Sec. 34-98. - Definitions.

Except as specifically provided herein, any term used in this article shall be defined as that term is defined in the current city NPDES permit, or in the most recent version of the standard urban storm water mitigation plan ("SUSMP"), ULAR EWMP, or other documents approved by the Los Angeles Regional Water Quality Control Board, State Water Resources Control Board, or if it is not specifically defined in either the city NPDES permit or LARWQCB approved planning documents, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this section conflicts with the definition of the same term in the current city NPDES permit or LARWQCB approved planning document, then the definition contained in the city NPDES permit shall govern and, if not set forth in the city NPDES permit, the definition contained in the ULAR EWMP shall govern. The following words and phrases shall have the following meanings when used in this chapter:

Area susceptible to runoff means any surface directly exposed to precipitation or in the path of runoff caused by precipitation, which path leads off the parcel on which the surface is located.

Automotive service facilities means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539 (as amended).

Best management practices (BMPs) means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems that when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include, but are not limited to public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste-handling and disposal.

Biofiltration means a low impact development (LID) BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental Infiltration and/or evapotranspiration, and filtration. Incidental Infiltration is an important factor in achieving the required pollutant load reduction.

Bioretention means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and Infiltration.

City means the City of San Fernando.

Clean Water Act or CWA means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the Discharge of Pollutants to Waters of the United States unless the Discharge is in accordance with an NPDES permit.

Commercial development means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

Construction means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include: routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work.

Control means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

CSWMP means the countywide stormwater management plan being developed by the permittees under the city NPDES permit.

Development means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development, or mixed-use developments); industrial, commercial, retail and other nonresidential 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.

Directly adjacent means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.

Director means the city's public works director, or his or her designee, and shall be considered the authorized "enforcement officer" of this article of this chapter of the city Code.

Discharge means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.

Discharge of a pollutant means any addition of any "pollutant" or combination of pollutants to "waters of the United States" or "waters of the State" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation. The term "discharge" includes additions of pollutants into waters of the United States from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, city, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

nsportation. The term "discharge" includes additions of pollutants into waters of the United States from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, city, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

Discharging directly means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.

Discretionary project is defined in the same manner as section 15357 of the Guidelines for Implementation of the California Environmental Quality Act contained in Title 14 of the California Code of Regulations, as amended, and means a project that requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

Disturbed area means an area that is altered as a result of clearing, grading, and/or excavation.

Environmentally sensitive area ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and that would be easily disturbed or degraded by human activities and developments (Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as significant ecological areas by the county (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a significant natural area by the State department of fish and game's significant natural areas program, provided that area has been field verified by the State department of fish and game; an area listed in the basin plan as supporting the rare, threatened, or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.

Flow-through BMPs means a modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

Green roof means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface.

Good housekeeping practices means common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to: purchasing only the quantity of materials to be used at a given time; use of alternative and less environmentally harmful products; cleaning up spills and leaks; and, storing materials in a manner that will contain any leaks or spills.

Greater-than-nine unit home subdivision means any subdivision being developed for ten or more singlefamily or multifamily dwelling units.

Hillside means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes.

Infiltration means the downward entry of water into the surface of the soil.

Illicit connection means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

Illicit discharge means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all nonstormwater discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with the city NPDES permit.

Low Impact Development or LID consists of building and landscape features designed to retain or filter stormwater runoff.

Material means any substance, including, but not limited to, 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.

City NPDES permit means the "Waste Discharge Requirements for City Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the Incorporated Cities therein, except the City of Long Beach, which became effective on December 28, 2012, issued by the State regional water quality control board, Los Angeles Region, and any successor permit to that permit.

City separate storm sewer system or MS4 means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

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 CWA Section 307, 402, 318, and 405.

New development means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

Nonstormwater discharge means any discharge to a city stormwater system that is not composed entirely of stormwater.

Parking lot means land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces.

Planning priority projects means those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including:

(1)

All new development projects equal to one acre or greater of disturbed area and adding more than 10,000 square feet of impervious surface area;

(2)

New industrial parks 10,000 square feet or more of surface area;

(3)

New commercial malls 10,000 square feet or more surface area;

(4)

New single-family Hillside homes;

(5)

New streets and roads construction of 10,000 square feet or more of impervious surface area, including standalone streets, roads, highways, freeway projects, and streets within larger projects;

(6)

Ten or more unit homes (includes single-family homes, multifamily homes, condominiums, and apartments);

(7)

One acre or more square feet of impervious surface area industrial/commercial development (including parking area);

(8)

Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539);

(9)

Retail gasoline outlets;

(10)

Restaurants (SIC 5812);

(11)

Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces;

(12)

Redevelopment projects in subject categories that meet redevelopment thresholds;

(13)

Projects located in or directly adjacent to or discharging directly to an ESA that meet the thresholds described herein; and

(14)

Those projects that require the implementation of a site-specific plan to mitigate post development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post-development storm water quality, and where the following project characteristics exist:

a.

Vehicle or equipment fueling areas;

b.

Vehicle or equipment maintenance areas, including washing and repair;

c.

Commercial or industrial waste handling or storage;

d.

Outdoor handling or storage of hazardous materials;

e.

Outdoor manufacturing areas;

f.

Outdoor food handling or processing;

g.

Outdoor animal care, confinement, or slaughter; or

h.

Outdoor horticulture activities.

Pollutant means those pollutants defined in section 502(6) of the federal Clean Water Act (33 USC 1362(6)), or incorporated into Water Code § 13373. Examples of pollutants include, but are not limited to the following:

(1)

Commercial and industrial waste, such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge.

(2)

Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and nonmetals such as phosphorus and arsenic.

(3)

Petroleum hydrocarbons, such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease.

(4)

Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state.

(5)

Animal wastes, such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities.

(6)

Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform or fecal streptococcus or enterococcus.

The term "pollutant" does not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition if, through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent possible. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent possible through compliance with the best management practices available.

Project means all development, redevelopment, and land disturbing activities.

Redevelopment means land disturbing activity that results in the creation, addition or replacement of at least 5,000 square feet of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition:

(1)

The expansion of a building footprint;

(2)

Addition or replacement of a structure;

(3)

Replacement of impervious surface that that is not part of a routine maintenance activity; and

(4)

Land disturbing activities related to structural or impervious surfaces.

Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

Regional board or LARWQCB means the California Regional Water Quality Control, Los Angeles Region.

Restaurant means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC Code 5812).

Retail gasoline outlet means any facility engaged in selling gasoline and lubricating oils.

Routine maintenance means recurring, preventative, and on-going maintenance necessary to delay and/or prevent the failure of critical and non-critical building systems and equipment including, but not limited to the following:

(1)

Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; or

(2)

Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; or

(3)

Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; or

(4)

"Update existing lines" and facilities to comply with applicable codes, standards, and regulations regardless if such Projects result in increased capacity; or

(5)

Repair leaks.

Routine maintenance does not include construction of "new lines" or facilities resulting from compliance with applicable codes, standards and regulations.

"Update existing lines" includes replacing existing lines with new materials or pipes.

"New lines" are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

Runoff means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

Site means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

Source control BMP means any schedule of activities, prohibition 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.

Storm event means a rainfall event that produces more than 0.1 inch of precipitation and that is separated from the previous storm event by at least 72 hours of dry weather.

Stormwater means runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

Stormwater quality design volume or SWQDV means the runoff from either of the following, whichever is greater:

(1)

The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

(2)

The volume of runoff produced from a 0.75 inch, 24-hour rain event.

Stormwater runoff means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semipervious or pervious surfaces.

Structural BMP means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

Treatment means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to: filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

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

Urban runoff means surface water flow produced by nonstormwater resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.

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

Waters of the United States or waters of the U.S. shall be defined as follows:

(1)

All waters that 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 intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction that 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 paragraphs (a) through (d) of this definition;

(6)

The territorial sea; and

(7)

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

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR section 423.22(m) that also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to man-made bodies of water that neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of 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 CWA, the final authority regarding CWA jurisdiction remains with USEPA.

Wet season means the calendar period beginning October 1 through April 15.

(Ord. No. 1642, § 1, 6-15-2015)

Cross reference— Definitions generally, § 1-2.