For purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) BEST MANAGEMENT PRACTICES(BMPs). Physical, structural and/or 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. BMPs may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
(b) FACILITY. A building, structure, installation or construction site in which pollutants are produced and/or generated as a result of a process or processes, conducted within the building, structure or installation.
(c) FOOTING DRAIN. A pipe or conduit which is placed around the perimeter of a building foundation or other structures for the purpose of admitting ground water.
(d) ILLICIT CONNECTION. Any physical connection to a publicly maintained storm drain system which has not been permitted or allowed by the City of Wellsburg or the Utility from the date of enactment of this article.
(e) ILLICIT DISCHARGE. 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.
(f) IMPERVIOUS AREA. Land area covered by any manmade surface that significantly inhibits stormwater from penetrating the soil.
(g) INDUSTRIAL SITES. Those sites contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6).
(h) MS4. The municipal separate storm sewer system serving the City of Wellsburg, as defined by federal law at 40 CFR 122.26.
(i) MULTI-UNIT PROPERTY. A residential, non-residential or commercial property of any size that has located upon the property two or more tenants, at least one of which having no ownership interest in the property.
(j) NON-STORMWATER. All flows to the stormwater system not defined as stormwater in this article or as determined by the City. This includes, but is not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(k) PERVIOUS AREA. All land area that is not impervious.
(l) POLLUTANT. Objects including, but not limited to, dredged soil, solid waste, sewage, garbage, sewage sludge, grease, petroleum products, munitions, chemical waste, detergents, 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 from commercial landscaping operations, animal waste, materials that result from the process of building, and offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.
(m) POLLUTION. The degradation of the physical, thermal, chemical, biological or radioactive properties of the waters of the State and/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 and/or the water environment.
(n) PRIVATE FACILITY. A stormwater facility not otherwise classified as a public facility as defined below.
(o) PUBLIC FACILITY. A stormwater facility that serves two or more properties, including, but not limited to, main pipelines that collect and transmit stormwater from and/or across two or more properties, and all taps or other connections onto a public facility. Public facilities that are privately owned upon enactment of this article shall become publicly owned facilities, and thus the responsibility of the Stormwater Utility, only upon conveyance by the private owner and acceptance by the Utility.
(p) REAL PROPERTY. Land and fixtures and improvements upon that land, but does not include public streets or sidewalks.
(q) SERVICE AREA. All areas within the political boundaries of the City of Wellsburg and those areas outside of said boundaries that naturally drain into the City, that may be designated by City Council as included in the area served by the Utility.
(r) STORMWATER. Atmospheric precipitation, surface runoff water, ground water discharge, flows from footing drains and all other discharge sources identified in the City of Wellsburg stormwater NPDES permit, except as may be defined as non-stormwater by this article.
(s) STORMWATER MANAGEMENT. 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.
(t) STORMWATER SYSTEM. Includes all facilities, structures and natural watercourses used for collecting and conducting stormwater to, through and from drainage areas to points of final outlet including, but not limited to, any and all of the following: inlets, conduits, outlets, channels, ponds, drainage easements, water quality facilities, catch basins, streams, gulches, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, pipes, flood control systems, levies and pumping stations, As applied in this article, STORMWATER SYSTEM does not include highways, roads and drainage easements, and/or stormwater facilities constructed, owned and/or operated by the West Virginia Division of Highways.
(u) USER. A firm, person or property which is the legal owner or occupant of a property that directly or indirectly contributes stormwater or non-stormwater flows to the stormwater system, within the service area of the Utility as defined by this article.
(v) UTILITY. The City of Wellsburg Combined Waterworks, Sewage System and Stormwater Board and its duly appointed officers and agents.
(Ord. 2016-10-2. Passed 11-7-16.)