Yuba City Municipal Code Art. 2 Definitions

(a) The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this article.

(b) Any term(s) defined in the small MS4 general permit, the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this article shall, when used in this chapter, have the same meaning as set forth in said act or regulation.

(Ord. No. 003-16, § 2, 2-16-2016)

Best management practice (BMP) means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.

(Ord. No. 003-16, § 2, 2-16-2016)

CFR means the Code of Federal Regulations.

(Ord. No. 003-16, § 2, 2-16-2016)

City means the City of Yuba City, its designated representatives, boards, or commissions.

(Ord. No. 003-16, § 2, 2-16-2016)

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

(Ord. No. 003-16, § 2, 2-16-2016)

Commercial means use types that include the distribution, sale and rental of goods, and the provision of services.

(Ord. No. 003-16, § 2, 2-16-2016)

Construction activity means any private and public construction project that involves soil disturbing activities, including, but not limited to, clearing and grubbing, paving, grading, demolition, utility work, disturbances to ground such as stockpiling, and excavation.

(Ord. No. 003-16, § 2, 2-16-2016)

Development means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project, industrial, commercial, retail, transportation, institutional, or other nonresidential project including public agency projects.

(Ord. No. 003-16, § 2, 2-16-2016)

Development runoff requirements means the provisions in the small MS4 general permit that contain design standards or performance criteria to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.

(Ord. No. 003-16, § 2, 2-16-2016)

Director means the Department of Public Works Director or the Director's authorized representative.

(Ord. No. 003-16, § 2, 2-16-2016)

Discharge or discharge of a pollutant means (a) the addition of any pollutant or combination of pollutants to waters of the United States from any point source, or (b) 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, which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

(Ord. No. 003-16, § 2, 2-16-2016)

Enforcement officer means any City employee or agent of the City with the authority to enforce any provision of this chapter and the authority to make any decision on behalf of the Director required or called for by this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)

Erosion and sediment control plan (ESCP) means a plan prepared to control erosion and prevent the discharge of sediment and construction materials from a construction site.

(Ord. No. 003-16, § 2, 2-16-2016)

Garbage means solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(Ord. No. 003-16, § 2, 2-16-2016)

Hazardous materials means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the environment.

(Ord. No. 003-16, § 2, 2-16-2016)

Illegal discharge or illicit discharge means any discharge to a municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term "illegal discharge" includes all non-stormwater discharges not composed entirely of stormwater and discharges that are not exempt from prohibition (Section 4-21.60). The term "illegal discharge" does not include discharges that are regulated by an NPDES permit (other than the small MS4 general permit).

(Ord. No. 003-16, § 2, 2-16-2016)

Illicit connections is defined as either of the following:

(a) Any drain or conveyance, whether on the surface or subsurface which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any collections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

(b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.

(Ord. No. 003-16, § 2, 2-16-2016)

Incidental irrigation runoff means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, is due to excessive application, is due to intentional overflow or application, or is due to negligence.

(Ord. No. 003-16, § 2, 2-16-2016)

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).

(Ord. No. 003-16, § 2, 2-16-2016)

Industrial wastes means the liquid wastes from industrial manufacturing processes, trade, or business.

(Ord. No. 003-16, § 2, 2-16-2016)

Local health officer means the Sutter County Health Officer.

(Ord. No. 003-16, § 2, 2-16-2016)

Low impact development (LID) means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's pre-development runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

(Ord. No. 003-16, § 2, 2-16-2016)

National Pollutant Discharge Elimination System (NPDES) means a discharge permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States.

(Ord. No. 003-16, § 2, 2-16-2016)

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

(Ord. No. 003-16, § 2, 2-16-2016)

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

(Ord. No. 003-16, § 2, 2-16-2016)

Permit registration documents (PRDs) means the application materials required by the State Water Resources Control Board that includes a notice of intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction and Ground Disturbing Activities (Order No. 2009-0009-DWQ as amended, General Permit No. CAS000002) or the General Permit to Discharge Storm Water Associated with Industrial Activities (Order No. 2014-057-DWQ, General Permit No. CAS000001).

(Ord. No. 003-16, § 2, 2-16-2016)

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

(Ord. No. 003-16, § 2, 2-16-2016)

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, concrete rinsates, lime, and asphalt); and noxious or offensive matter of any kind, that is discharged to or placed in such a way as to be carried away by stormwater into the storm drains and watercourses of the City.

(Ord. No. 003-16, § 2, 2-16-2016)

Pollution means any water or other liquids containing wastes or other materials in concentrations sufficient to create a nuisance condition by directly or indirectly altering the waters' chemical, physical, or biological integrity. "Pollution" includes, but is not limited to, any discolored or otherwise aesthetically undesirable waters; waters that are harmful to human life; and wastes that interfere with the beneficial uses of local water courses (agricultural supply; municipal supply; recreation; aesthetic enjoyment; groundwater recharge; preservation and enhancement of fish, wildlife, and other aquatic resources).

(Ord. No. 003-16, § 2, 2-16-2016)

Porter-Cologne Act means the California Porter-Cologne Water Quality Control Act and as amended (California Water Code § 13000 et seq.).

(Ord. No. 003-16, § 2, 2-16-2016)

Post-construction measure requirements means the requirements of provision E.12 of the small MS4 general permit that contain design standards or performance criteria to address the post-construction phase impacts of new projects and redeveloped projects on stormwater quality and quantity.

(Ord. No. 003-16, § 2, 2-16-2016)

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

(Ord. No. 003-16, § 2, 2-16-2016)

Receiving water limitation means site-specific interpretations of water quality standards from applicable water quality control plans.

(Ord. No. 003-16, § 2, 2-16-2016)

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

(Ord. No. 003-16, § 2, 2-16-2016)

Responsible person means the owner or occupant of any premises or who engages in any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the City's stormwater system.

(Ord. No. 003-16, § 2, 2-16-2016)

Rubbish means any and all solid waste materials, including, but not limited to, paper, rags, bottles, cans, glass, boxes, packing material, trimmings from lawns, trees and gardens, magazines, books, ashes, and construction debris.

(Ord. No. 003-16, § 2, 2-16-2016)

Sewage means a combination of the municipal wastewater from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

(Ord. No. 003-16, § 2, 2-16-2016)

Small MS4 General Permit means the NPDES general stormwater permit applicable to the City of Yuba City, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.

(Ord. No. 003-16, § 2, 2-16-2016)

Spill means any leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency.

(Ord. No. 003-16, § 2, 2-16-2016)

Storm drain system or storm drain includes but is not limited to those publicly owned stormwater drainage conveyance facilities within the City by which stormwater may be collected and/or conveyed to the waters of the United States, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR 122.2 or privately owned facilities outletting to waters of the United States or connected to the City storm drain system.

(Ord. No. 003-16, § 2, 2-16-2016)

Stormwater means stormwater runoff, surface flow and runoff, and drainage consisting entirely of water from weather events such as rain, snow, sleet, or hail.

(Ord. No. 003-16, § 2, 2-16-2016)

Stormwater facilities operation and maintenance plan means a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.

(Ord. No. 003-16, § 2, 2-16-2016)

Stormwater management facility means any device designated to detain, retain, filter, or infiltrate stormwater.

(Ord. No. 003-16, § 2, 2-16-2016)

Stormwater pollution prevention plan (SWPPP) means a plan to identify sources of pollutants that affect the quality of stormwater discharges and describes and ensures the implementation of practices to reduce pollutants in stormwater discharges.

(Ord. No. 003-16, § 2, 2-16-2016)

Urban runoff means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters.

(Ord. No. 003-16, § 2, 2-16-2016)

Urbanized area means a densely settled core of census tracts and/or census blocks that have a population of at least 50,000, along with adjacent territory containing non-residential urban land uses as well as territory with low population density included to link outlying densely settled territory with the densely settled core.

(Ord. No. 003-16, § 2, 2-16-2016)

Watercourse means a channel, ditch, drainage swale, closed pipe system, whether manmade or natural, or depression in which a flow of water occurs, either continuously or intermittently.

(Ord. No. 003-16, § 2, 2-16-2016)

Waters of the United States means surface watercourses and water bodies as defined within 40 CFR 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

(Ord. No. 003-16, § 2, 2-16-2016)