As used in this chapter:
“Act or the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
“Adjustment” means a determination that the volumetric amount of stormwater, which enters the stormwater drainage system from a premises is deemed to be a defined amount substantially different from the average stormwater drainage.
“Area-wide urban stormwater runoff permit” means the current, regional NPDES permit issued by the California Regional Water Quality Control Board, Santa Ana Region, to the San Bernardino County Flood Control District, San Bernardino County and sixteen (16) incorporated cities discharging stormwater into the Upper Santa Ana River Basin for the regulation of stormwater discharges from municipal separate storm sewer systems.
“Average stormwater drainage” means the average amount of stormwater drainage that enters the stormwater drainage system from a premises, based on runoff factors established by the San Bernardino County Flood Control District.
“BMP” means any best management practice, best management guideline, or best management requirement as adopted by any federal, state, regional, or local agency and applicable to storm drain system.
“City or the city” means the City of Yucaipa, California.
“City engineer” means the city engineer for the city, or the engineer’s designee.
“City permit” means any permit issued by the city.
“City construction activity” means any activity used in the process of developing, redeveloping, enhancing, or maintaining land, including but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials, or as defined by the State Water Resources Board or the Regional Water Quality Control Board, Santa Ana Region, whichever is more restrictive, that necessitates securing an NPDES Permit or NOI.
“Contamination” means, as defined in the Porter-Cologne Water Quality Control Act, “an impairment of the quality of waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. ‘Contamination’ includes any equivalent effect resulting from the disposal of waste whether or not waters of the state are affected.”
“Compliance schedule” means the time period allowed by the city for a discharger to achieve compliance with the city’s stormwater regulations. The compliance schedule shall contain specific dates by which adequate treatment facilities, devices, or other related equipment and/or procedures must be installed or implemented.
“Developed parcel” means any lot or parcel of land altered from its natural state by the construction, creation, and addition of impervious area, except public streets or highways.
“Developer” means a person, firm, corporation, partnership, or association who proposes to develop, develops, or causes to be developed real property for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not developers.
“Dewatering” means the removal and disposal of surface water or groundwater for purposes of preparing a site for construction.
“Discharge” means any release, spill, leak, flow or escape of any liquid including sewage, wastewater or stormwater, semi-solid or solid substance onto the land or into the city’s stormwater drainage system.
“Discharger” means any person, property owner or occupant of a unit, building, premises or lot in the city who discharges or causes to be discharged any of the substances listed in the item (above) directly or indirectly into the city’s stormwater drainage system.
“EPA” means the Environmental Protection Agency of the United States of America.
“General permit for stormwater discharges from construction activity” means a statewide general NPDES permit that regulates all stormwater discharges associated with construction projects that disturb five acres or more of land or which result in the disturbance of less than five acres, but which are part of a larger common plan of development or sale.
“General permit for stormwater discharges from industrial activities” means a statewide general NPDES permit that regulates stormwater discharges associated with industrial activities that are listed in 40 CFR Section 122.26 (b) (14).
“Hearing officer” means the city’s engineer or designee, who presides, at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein.
“Illegal discharge” means any discharge to the stormwater drainage system that is not composed entirely of stormwater or contains constituents not provided for under Prohibited discharges, Section 13.04.090.
“Illicit connection” means any connection to the stormwater drainage system that is directly or indirectly associated with an illegal discharge except for connections permitted pursuant to a valid NPDES permit authorized by written approval of the city.
“Maximum extent practicable (MEP)” means to the maximum level of pollutant reductions or stormwater runoff reductions that must be achieved by treatment, infiltration or a combination of treatment, infiltration and best management practices, taking into account equitable considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal and technical feasibility, public health risks, societal concern, and social benefits, to effectively limit the discharge of pollutants or stormwater runoff into the city’s stormwater drainage system.
“New development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
“NPDES” means the National Pollutant Discharge Elimination System.
“NPDES Permit” means any permit issued pursuant to the NPDES program under the Federal Clean Water Act.
“NOI” means a notice of intent to comply with NPDES general stormwater permit.
“Non-stormwater” means any water not associated with storm runoff and that originates on or traverses any property.
“Nonstructural BMPS” means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.
“Nuisance” means any condition described by all of the following:
1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
3. Occurs during, or as a result of, the treatment or disposal of wastes.
“Permittee” means the San Bernardino County Flood Control District; San Bernardino County; and each of the sixteen (16) cities in San Bernardino County discharging stormwater drainage into the Upper Santa Ana River Basin and regulated by the areawide urban stormwater runoff permit.
“Person” means any individual, partnership, committee, entity, association, corporation, public agency, and any other organization, or group of persons public or private; the masculine genders shall include the feminine, the singular shall include the plural where indicated by the context.
“pH” means the measure of the hydrogen ion concentration of water and the standard by which the acidity or alkalinity of a water sample is determined.
“Pollutant” means, but is not limited to, any liquid, solid or semi-solid substances or combination thereof, which causes a nuisance or contributes to a condition of contamination or pollution of the city’s stormwater runoff, stormwater drainage system or the impairment or degradation of waters of the state, including but not limited to the following:
1. Floatable materials (such as floatable plastics or wood products, and metal shavings, or materials forming films, foam or scum);
2. Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids);
3. Metals and non-metals, including compounds of metals and non-metals;
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. Domestic sewage from sewer line overflows, septic tanks, porta-potties, boats and recreational vehicles;
6. Animal wastes (such as wastes from confinement facilities, kennels, pens, stables, and show facilities);
7. Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor;
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. Materials containing base/neutral or acid extractable organic compounds;
10. Waste materials and wastewater generated on construction sites from construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils;
11. Lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing;
12. Those pollutants defined in Section 1362 (6) of the Federal Clean Water Act; and
Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the state or EPA to adversely affect the beneficial uses of waters of the state.
“Receiving water” means all waters of the United States and tributaries of waters of the United States that are used for recreational or other purposes; from which fish or shell fish are taken; or which are used for industrial purposes by industries in interstate commerce.
“Redevelopment” means the creation or addition of impervious surfaces or the making of improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces.
“Sewage” means the wastewater of the community derived from residential, agricultural, commercial, or industrial sources, including domestic sewage, and industrial wastewater.
“SIC (Standard Industrial Classification)” means the statistical classification standard underlying all establishment-based federal economic statistics classified by industry. The Standard is published in the SIC Manual, 1987, Office of Management and Budget.
“Stormwater drainage system” means all of the property owned or leased by the city and used directly or indirectly in the collection, conveyance, storage or disposal of stormwater and including but not limited to conduits, natural or artificial drains, channels, basins and watercourses, together with appurtenances, pumping stations and equipment which is tributary to the regional stormwater runoff system.
“Stormwater” means rain water, snow melt runoff, and associated surface runoff and drainage.
“Stormwater pollution prevention plan (SWPPP)” means the plan as described in the general construction activity stormwater permit as issued by the State Water Resources Control Board on August 19, 1999 and as may be amended, or the general industrial activities stormwater permit as issued on April 17, 1997 and as may be amended, which specifies BMPs that will prevent pollutants from contacting stormwater and all products of erosion from moving off site into receiving waters.
“Stormwater quality management plan (SWQMP)” means a plan required of new development/redevelopment projects, outlining appropriate non-structural and structural BMPs, including stormwater infiltration and treatment devices that will be implemented and installed to prevent pollutants from being discharged into the city’s stormwater drainage system, during and after construction.
“Structural BMPs” means any structural facility designed and constructed to remove pollutants from stormwater runoff or prevent pollutants from contacting stormwater. Examples are canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
“Swimming pool” means any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes.
“Violation” means a breach of any provision of this chapter. (Ord. 229 § 3, 2005)