§ 20-1.3. Definitions.
As used in this Chapter:
"Accelerated Erosion" means the rate and amount of erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals.
"Authorized Inspector" shall mean the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance and detect violations of this Chapter.
"Basin Plan" shall mean the "Water Quality Control Plan for the Santa Ana Basin" adopted by the Santa Ana Regional Water Quality Control Board in September 1994 and any subsequent amendments.
"Best Management Practices (BMPs)" shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, operation and maintenance procedures and other management practices or devices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to storm water, receiving waters or the storm water drainage system. BMPs may be structural or non-structural, and include, but are not limited to, site design, source control, treatment control, and natural design methods. BMPs may include any type of pollution prevention and control measure that can help to achieve compliance with this ordinance.
"City" shall mean the City of Villa Park, Orange County, California.
"Clean Water Act" shall mean the Federal Statute (33 USC Section 1251 et seq., as amended, including Section 402(p) therein) requiring municipal and industrial dischargers to obtain NPDES permits for their discharges of storm water.
"Co-Permittee" shall mean the County of Orange, the Orange County Flood Control District, and/or any one (1) of the thirty-one (31) municipalities, including the City of Villa Park, which is responsible for compliance with the terms of the NPDES Permit.
"DAMP" shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
"Development Project Guidance" shall mean DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for New Development including Non-residential construction projects, as the same may be amended from time to time.
"Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
"Discharge Exception" shall mean the group of activities not restricted or prohibited by this ordinance, including only:
1.
Discharges composed entirely of storm water;
2.
Discharges covered under current EPA or Regional Water Quality Control Board issued NPDES permits, or other waivers, permits or approvals granted by an appropriate government agency;
3.
Discharges from property for which best management practices set forth in the development project guidance are being implemented as follows;
4.
Discharges to the storm water drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minims groundwater infiltration to the storm water drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);
5.
Discharges from potable water sources such as passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing at residences, flows from riparian habitats and wetlands, de-chlorinated swimming pool discharges, public street wash waters when related to cleaning and maintenance by, or on behalf of, the city and discharges authorized pursuant to federal or state laws or regulations;
6.
Discharges from reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City of Villa Park;
7.
Discharges allowable under the domestic sewage exception;
8.
Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge;
9.
Discharges authorized pursuant to federal or state laws or regulations. In any action taken to enforce this ordinance, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
"Domestic Sewage Exception" shall mean discharges that are exceptions to this section and excluded from the definition of prohibited discharge, as defined herein, including only:
1.
Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.
"Enforcing Attorney" shall mean the City Attorney acting as counsel to the City of Villa Park and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the enforcing Attorney.
"EPA" shall mean Environmental Protection Agency of the United States.
"Hearing Officer" shall mean the City Manager or his/her designee, who shall preside at the administrative hearings authorized by this Ordinance and issue final decisions on the matters raised therein or shall mean the appeals board established by separate resolution of the City Counsel, which shall preside at the administrative hearings authorized by this Ordinance and issue final decisions on the matters raised herein.
"Illicit Connection" shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the storm drain system occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the storm water drainage systems that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
"Impaired Water Body" shall mean a water body that is listed by the California State Water Resources Control Board as impaired by a particular pollutant or pollutants, pursuant to section 303(d) of the Federal Clean Water Act.
"Impervious Surface Area" means the ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself.
"Impervious Surfaces or Covers" shall mean a constructed or modified surface that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks and driveways.
"Invoice for Costs" shall mean the actual costs and expenses of the City, including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any inspection conducted pursuant to Section 6-8.6 of this Article, where a notice of Noncompliance, Administrative Compliance Order or other enforcement option under Section 6-8.7 of this Article is utilized to obtain compliance with this Article.
"LIP" shall mean the City of Villa Park Local Implementation Plan, including all appendices or revisions. The Local Implementation Plan is the document detailing the City's local implementation of the Orange County DAMP.
"Legal Nonconforming Connection" shall mean connections to the storm water drainage system as of the adoption of this Ordinance that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the County Ordinance No. 703.
"Maximum Extent Practicable (MEP)" shall mean the acceptability standard for Best Management Practices (BMPs) established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that dischargers of storm water must meet. MEP means using the most effective set of BMPs that can be implemented and still remain practicable. A BMP is effective if it prevents, reduces or removes pollutants that would otherwise be present in the runoff due to human activity. A BMP is practicable if it complies with storm water and other regulations; is compatible with the area's land use, character, facilities and activities; is technically feasible and provides benefits that are reasonable in relation to cost. MEP generally emphasizes pollution prevention and source control BMPs (as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense).
"Non-Residential Plumbing Permit" means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.
"National Pollution Discharge Elimination System (NPDES) Permit" shall mean the currently applicable municipal discharge permit[s] issued by the Santa Ana Regional Water Quality Control Board Order No. 90-71, NPDES No. CA 8000180, which establishes waste discharge requirements applicable to storm water and urban runoff in the City of Villa Park.
"New Development" shall mean all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or Non-residential plumbing permit is required.
"Non-Storm Water" shall mean all discharges to and from a storm water drainage system that do not originate from precipitation events (i.e. all discharges from a storm water drainage system other than storm water).
"Person" shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or similar entity, or the agent, employee or representative of any of the above.
"Pollutant" shall mean any liquid, solid or semi-solid substance, or combination thereof, including and not limited to:
1.
Artificial materials (such as floatable plastics, wood products or metal shavings).
2.
Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and materials from vehicles, lawn mowers and other on household equipment).
3.
Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics that cause an adverse effect on living organisms.
4.
Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease).
5.
Animal waste (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields).
6.
Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor.
7.
Waste materials and wastewater generated on construction sites and by construction activities (such as painting; staining; use of sealant and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers; paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing).
8.
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.
9.
Materials that contain base/neutral or acid extractable organic compounds.
10.
Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and
11.
Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus, or erode soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial use of the receiving waters, flora, or fauna of the State.
The term "Pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted treatment facility.
"Priority Development Project" shall mean any of the following development categories as defined in the NPDES permit:
1.
All significant re-development projects.
2.
Home subdivisions of ten (10) units or more. This includes single-family residences, multi-family residences, condominiums, apartments, etc.
3.
Industrial/commercial developments of one hundred thousand (100,000) square feet or more. Commercial development include non-residential development such as hospitals, educational institutions, recreational facilities, mini-malls, hotels, office buildings, warehouses, and light industrial facilities.
4.
Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539).
5.
Restaurants where the land area of development is five thousand (5,000) square feet or more.
6.
Hillside developments of ten thousand (10,000) square feet or more which are located on areas with known erosive soil conditions or where the natural slope is twenty-five (25) percent or more.
7.
Developments of two thousand five hundred (2,500) square feet of impervious surface or more adjacent to (within two hundred (200) feet) or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as Areas of Special Biological Significance (ASBS) or water bodies listed on the CWA Section 303(d) list of impaired water bodies.
8.
Parking lots of five thousand (5,000) square feet or more exposed to storm water. Parking lot is defined as land area or facility for the temporary storage of motor vehicles.
"Private Property" shall mean any real property, irrespective of ownership, which is not open to the general public.
"Prohibited Discharge" shall mean any discharge to or from the storm water drainage system or to a receiving water body that is not composed entirely of storm water. This includes but is not limited to discharges of non-storm water that are not defined under the discharge exception, any discharge from an illicit connection, or any discharge which causes or contributes to the exceedance of basin plan receiving water quality objectives. Discharges pursuant to a separate NPDES permit (other than the NPDES permit for discharges from the municipal storm water drainage system) are prohibited unless compliance with all applicable permit conditions is maintained.
"Receiving Waters" shall mean all waters as defined in the NPDES Permit, including but not limited to natural streams, creeks, rivers, lakes, bays, the Pacific Ocean and ground water.
"Significant Redevelopment" shall mean the creation or addition of five thousand (5,000) square feet or more of impervious surface area on an existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land distributing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than fifty (50) percent of the impervious surface area of previously existing development, and the existing development was not subject to WQMP requirements, the design sizing criteria for structural BMP facilities applies only to the addition, and not to the entire development.
"State general permit" shall mean the State General Industrial Storm Water Permit, the State General Construction Permit or any other State General Permit that has been or will be adopted and the terms and requirements of any such permit. In the event the U.S. EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities.
"Storm Water" shall mean surface runoff and drainage associated with storm events and snowmelt, and is that portion of precipitation that flows across a surface to the storm water drainage system or receiving waters. Examples include, but are not limited to: the water that flows off a building's roof when it rains (runoff from an impervious surface); the water that flows from a vegetative surface when rainfall is in excess of the rate at which it can infiltrate into the soil (runoff from a pervious surface); and the water that flows into streams when snow on the ground begins to melt.
"Storm Water Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is part of or tributary to the Countywide storm water runoff system and owned, operated, maintained or controlled by the County of Orange, the Orange County Flood Control District or any co-permittee, and use for the purpose of collecting, storing, transporting or disposing of storm water.
"Urban Runoff" shall mean all flows in the storm water drainage system and consist of storm water and non-storm water flows.
"Water Quality Management Plan (WQMP)" means a water quality management plan that is designed to minimize pollutant discharges, accelerated erosion and sediment runoff during redevelopment construction and operation activities. Another synonymous term for such a water quality plan is Standard Urban Runoff Mitigation Plan (SUSMP).
(Ord. #2006-518, § 1)