§ 13.50.010. Definitions.

The following words and phrases shall, for the purpose of this chapter, be defined as follows:

A.

"Best management practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or MS4. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

B.

"CASQA" means the California Stormwater Quality Association.

C.

"City" means the City of Calexico.

D.

"Clean Water Act" means the Federal Water Pollution Control Act of 1972, codified at Chapter 26 of Title 33 of the United States Code.

E.

"Construction activity" means any soil disturbing activity that requires a building or grading permit from the city, including, but not limited to, demolition, clearing, grading, paving, stockpiling, and excavating.

F.

"Construction general permit" means the general permit for stormwater discharges associated with construction and land disturbance activities issued by the state board, NPDES No. CAS000002, as it currently exists or may be amended and reissued from time to time. The construction general permit covers, in part, construction activity that results in a land disturbance of equal to or greater than one acre. The construction general permit is available from the state board and may be reviewed on the internet at: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml.

G.

Construction site" means the premises where any project that involves any construction activity is located, including projects requiring coverage under the construction general project.

H.

"Development" means any land disturbing activity that falls under the city's planning or permitting authority, including any construction activity, construction or installation of a building or structure, creation of impervious surfaces; or land subdivision. Development does not include trenching, excavation and resurfacing associated with linear underground/overhead projects; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway.

I.

"Director" means the city public works director, or designee of the public works director or city manager.

J.

"Discharge" means the release, addition or deposit of any fluid, liquid, solid, flowing substance, or any other material or substance to the MS4 or to a location where it may enter the MS4 or a water of the United States or state.

K.

"Enforcement official" means the director or any "enforcement officer" designated pursuant to Section 1.26.020 of this code.

L.

"EPA" means the United States Environmental Protection Agency.

M.

"Hazardous substance" has that meaning set forth in Section 13050 of the California Water Code.

N.

"Illicit connection" means a pipe, drain, open channel, or other conveyance facility, or device, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency.

O.

"Illegal discharge" means any discharge that is either: (1) non-storm water discharge that violates an NPDES permit; or (2) any discharge that causes or contributes or threatens to cause or contribute to a violation of any city order, ordinance, standard or plan. Illicit discharges are further specified in Section 13.50.030 of this chapter.

P.

"Incidental runoff" means an unintended, unanticipated, and infrequent amount (volume) of water discharge from landscape irrigation, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, or if it is due to intentional or grossly negligent overflow or application.

Q.

"Larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

R.

"Linear underground/overhead projects" include, but are not limited to, any conveyance, pipe, or pipeline for the transportation of any gaseous, liquid (including water and wastewater for domestic municipal services), liquiescent, or slurry substance; any cable line or wire for the transmission of electrical energy; any cable line or wire for communications (e.g., telephone, telegraph, radio, or television messages); and associated ancillary facilities.

S.

"MS4" or "municipal separate storm sewer system" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that discharges into waters of the United States and which is owned or operated by the city and designed or used for collecting or conveying storm water.

T.

"National Pollutant Discharge Elimination System permit" or "NPDES permit" means a permit issued by the U.S. EPA, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States and requires the reduction of pollutants in the discharge. The city's NPDES permit is the State Board's Water Quality Order No. 2013-0001-DWQ, NPDES General Permit No. CAS000004, as it currently exists or may be amended and reissued from time to time.

U.

"Non-storm water discharge" means any discharge to the MS4, or to a watercourse, that is not entirely composed of storm water. "Non-storm water discharge" means any discharge to the storm drain system that is not entirely composed of storm water.

V.

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

W.

"Pollutant" means any "pollutant" defined in Section 502(6) of the Clean Water Act or incorporated into the California Water Code Section 13373. "Pollutants may include, but are not limited to, the following:

1.

Artificial materials, chips or pieces of natural or man-made materials (such as floatable plastics, wood or metal shavings);

2.

Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment);

3.

Commercial and industrial waste (such as trash, litter, fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

4.

Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals, such as phosphorus and arsenic;

5.

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

6.

Excessive and particulate materials, eroded soils, sediment;

7.

Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);

8.

Substances having characteristics with a pH less than 6.5 or greater than 8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

9.

Waste materials and wastewater generated on construction sites and by construction activities (such as painting, staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; 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 wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing);

10.

Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

11.

Materials which contain base/neutral or acid extractable organic compounds;

12.

Those pollutants defined in Title 33 U.S. C. Section 1362(6) of the Federal Clean Water Act;

13.

Any other constituent or material that may adversely affect the beneficial uses of the receiving waters, flora or fauna of the state, as determined by the state board or the regional board. The term "pollutant" shall not include uncontaminated storm water runoff, potable water or reclaimed water generated by a lawfully permitted water treatment facility;

X.

"Porter-Cologne Water Quality Control Act" means that act codified at Chapter 1 of Division 7 of the California Water Code.

Y.

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

Z.

"Receiving waters" mean surface water that receives regulated and unregulated discharges from activities on land, including, but not limited to, creeks, streams, rivers, lakes, estuaries, groundwater formations, or other bodies of water into which surface water, treated waste, or untreated waste are discharged.

AA.

"Regional board" means the California Regional Water Quality Control Board, Colorado River Region.

BB.

"Runoff" means water and substances carried in it that drains from the surface of an area of land, premises, a building or structure.

CC.

"State board" means the State Water Resources Control Board.

DD.

"Storm drain system" means any facility within the incorporated areas of the city by which storm water may be conveyed to waters of the United States. Storm drain system includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

EE.

"Storm water" or "storm water runoff" means surface runoff and drainage associated with rain storm or precipitation events.

FF.

"Storm water pollution prevention plan" or "SWPPP" means a document which describes the best management practices to be implemented by the owner or operator of a premises, business, or construction site to eliminate illicit discharges and/or reduce to the maximum extent practicable pollutant discharges to the MS4.

GG.

"Structural control measures" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and runoff.

HH.

"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.

(Ord. No. 1179, § 1, 9-20-17)