§ 16-7-2 Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICABLE WATER QUALITY STANDARD. A numeric or narrative water quality criteria that limits the quality or concentration of pollutants that may be present in navigable waters as defined in 33 U.S.C. 1362(7).
AUTHORIZED ENFORCEMENT OFFICIAL. The Director of Public Works, City Services Supervisor, City Utility Supervisor, Code Enforcement Inspector, police officer, fire officer or City Attorney.
BEST MANAGEMENT PRACTICES (BMPS). The schedules of activities, prohibitions and practices, general good housekeeping practices, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spilling or leaks, sludge or waste disposal or drainage from raw material storage. (40 C.F.R. 122.2)
DISCHARGE. Any addition of any pollutant to waters of the United States from any point source.
ILLICIT DISCHARGE. Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from municipal separate storm sewer system) and discharges resulting from fire fighting activities. (40 C.F.R. 122.26(b)(2))
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches and man made channels or storm drains which are not part of Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
NONRESIDENTIAL USER. Any real property that is or is intended to be used for commercial, industrial, agricultural or recreational purposes; the immediate vicinity of five or more connected residential dwelling units and residential subdivisions or dwellings that have never been occupied by a bona fide purchaser or tenant.
NON STORMWATER DISCHARGE. Any discharge that is not entirely composed of stormwater.
NPDES PERMIT. A National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. 1342.
POLLUTANT. Solid, liquid, gases or other substances that can alter the physical or chemical properties of water, including, but not limited to, fertilizers, solvent, sludge, petroleum and petroleum products, biological materials, radio active materials, sand, dirt, animal waste, acids, bases, anti freeze, brake fluid and other automotive chemicals, insecticides, soaps, detergents, paints and other household chemicals.
POLLUTION. The presence of pollutants on land or in stormwater.
PREMISES. Any building, lot, parcel, real estate or land or portion of land, either improved or unimproved, including adjacent sidewalks and parking strips.
PUBLIC STORM DRAINAGE SYSTEM. All or any part of the storm drains, ditches, pipes, graded areas and gutters located within publicly owned easements, public rights of way, public parks, streets, roads or highways or in common areas or real property leased from the City that are used for collecting or conveying stormwater.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping or disposing into or on any land in a manner that can cause pollution, whether or not the released materials have actually entered the stormwater drainage system.
SIGNIFICANT MATERIALS. Includes, but is not limited to, raw materials, fuels, materials such as solvents, detergents, plastic pellets, finished materials such as metallic products, raw materials used in food processing or production, hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601(14), any chemical the facility is required to report pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 11023, fertilizers, pesticides and waste products, such as ashes, slag and sludge that have the potential to be released with stormwater discharges.
STORMWATER. Stormwater runoff, snow melt runoff and surface runoff and drainage, 40 C.F.R. 122.26(b)(12).
WATERS OF THE UNITED STATES OR WATERS OF THE STATE.
(1) 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.
(2) All interstate waters, including interstate wetlands.
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams) mudflats, sand flats, wetlands, sloughs, prairie pot holes, playa lakes or natural ponds, the use, degradation or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:
(a) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
(b) From which fish or shell fish are or could be taken and sold in interstate or foreign commerce; or
(c) Which are used or could be used for industrial purposes by industries in interstate commerce;
(4) All impoundments of waters, otherwise defined as waters of the United States under this definition;
(5) Tributaries of waters identified in subsections (1) through (4) above;
(6) The territorial sea;
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (4) above; and
(8) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act (other than cooling ponds as defined in 40 C.F.R. 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to man made bodies of water which neither were originally created in the waters of the United States (such as disposal areas and wetlands) or resulted from the impoundment of waters of the United States. (40 C.F.R. 122.2.) (Prior Code, § 16-7-2) (Ord. 94-497, passed 5-10-1994)