measurements, stormwater sampling, sample analysis, and like procedures necessary to determine compliance with stormwater discharge activity.
MOTOR VEHICLE FLUID: Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in, or from within, a motor vehicle.
MULTI-FAMILY RESIDENTIAL: An apartment building or other residential structure built for three (3) or more family units, mobile home parks with three (3) or more units or lots under common ownership, and condominiums of three (3) or more units.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned or regulated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.
MUNICIPAL SOLID WASTE: Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by EPA (or by the state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
NONPOINT SOURCE: Any source of any discharge of a pollutant that is not a "point source".
NOTICE OF INTENT (NOI): A written notice by a discharger or potential discharger to the director, or his designee, that the person wishes his discharge to be authorized under a general permit authorized by state law or regulation.
NOTICE OF TERMINATION (NOT): A written notice by a discharger to the director of the department of public works, or his designee, that the project permitted has seventy percent (70%) revegetation of all bare areas and all soil disturbing activities are concluded, allowing the termination of the permit issued under this chapter, or the discharger is no longer the operator of the facility and another has assumed the responsibility and obtained an NOI.
ODEQ: The Oklahoma department of environmental quality.
OPDES: Oklahoma pollution discharge elimination system act, 27 Oklahoma Statutes 2-201 et seq., and any amendment or addition thereto.
OIL: Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste.
OPERATOR: A person that: a) has operational or supervisory control over the premises or equipment; or b) has the day to day operational or supervisory control of activities at a work site or construction location sufficient to comply with or to ensure compliance with plan requirements and permit conditions (e.g., is authorized to direct workers at a work site to carry out activities identified in an ordinance, permit or work plan).
OVERBURDEN: Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally occurring surface material that is not disturbed by mining operation.
POTW: Publicly owned treatment works.
PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. This definition includes all federal, state, or local governments.
POINT SOURCE: Any discernible, confined and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged.
POLLUTANT: Any dredge spoil, solid waste, incinerator residue, oil, grease, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, industrial waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, agricultural and industrial waste, and characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).
POLLUTION PREVENTION PLAN: A written site specific plan to eliminate or reduce and control the pollution of stormwater through designed facilities, sedimentation ponds, natural or constructed wetlands, and best management practices.
PREMISES: Any plot or tract of ground, regardless of size or plat, owned by a person or used by a person and any contiguous plots.
RELEASE: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4), community waters, waters of the state, or the waters of the United States.
RUBBISH: Nonputrescible solid waste, excluding ashes, that consists of:
A. Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
B. Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1,600°F to 1,800°F).
SANITARY SEWER (OR SEWER): The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to a sewage treatment plant, POTW (and to which stormwater, surface water, and groundwater are not intentionally admitted).
SERVICE STATION: Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.
SEWAGE: Industrial waste and/or domestic sewage.
SIC CODE: Standard industrial classification code of executive office of the president of the United States, office of management and budget.
SIGNIFICANT SPILLS: Includes, but is not limited to, releases of oil or hazardous substances in excess of reportable quantities under section 311 of the clean water act (see 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (see 40 CFR 302.4) and any amendment or addition thereto.
SOLID WASTE: Any garbage, rubbish, refuse, municipal solid waste, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, agricultural operations, community and institutional activities, including metal shavings, plastic pellets, paint chips, carpet fibers, wood chips, sawdust, grass clippings and leaves.
SPILLS: Any release that, in the opinion of the director, negatively impacts the quality of water within or discharges from the city's municipal separate storm sewer system, or causes damaging or deleterious effects to the city's municipal separate storm sewer system including all structures or appurtenances, and/or the waters to the storm sewers.
STATE: The state of Oklahoma.
STORMWATER: Any rainwater runoff, surface runoff, and drainage related to rain or storm events or snowmelt.
STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY: Stormwater from areas of industrial activity or areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.
STORMWATER MANAGEMENT: The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this article and its terms, including, but not limited to, measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.
STORMWATER MANAGEMENT PLAN OR SWMP: The set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts, and techniques for the control of stormwater and which is incorporated as part of the NPDES permit for the city, and as part of this article.
TOXIC POLLUTANT: Any pollutant or combination of pollutants listed as toxic in 40 CFR part 401 promulgated by the administrator of the environmental protection agency under the provisions of 33 USC 1317 and any amendment or addition thereto.
UNCONTAMINATED: Not containing a harmful quantity of any substance.
USED OIL (OR USED MOTOR OIL): Any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties, but may be suitable for further use and is recyclable in compliance with state and federal law.
USER: Any source of direct or indirect discharge to Warr Acres's municipal separate storm sewer system.
UTILITIES: A television, electric, gas, water, sewer, cable TV, or other company or legal or government entity that provides service to the public.
VARIANCE: The modification of the minimum stormwater management requirements contained in this chapter and the stormwater management plan for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATER QUALITY: Those characteristics of stormwater runoff that relate to the physical, chemical, biological, or radiological integrity of water.
WATER QUANTITY: Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.
WATERS OF THE STATE (OR WATER): Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
WATERS OF THE UNITED STATES: All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal clean water act.
WETLAND: An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
The following abbreviations shall have the designated meanings:
BAT | Best available technology |
BCT | Best conventional technology |
BMP | Best management practice |
BOD | Biochemical oxygen demand |
CFR | Code of federal regulations |
COD | Chemical oxygen demand |
EPA | U.S. environmental protection agency |
gpd | Gallons per day |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NOI | Notice of intent |
NOV | Notice of violation |
NPDES | National pollutant discharge elimination system |
OPDES | Oklahoma pollution discharge elimination system |
POTW | Publicly owned treatment works |
RCRA | Resource conservation recovery act |
RQ | Reportable quantities |
SARA | Superfund amendments and reauthorization act of 1986 |
SCS | Soil conservation service |
SWDA | Solid waste disposal act (42 USC 6901 et seq.) |
TSD | Treatment, storage and disposal facilities |
TSS | Total suspended solids |
USC | United States code |
(Ord. 1076 §1, 2009)