The following definitions shall have the meanings described
herein:
"Authorized inspector"
means the director of public works and persons designated
by and under his/her instruction and supervision, who are assigned
to investigate compliance with, detect violations of and/or take actions
pursuant to this chapter.
"City"
means the city of Fountain Valley, Orange County, California.
"Co-permittee"
means the county of Orange, the Orange County flood control
district, and/or any one of the thirty-one municipalities, including
the city of Fountain Valley, which are responsible for compliance
with the terms of the NPDES permit.
"DAMP"
means the Orange County Drainage Area Management Plan, as
the same may be amended from time to time.
"Development project guidance"
means DAMP Chapter VII and the appendix thereto, entitled
Best Management Practices for New Development Including Non-Residential
Construction Projects, as the same may be amended from time to time.
"Discharge"
means any release, spill, leak, pump, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping
or disposal of any liquid, semisolid or solid substance.
"Discharge exception"
means the group of activities not restricted or prohibited
by this chapter, including only:
Discharges composed entirely of stormwater; discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; discharges to the stormwater drainage system from potable water line flushing, firefighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); discharges from potable water sources, water wells, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges authorized pursuant to a permit issued under Section 14.40.110; discharges allowable under the domestic sewage exception; discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge; and discharges authorized pursuant to federal or state laws or regulations.
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In any action taken to enforce this chapter, the burden shall
be on the person who is the subject of such action to establish that
a discharge was within the scope of this discharge exception.
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"Domestic sewage exception"
means discharges which are exceptions to this chapter and
excluded from the definition of prohibited discharge, as defined herein,
including only:
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Discharges composed entirely of accidental spills of untreated
sanitary wastes (commonly called domestic sewage) and other wastes,
but limited solely to wastes that are controlled by and are within
publicly owned wastewater treatment system collection facilities immediately
prior to the accidental spill.
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"Enforcing attorney"
means the city attorney or district attorney acting as counsel
to the city of Fountain Valley and his/her designee, which counsel
is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the district attorney and/or
city attorney, or his/her designee, shall act as the enforcing attorney.
"EPA"
means the Environmental Protection Agency of the United States.
"Hearing officer"
means the city manager or his/her designee, who shall preside
at the administrative hearings authorized by this chapter and issue
final decisions on the matters raised therein.
"Illicit connection"
means any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant
to the stormwater drainage system occurs or may occur. The term illicit
connection shall not include legal nonconforming connections or connections
to the stormwater drainage system that are hereinafter authorized
by the agency with jurisdiction over the system at the location at
which the connection is made.
"Invoice for costs"
means the actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to Section
14.40.050 of this chapter, or where a notice of noncompliance, administrative compliance order or other enforcement option under Section
14.40.060 of this chapter is utilized to obtain compliance with this chapter.
"Legal nonconforming connection"
means connections to the stormwater drainage system existing
as of the adoption of the ordinance codified in this chapter that
were in compliance with all federal, state and local rules, regulations,
statutes and administrative requirements in effect at the time the
connection was established.
"New development"
means all public and private residential (whether single
family, multi-unit or planned unit development), industrial, commercial,
retail, and other nonresidential construction projects, or grading
for future construction, for which either a discretionary land use
approval, grading permit, building permit or nonresidential plumbing
permit is required.
"Nonresidential plumbing permit"
means a plumbing permit authorizing the construction and/or
installation of facilities for the conveyance of liquids other than
stormwater, potable water, reclaimed water or domestic sewage.
"NPDES permit"
means the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region,
which permit(s) establishes waste discharge requirements applicable
to stormwater runoff in the city.
"Person"
means any natural person as well as any corporation, partnership,
government entity or subdivision, trust, estate, cooperative association,
joint venture, business entity, or other similar entity, or the agent,
employee or representative of any of the above.
"Pollutant"
means any liquid, solid or semisolid substances, or combination
thereof, including and not limited to:
(1)
Artificial materials (such as floatable plastics, wood products
or metal shavings);
(2)
Household waste (such as trash, paper and plastics; cleaning
chemicals; yard wastes; animal fecal materials; used oil and fluids
from vehicles, lawn mowers and other common household equipment);
(3)
Metals and nonmetals, including compounds of metals and nonmetals
(such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,
phosphorus and arsenic), with characteristics which cause an adverse
effect on living organisms;
(4)
Petroleum and related hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants and grease);
(5)
Animal wastes (such as discharge from confinement facilities,
kennels, pens and recreational facilities, including stables, show
facilities, or polo fields);
(6)
Substances having a pH less than 6.5 or greater than 8.6, or
unusual coloration, turbidity or odor;
(7)
Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use
of sealants and glues; use of lime; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use
of concrete detergents; steam cleaning or sand blasting; use of chemical
degreasing or diluting agents; and use of super chlorinated water
for potable water line flushing);
(8)
Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total organic carbon;
(9)
Materials which contain base/neutral or acid extractible organic
compounds;
(10)
Those pollutants defined in Section 1362(6) of the Federal Clean
Water Act; and
(11)
Any other constituent or material, including but not limited
to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus
or enterococcus, or eroded soils, sediment and particulate materials,
in quantities that will interfere with or adversely affect the beneficial
uses of the receiving waters, flora or fauna of the state.
"Prohibited discharge"
means any discharge which contains any pollutant, from public
or private property to (1) the stormwater drainage system; (2) any
upstream flow, which is tributary to the stormwater drainage system;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo,
wetlands area, marsh, coastal slough; or (4) any coastal harbor, bay,
or the Pacific Ocean. The term prohibited discharge shall not include
discharges allowable under the discharge exception.
"Significant redevelopment"
means the rehabilitation or reconstruction of public or private
residential (whether single-family, multiunit or planned unit development),
industrial, commercial, retail or other nonresidential structures,
for which either a discretionary land use approval, grading permit,
building permit or nonresidential plumbing permit is required.
"State general permit"
means either the state general industrial stormwater permit
or the state general construction permit and the terms and requirements
of either or both. In the event the U.S. Environmental Protection
Agency revokes the in-lieu permitting authority of the State Water
Resources Control Board, then the term state general permit shall
also refer to any EPA-administered stormwater control program for
industrial and construction activities.
"Stormwater drainage system"
means street gutter, channel, storm drain, constructed drain,
lined diversion structure, wash area, inlet, outlet or other facility,
which is a part of or tributary to the county-wide stormwater runoff
system and owned, operated, maintained or controlled by county of
Orange, the Orange County Flood Control District or any co-permittee
city, and used for the purpose of collecting, storing, transporting
or disposing of stormwater.
(Ord. 1265, 1997)