§ 15.14.040. Definitions.

Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following words and phrases shall have the following meanings when used in this chapter:

Area susceptible to runoff. Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

Authorized enforcement officer. The city manager, his/her designee, or any staff empowered by the Municipal NPDES Permit to enforce this chapter.

Best management practices (BMPs). Practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non-storm water discharges to receiving waters, or designed to reduce the volume of storm water or non-storm water discharged to the receiving water. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste-handling and disposal, or treatment requirements, operating procedures, and practices to control site run-off spillage or leaks, sludge or waste disposal, or drainage from raw material storage, among others.

Bioretention. A LID BMP that reduces storm water runoff by intercepting rainfall on vegetative canopy or groundcover, and through evapotranspiration and infiltration.

Construction. Any project, including projects requiring coverage under the construction general permit (CGP), that involves soil disturbing activities including, but not limited to, clearing, grading, paving, disturbances to ground such as stockpiling, and excavation.

Construction general permit. The NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, revised by Order No. 2010-0014-DWG and Order No. 2012-0006-DWQ, and any successor permit to that permit.

Control. To minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

Development. Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Discharge. When used without qualification, means the discharge of a pollutant.

Discharger. Any responsible party or site owner or operator within the permittees' jurisdiction whose site discharges storm water runoff, or a non-storm water discharge.

Discharge of a pollutant. Any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge of a pollutant includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately-owned treatment works.

Discretionary project. Shall be defined in the same manner as in Cal. Code of Regulations Title 14, § 15357 of the Guidelines for Implementation of the California Environmental Quality Act, as amended, and means a project which requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine.

Disturbed area. An area that is altered as a result of clearing, grading, and/or excavating, unless solely for the purposes of landscape maintenance or fire prevention.

Enforcement response plan. Describes enforcement measures to employ any combination of actions to escalate responses where necessary to correct persistent non-compliance, repeat or escalating violations, or incidents of major environmental harm.

Environmentally sensitive area (ESA). An area in which plant or animal life or its habitats is either rare or especially valuable because of its special nature or role in an ecosystem, and which would be easily disturbed or degraded by human activities and developments (Cal. Public Resources Code §30107.5). Areas subject to storm water mitigation requirements are areas designated as a significant natural area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the basin plan as supporting the rare, threatened, or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.

Hillside. Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes.

Illicit connection. Any man-made conveyance that is connected to the MS4 without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4.

Illicit discharge. Any discharge to the MS4 that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all non-storm water discharges, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in Section B. of the Municipal NPDES Permit.

Industrial development. Development or redevelopment of property to be used for industrial purposes, such as factories, manufacturing buildings, and research and development parks.

Infiltration. The downward entry of water into the surface of the soil.

Inspection. Entering and conducting an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

(1)

Pre-inspection documentation research;

(2)

Request for entry;

(3)

Interview of property owner, resident and/or occupant(s);

(4)

Property walk-through;

(5)

Visual observation of the condition of property;

(6)

Examination and copying of records as required;

(7)

Sample collection (if necessary or required);

(8)

Exit discussion (to discuss preliminary evaluation) as appropriate; and

(9)

Report preparation, and if appropriate, recommendations for coming into compliance.

Low impact development (LID). Building or landscape features designed to retain or filter storm water runoff.

Material. Any substance including, but not limited to garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

Municipal NPDES Permit. Waste discharge requirements for small municipal separate storm sewer system (MS4) Discharges within the Mohave River Watershed (Order No. 2013-0001 DWQ), NPDES Permit No. CAS000004, effective July 1, 2013, issued by the California Regional Water Quality Control Board, and any successor permit to that permit.

MS4 (Municipal separate storm sewer system). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

(1)

Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

(2)

Designed or used for collecting or conveying storm water;

(3)

Which is not a combined sewer; and

(4)

Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

New development. Land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. To qualify as new development, the development must occur on an open (pervious) lot that has not formerly been developed.

Non-storm water discharge. Any discharge to the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water.

NPDES permit. NPDES is an acronym for National Pollutant Discharge Elimination System. NPDES is the national program for administering and regulating Sections 307, 318, 402, and 405 of the Clean Water Act (CWA). In California, the State Water Resources Control Board (SWRCB) has issued a General Permit for stormwater discharges.

Parking lot. Land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry or personal use.

Pollutant. Those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 USC 1362(6)), or incorporated into California Water Code § 13373. Examples of pollutants include, but are not limited to the following:

(1)

Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

(2)

Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic);

(3)

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(4)

Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

(5)

Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

(6)

Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus;

(7)

The term pollutant shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term pollutant also shall not include any substance identified in this definition, if through compliance with the BMPs available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the BMPs available.

Project. All development, redevelopment, and land-disturbing activities. The term project is not limited to project as defined under the California Environmental Quality Act under California Public Resources Code Section 21065.

Rainfall harvest and use. A LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department.

Redevelopment. Land-disturbing activity that results in the creation, addition or replacement of exterior impervious surface area on a site on which some past development has occurred. Redevelopment does not include trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, noncontiguous sections of roadway. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition:

(1)

The expansion of a building footprint;

(2)

Addition or replacement of a structure;

(3)

Replacement of impervious surface that is not part of a routine maintenance activity; and

(4)

Land-disturbing activities related to structural or impervious surfaces.

Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

Regional board. The California Regional Water Quality Control Board—Lahontan Region.

Routine maintenance. Includes, but is not limited to, projects conducted to:

(1)

Maintain the original line and grade, hydraulic capacity, and original purpose of facility;

(2)

Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities;

(3)

Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;

(4)

Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless of such projects result in increased capacity;

(5)

Repair leaks;

(6)

Conduct landscaping activities without changing existing or natural grades; and

(7)

Conduct brush cleaning and grubbing for fire prevention.

Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

Runoff. Any runoff, including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

Source control BMP. Any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

Storm water runoff. That part of precipitation (rainfall or snow melt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi-pervious or pervious surfaces.

Structural BMP. Any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

Treatment. Any method, technique, or process designed to remove pollutants and/or solids from polluted storm water runoff, wastewater, or effluent.

Treatment control BMP. Any engineered system designed to remove pollutants.

Verbal warnings. Verbal warnings are primarily consultative in nature. At a minimum, verbal warnings shall specify the nature of the violation and required corrective action.

Written notices. Written notices shall include nature of the violation and the required corrective action, with deadlines for taking such action.

( Ord. No. 951-2017, § 2, 3-6-2017 )