Chapter 13.05
DEFINITIONS
Sections:
13.05.010 Purpose and applicability.
13.05.010 Purpose and applicability.
The purpose of this chapter is to provide a primary source for the definition of terms used in EWMC Titles 13, 15, 16, 17, and 18. The definitions herein are applicable to those titles within the context of their use. These definitions do not supersede or replace the definitions of other terms found in the enumerated titles. (Ord. 10-05 § 3 (App. A), 2010; Ord. 09-14 § 4 (App. A), 2009)
13.05.020 Definitions.
A. “A” Definitions.
1. “All known, available, and reasonable” (“AKART”) means methods of prevention, control, and treatment, the most current methodology that can be reasonably 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 (BMPs) typically applied to nonpoint source pollution controls are considered a subset of the AKART requirement. The Stormwater Management Manual for Eastern Washington may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for storm water discharges. “AKART” and “best available treatment (BAT)” are roughly equivalent state and federal terms for the same concept.
B. “B” Definitions.
1. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, and structural and/or managerial practices approved by the city that, when used singly or in combination, prevent or reduce the release of pollutants directly or indirectly to storm water, receiving waters or storm water conveyance systems.
C. “C” Definitions.
1. “Certified erosion and sediment control lead (CESCL)” means an individual who is knowledgeable in the principles and practices of erosion and sediment control. The CESCL shall have the skills to assess: the site conditions and construction activities that could impact the quality of storm water; and the effectiveness of erosion and sediment control measures used to control the quality of storm water discharges. The CESCL shall have current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology.
2. “City” means the city of East Wenatchee, Washington, a municipal corporation of the state of Washington, acting by and through its city council, unless such authority shall be delegated to other persons.
3. “Clean Water Act” means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
4. “Common plan of development or sale” means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. Examples include: phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); a development plan that may be phased over multiple years, but is still under a consistent plan of long-term development; and projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining permit requirements.
5. “Construction activity” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more and projects less than one acre that have the potential to discharge runoff to the county’s storm drain system. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
D. “D” Definitions.
1. “Director” means the city of East Wenatchee public works director who is charged with certain duties and responsibilities by this chapter, or any other person the director may appoint.
2. “Discharge” means runoff leaving the premises via overland flow, built conveyance systems, or infiltration facilities. A hydraulic rate of flow, specifically fluid flow; a volume of fluid passing a point per unit of time, commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, gallons per day, or millions of gallons per day.
E. “E” definitions.
1. “Existing condition” means the impervious surfaces, drainage systems, land cover, native vegetation and soils that exist at the site with approved permits and engineering plans when required. If sites have impervious areas and drainage systems that were built without approved permits, then the existing condition is defined as those that existed prior to February 16, 2011. These conditions can be verified by record aerial photography, or other methods.
F. “F” Definitions.
1. “Flow path” means the route that storm water runoff follows between two points of interest.
G. “G” Definitions.
1. “Good housekeeping practices” means simple common sense, best management practices which tend to focus more on the human side versus the technical side. Such activities include but are not limited to waste segregation, preventative maintenance, training and awareness, tidiness and safety.
2. “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
H. “H” Definitions.
1. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly 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 managed.
2. “Hyperchlorinated” means water that contains more than 10 mg/liter of chlorine.
I. “I” Definitions.
1. “Illicit discharge” means any direct or indirect discharge to the municipal separate storm sewer system that is not composed entirely of storm water, except discharges pursuant to a NPDES permit and discharges exempted in EWMC 13.20.050.
2. “Illicit connection” means either of the following:
a. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the city; or
b. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by the city.
3. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and/or a hard surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces that similarly impede the natural infiltration of urban runoff. See also “Nonpollutant generating impervious surfaces (NPGIS)” and “Pollutant generating impervious surfaces (PGIS).”
4. “Industrial activity” means manufacturing, processing or raw materials storage areas at an industrial plant. These activities are subject to NPDES industrial storm water permits as defined in 40 CFR 122.26 (b)(14).
J. “J” Definitions. Reserved.
K. “K” Definitions. Reserved.
L. “L” Definitions.
1. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction associated with stabilization of structures and road construction shall also be considered a land-disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity.
M. “M” Definitions.
1. “Material storage facilities” means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, craters, or other means.
2. “Maximum extent practicable” (“MEP”) refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act, which reads as follows: “Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants.” As an undefined term it is intended to be flexible to allow the development of site-specific conditions based upon the best professional judgment of the regulatory authority. “MEP” means that less effective treatment may not be substituted when it is practicable to provide more effective treatment.
3. “Municipal separate storm sewer system (MS4)” means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city of East Wenatchee and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying sewage.
N. “N” Definitions.
1. “National pollutant discharge elimination system (NPDES) permit” means the national permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
2. “New development” means the conversion of previously undeveloped or pervious surfaces to impervious surfaces and managed landscape areas not specifically exempt. Projects that add new lanes on an existing roadway or otherwise expand the pavement edge are included in the definition of new development.
3. “Nonpollutant generating impervious surfaces (NPGIS)” are considered to be insignificant sources of pollutants in storm water runoff. Roofs that are subject to only atmospheric deposition or normal heating, ventilation, and air conditioning vents are considered NPGIS, unless the roofing material is uncoated metal. The following may also be considered NPGIS: paved bicycle pathways and pedestrian sidewalks that are separated from and not subject to drainage from roads for motor vehicles, fenced fire lanes, infrequently used maintenance access roads, and “in-slope” areas of roads. Sidewalks that are regularly treated with sand, salt or other de-icing/anti-icing agents are not considered NPGIS.
4. “Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.
O. “O” Definitions.
1. “Outfall” means point source as defined in 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances with connect segments of the same stream or other waters of the state and are used to convey water of the state.
2. “Owner, occupier or operator” means any individual, association, organization, partnership, firm, corporation or other entity public or private and acting as with the owner or as the owner’s agent.
P. “P” Definitions.
1. “Person” means any individual, association, organization, partnership, firm, corporation or other entity public or private and acting as either the owner or as the owner’s agent.
2. “Pollutant” means anything which 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, and accumulations, so that same 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; and noxious or offensive matter of any kind.
3. “Pollutant generating impervious surfaces (PGIS)” are surfaces that are considered to be significant sources of pollutants in storm water runoff. Such surfaces include those that are subject to vehicular use, industrial activities, or storage of erodible or leachable materials that receive direct rainfall or run-on or blow-in rainfall. Metal roofs are considered to be PGIS unless coated with an inert, nonleachable material. Roofs that are subject to venting of indoor pollutants from manufacturing, commercial or other operations or processes are also considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled land of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.
4. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Q. “Q” Definitions.
1. “Qualified personnel” means staff members or contractors who have had professional training in the aspects of storm water management for which they are responsible and are under the functional control of the city.
R. “R” Definitions.
1. “Redevelopment” is the replacement or improvement of impervious surfaces on a developed site.
2. “Responsible party” means any individual, partnership, firm, company, corporation, association, governmental entity or any other legal entity; or their legal representatives, agents, or assigns that is named on a storm water maintenance agreement as responsible for the operation and maintenance of one or more storm water BMP.
3. “Runoff” means water that travels across the land surface, or laterally through the ground near the land surface, and discharges to water bodies either directly or through a collection and conveyance system. Runoff includes storm water and water from other sources that travels across the land surface.
S. “S” Definitions.
1. “Start of construction” means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
2. “Storm drainage system” means privately or publicly owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
3. “Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage and interflow.
4. “Stormwater Management Manual for Eastern Washington” means the technical manual (Publication No. 04-10-076) published by the Department of Ecology in September 2004 or latest edition thereof including any amendments by the Washington State Department of Ecology.
5. “Storm water management plan (SWP)” means a document which describes the best management practices and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or waters of the state to the maximum extent practicable.
6. “Storm water management program” means a set of actions and activities designed to reduce the discharge of pollutants from the regulated small MS4 to the maximum extent practicable and to protect water quality, and comprising the components listed in S5 or S6 of the NPDES Phase II permit and any additional actions necessary to meet the requirements of applicable TMDLs.
7. “Storm water pollution prevention plan (SWPPP)” means a detailed plan that identifies potential sources of pollution and describes the practices that will be used to prevent storm water pollution. These should include erosion and sediment control, good housekeeping, conservation techniques, and infiltration practices. The plan shall identify procedures that shall be implemented and maintained throughout construction.
T. “T” Definitions.
1. “Total maximum daily load” (“TMDL”), also known as a “water cleanup plan.” A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation shall include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
U. “U” Definitions.
1. “Underground injection control” (“UIC”) means the federal regulatory program established to protect underground sources of drinking water from UIC well discharges. A UIC well is defined as a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or a dug hole whose depth is greater than the largest surface dimension; or an improved sinkhole; or a subsurface fluid distribution system which includes an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground. Examples of UIC wells or subsurface infiltration systems are drywells, drain fields, catch basins, pipe or French drains, and other similar devices that discharge to ground.
V. “V” Definitions. Reserved.
W. “W” Definitions.
1. “Water quality” is a term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
2. “Water quality standards” means the minimum requirements of purity of water for various uses; levels or measures of water quality considered necessary to protect a beneficial use. In Washington State, the Department of Ecology sets water quality standards.
3. “Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW which includes: lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, wetlands, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
X. “X” Definitions. Reserved.
Y. “Y” Definitions. Reserved.
Z. “Z” Definitions. Reserved. (Ord. 10-05 § 3 (App. A), 2010; Ord. 09-14 § 4 (App. A), 2009)