13.26A.015 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

“AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can reasonably be required for preventing, controlling or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.

“Best management practices” or “BMPs” means those physical, structural, and managerial practices, and prohibitions of practices, that, when used singly or in combination:

1.    Prevent or reduce erosion;

2.    Control stormwater runoff peak flow rates and volumes; and

3.    Prevent or reduce pollution of surface water or groundwater.

“Chapter” means this chapter and any administrative rules and regulations adopted to implement this chapter.

“Clean Water Act” means 33 U.S.C. 1251 et seq., as amended.

“Contaminants” include, but are not limited to, the following:

1.    Trash or debris;

2.    Construction materials;

3.    Petroleum products including but not limited to oil, gasoline, grease, fuel oil or heating oil;

4.    Antifreeze and other automotive products;

5.    Metals in either particulate or dissolved form;

6.    Flammable or explosive materials;

7.    Radioactive material;

8.    Batteries;

9.    Acids, alkalis, or bases;

10.    Paints, stains, resins, lacquers or varnishes;

11.    Degreasers and/or solvents;

12.    Drain cleaners;

13.    Pesticides, herbicides or fertilizers;

14.    Steam cleaning wastes;

15.    Soaps, detergents, or ammonia;

16.    Swimming pool backwash;

17.    Chlorine, bromine, and other disinfectants;

18.    Heated water;

19.    Domestic animal wastes;

20.    Sewage;

21.    Recreational vehicle waste;

22.    Animal carcasses, excluding salmonids;

23.    Food wastes;

24.    Bark and other fibrous materials;

25.    Collected lawn clippings, leaves or branches;

26.    Silt, sediment, or gravel;

27.    Dyes (except as stated in Section 13.26A.025(C)(1));

28.    Chemicals not normally found in uncontaminated water;

29.    Swimming pool water;

30.    Water discharged during water well disinfection;

31.    Potable water;

32.    Potable water line flushing; and

33.    Any hazardous material or waste not listed above.

“County” means the municipality of Clark County.

“Director” means the director of the Clark County department of environmental services, other department directors specified in enforcement procedures established pursuant to this chapter, or any duly authorized representatives of such directors.

“Discharge” means to throw, drain, release, dump, spill, empty, emit or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.

“Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting or processing timber, as defined in Chapter 222-16 WAC.

“Groundwater” means water in a saturated zone or stratum beneath the surface of land or below a surface water body.

“NPDES (National Pollutant Discharge Elimination System) permit” means an authorization, license, or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program under the Clean Water Act.

“Person” means an individual, their agents or assigns; municipality; political subdivision; government agency; partnership; corporation; business; or any other entity.

“Source control BMP” means a BMP intended to prevent contaminants from entering surface and stormwater and/or groundwater including the modification of processes to eliminate the production or use of contaminants. Source control BMPs can be either structural or nonstructural. Structural source control BMPs involve the construction of a physical structure on-site, or other type of physical modification to a site; for example, building a covered storage area. A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices; for example, using less toxic alternatives to current products or sweeping parking lots.

“State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Washington Administrative Code.

“Stormwater Facility Maintenance Manual” means the January 2009 stormwater facility maintenance manual as maintained by Clark County environmental services.

“Stormwater Management Manual for Western Washington” (SMMWW) means the stormwater manual adopted by the Department of Ecology in February 2005.

“Stormwater Pollution Control Manual—Best Management Practices for Businesses and Government Agencies” or “BMP manual” means the January 2009 stormwater pollution control manual as maintained by Clark County environmental services.

“Surface water and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.

“Treatment BMP” means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include: oil/water separators, biofiltration swales, and wet-settling basins. (Exh. A of Ord. 1998-11-17; amended by Sec. 3 (Exh. B) of Ord. 2000-07-34; amended by Sec. 3 (Exh. 2) of Ord. 2009-01-01; amended by Sec. 1 (Att. A § 2) of Ord. 2011-08-08)