§ 98-203. Definitions.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and that are not specifically defined in this chapter, shall, when used in this article, have the same meaning as set forth in such act or regulations.

As used in this article, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

Administrator means the city's general services director and his or her designees.

Basin plan means the water quality control plan for Basin 5A and 5B, adopted by the Regional Water Quality Control Board, Central Valley Region in July 1975, and all subsequent amendments.

Best management practices (BMP) means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. BMPs shall also be defined to include structural controls, treatment controls, training requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. BMPs may be established by the administrator for a particular individual business or industry type which shall be implemented by the owner or operator of a business.

Business means any commercial/industrial/retail business, enterprise, trade, service, calling, vocation, profession, or any means of livelihood whether or not carried on for gain or profit.

City means the City of Citrus Heights.

City manager means the city manager of the city, or his or her authorized designee.

Commercial and industrial facilities mean commercial and industrial facilities regulated pursuant to the commercial/industrial program requirements specified in Order 2016-0040.

City stormwater conveyance system means those public and natural facilities within the jurisdiction of the city which are owned, operated, maintained or controlled by the city by which stormwater may be conveyed to waters of the United States, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains. The city stormwater conveyance system includes natural creeks and small streams which are also defined as receiving waters by the municipal stormwater permit.

Council means the city council of the City of Citrus Heights.

County means the County of Sacramento.

Development means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Discharge means the release or placement of any material into the city stormwater conveyance system, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

Discharger means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other pollutant into the city stormwater conveyance system or receiving waters.

Employee training program means a documented employee training program that a business may be required to implement pursuant to a stormwater pollution prevention plan for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system.

Hydromodification means the change in runoff characteristics from a watershed caused by changes in land use conditions (i.e., urbanization, dam construction, etc.). Hydromodification results in an artificially altered rate of natural channel erosion and sedimentation processes.

Illicit connection means any physical connection to the city stormwater conveyance system which is not expressly authorized by the city.

Implementing agency means the department of general services or any other city department authorized to enforce compliance with this chapter. If the city council and the governing body of another public agency enter into an agreement authorizing that agency to administer and/or enforce some or all of the provisions of this chapter, "implementing agency" also shall mean the agency designated in the agreement as the agency responsible for administering and enforcing the provisions of this chapter, as provided in the agreement.

Industry or industrial activity means any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a non-profit corporation as defined by the State of California.

Low impact development (LID) means a stormwater management and land development strategy that emphasizes conservation and the use of existing natural site features integrated with small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

Material means any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

Municipal stormwater permit means NPDES permit Nos. CA0082597 and CAS082597, together with all amendments and renewals, issued by the regional board to the County and the cities of Citrus Heights, Elk Grove, Folsom, Galt, Rancho Cordova, and Sacramento.

National pollution discharge elimination system permit or NPDES permit means a permit issued by either the regional board or the state water resources board pursuant to Article 5.5 (commencing with section 13370) of division 7 of the Water Code to control discharges from point sources to waters of the United States.

Natural surface water means creeks, natural ponds or lakes, wetlands, the Sacramento River, or navigable waters of the Delta and shall include any Waters of the United States contained within the boundaries of the state. Natural surface waters does not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other manmade body of water.

Nonstormwater discharge shall mean any discharge to the city stormwater conveyance system or directly to natural surface waters which did not originate as surface runoff and drainage from storm events and snow melt, but essentially resulted from human activities, or materials or processes under a person's control. Nonstormwater discharges include but are not limited to discharges of: (1) water that has been used by a person for any purpose such as cleaning, rinsing, cooling, irrigation, aquaculture, recreation, cooking, and industrial processes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other manmade apparatus; or (3) any discharge of materials or wastes other than water.

Order 2002-0206 means Regional Water Quality Control Board, Central Valley Region Order No. R5-2002-0206, which constitutes NPDES Permit No. CAS082597, together with all amendments and renewals, on file in the office of the city clerk.

Order 2016-0040 means Regional Water Quality Control Board, Central Valley Region Order No. R5-20162016-0040, which constitutes NPDES Permit No. CAS0085324, together with all amendments and renewals.

Person means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

Plan standard means any or all applicable requirements of the basin plan or any other water quality control standard or requirement approved by the Regional Water Quality Control Board, Central Valley Region, the State Water Resources Control Board or the federal Environmental Protection Agency that applies to any of the receiving waters.

Pollutant means any contaminant or other substance which, as determined by the administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to exceed receiving water limitations defined in the municipal stormwater permit, or any successor section, or otherwise cause a violation of the municipal stormwater permit. Pollutant may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in section 1362(6) of the Federal Clean Water Act.

Potential user/discharger means any person who by nature of the enterprise, activity or industry in which such person is engaged, or by the use, possession or ownership of specified types of equipment, is determined by the administrator to generate or have the capacity to generate wastes or wastewater which have significant potential to be discharged to the city stormwater conveyance system.

Premises means any building, lot, parcel or land, or portion thereof, whether improved or unimproved.

Prohibited nonstormwater discharge means any nonstormwater discharge to the city stormwater conveyance system which is not otherwise specifically authorized by this article, the regional board, state or federal law, or an NPDES permit.

Receiving water limitations means those restrictions defined and listed in the municipal stormwater permit or any successor section.

Receiving waters means surface bodies of water, as defined by the municipal stormwater permit, including, but not limited to, creeks and rivers, which serve as discharge points for the city stormwater conveyance system.

Regional board means the California Regional Water Quality Control Board, Central Valley Region.

Sacramento Stormwater Quality Design Manual means the latest edition of the Stormwater Quality Design Manual developed by the Sacramento Stormwater Quality Partnership, which includes details of the post construction stormwater quality requirements and the associated design criteria. The Design Manual will aid with the selection, siting, design, operation and long-term maintenance of stormwater quality and quantity control measures.

Significant industrial activity means any industrial activity, individual industrial facility, or class of industrial facilities which is determined by the administrator to discharge or have the potential to discharge pollutants into stormwater, or non stormwater in quantities or concentrations which may cause exceedance of receiving water limitations, or for which a requirement has been imposed by the state or federal government on the city to conduct stormwater regulatory activities focused on the facility or activity.

Significant redevelopment means the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint, or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces.

Source control measure means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

Specific performance requirements means standards adopted by the city that define required conditions or results regarding the elimination of nonstormwater discharges or the control of pollutants in stormwater from specified sources.

State construction general permit means the State Water Resources Control Board's Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 Waste Discharge Requirements (WDRS) for Discharges of Storm Water Runoff Associated with Construction Activity, and any successor documents.

State industrial general permit means the State Water Resources Control Board's "Water Quality Order No. 97-03-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities" and any successor documents.

Stormwater means surface runoff and drainage resulting from storm events and snow melt.

Subject activity means any industrial activity which is determined by the administrator to discharge or have the potential to discharge pollutants into stormwater or nonstormwater in quantities or concentrations which may exceed receiving water limitations.

Stormwater conveyance system means those artificial and natural facilities within the city, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

Stormwater pollution prevention plan (SWPPP) means a document that describes the best management practices to be implemented by the owner or operator of a business to eliminate prohibited non-stormwater discharges and/or reduce to the maximum extent practicable pollutant discharges to the stormwater conveyance system.

Treatment control measures means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

Threatened prohibited nonstormwater discharge means any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the administrator to be a condition which results in a substantial likelihood of a future prohibited discharge.

Unmitigated stormwater pollutant source means any existing condition that if left unmitigated is reasonably likely, as determined by the administrator, to result in a discharge of pollutants in stormwater that will cause or contribute to an exceedance of receiving water limitations, harm or interfere with the city stormwater conveyance system, or otherwise pose a threat to public health and safety.

User means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the city stormwater conveyance system.

Watercourse means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs, and rivulets.

Waters of the United States has the same meaning as set forth in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provision.

Waters of the state means any surface water or groundwater, including saline waters, within the boundaries of the state.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 9, 7-12-2018)