Chapter 13.04


13.04.010    Definitions.

13.04.010 Definitions.

For the purposes of this title, certain words and phrases used herein shall be construed as defined in this chapter. For convenience, simplified explanations of some federal regulatory or statutory definitions have been provided. In the event of a conflict, the definition found in the regulation or statute takes precedence.

Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States or the municipal separate storm sewer system. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

CFR” means the Code of Federal Regulations.

Construction activities” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.

CWA” means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.

Department” means the borough’s department of public works and its employees and agents.

Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or any duly authorized official of said agency or state agency with authority.

Fairbanks Urbanized Area” means the area of the Fairbanks North Star Borough delineated by the U.S. Census Bureau consisting of contiguous, densely settled census block groups and census blocks that meet minimum population density requirements, along with adjacent densely settled census blocks that together encompass a population of at least 50,000 people. The Fairbanks Urbanized Area was named by the Bureau on May 1, 2002 (67 FR 21962).

Illicit discharge” is defined at 40 CFR Section 122.26(b)(2) and refers to any discharge to the MS4 not consisting entirely of storm water unless a specific exception applies to the discharge.

Maximum extent practicable” is the technology-based discharge standard to reduce pollutants in storm water discharges that was established by CWA Section 402(p).

Municipal separate storm sewer system” or “MS4” means the conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (1) owned or operated by the Fairbanks North Star Borough; (2) designed or used for collecting or conveying storm water; (3) which is not a combined sewer; (4) which is not part of a publicly owned treatment works as defined at 40 CFR Section 122.2; and, (5) which discharges to waters of the United States.

National Pollutant Discharge Elimination System” or “NPDES” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402 and 405 of the CWA.

Non-storm water discharge” means any discharge to the MS4 that does not consist entirely of storm water.

NPDES permit” means a permit issued by the EPA or state agency with authority 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.

Permanent storm water control plan” or “PSWCP” means a document that describes the specific BMPs, and maintenance thereof, to be incorporated into the project design to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, governmental entity or any other legal entity.

Pollutant” is defined at 40 CFR Section 122.2. Pollutants may include, but are not limited to: dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste.

Storm water” is defined at 40 CFR Section 122.26(b)(13) and means storm water runoff, snow melt runoff, and surface runoff and drainage.

Storm water pollution prevention plan” or “SWPPP” means a document that describes the BMPs and activities to be implemented during construction by a person or business 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 receiving waters to the maximum extent practicable.

Waters of the United States” means:

1. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

2. All interstate waters, including interstate “wetlands”;

3. All other waters such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:

a. Which are or could be used by interstate or foreign travelers for recreational or other purposes;

b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

c. Which are used or could be used for industrial purposes by industries in interstate commerce;

4. All impoundments of waters otherwise defined as waters of the United States under this definition;

5. Tributaries of waters identified in subsections (1) through (4) of this definition;

6. The territorial sea; and

7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds for steam electric generation stations per 40 CFR Part 423) which also meet the criteria of this definition are not waters of the United States.

Waters of the United States” do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. (Ord. 2016-40 § 63, 2016; Ord. 2009-27 § 3, 2009; Ord. 2008-22 § 4, 2008. 2004 Code § 21.20.010.)