“Agricultural activities” means those activities over which the Oregon Department of Agriculture has enforcement authority.

“Bank” means that portion of a waterway that is exposed from the ordinary high water mark (OHWM) and extends upland.

“BMP” means best management practices.

“City” means City of Ashland.

“Construction activities” means activities that require a National Pollutant Discharge Elimination System construction permit. These activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

“Director” means the Director of Public Works or the Director’s designee.

“Hazardous materials” mean any material, including any substance, waste, or combination thereof, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise mismanaged.

“Illicit connection” means either of the following:

“Illicit discharge” means any direct or indirect nonstormwater discharge to the public storm drainage and surface water system, except as exempted in AMC 14.10.060. “Illicit discharge” as used in this chapter shall have the same meaning as the term “illegal dumping” as used by the Department of Environmental Quality.

“Industrial activity” means activities which require an NPDES industrial permit.

“MS4” means a municipal separate storm sewer system.

“National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means general, group, and individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations and regulated through the Oregon Department of Environmental Quality.

“Nonstormwater discharge” means any discharge to the public storm drainage, groundwater and surface water systems that is not composed entirely of stormwater.

“Ordinary high water mark” (OHWM) means the line on the bank or shore to which the high water ordinarily rises in the average runoff year. The OHWM excludes exceptionally high water levels caused by large flood events such as the five (5) year or 100-year events.

“Owner” means a person who is the sole fee simple owner of the real property, all joint owners whose interests add up to a fee simple interest in the property, or the owner of an equitable interest in the property pursuant to a land sales contract.

“Person responsible” or “responsible person” means the equitable or legal owner of the subject property, a lessee, tenant or person in possession of the property, or the person or persons directly or indirectly responsible for an act.

“Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

“Pollution” means contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any water of the state that either by itself or in connection with any other substance present can reasonably be expected to create a public nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare; to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wildlife, fish, other aquatic life or the habitat thereof.

“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Public storm drainage and surface water system” means publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and manmade or altered drainage channels, reservoirs and other drainage structures.

“Stormwater” means snow melt runoff, and surface runoff and drainage, and is defined in 40 CFR §122.26(b)(13). “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility.

“Stormwater management area” means an area designated as a stormwater management area by the Oregon Department of Environmental Quality.

“UIC” means underground injection control. A UIC structure is a subsurface distribution system for stormwater; usually an assemblage of perforated pipes, drain tiles or other mechanisms intended to distribute stormwater below the surface of the ground.

“Waters of the state” means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the state of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are located wholly or partially within or bordering the state or within its jurisdiction.

“Waterway” means a body of water (whether natural or manmade) that periodically or continuously contains waters of the state and has a definite bed and banks that serve to confine the water. (Ord. 3223, added, 07/18/2023)