§ 50-4. Definitions.

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

Certain words and phrases defined in this chapter shall have the meanings set forth herein. Additional defined terms used in this chapter shall have the meanings set forth below unless the context clearly indicates otherwise.

(a)

"Administrator" shall mean the Director of Public Works and his or her designees.

(b)

"Best Management Practices" (BMPs) shall mean schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly into stormwater conveyance systems, receiving waters or natural surface waters. BMPs shall also include structural controls, treatment practices, source controls, training requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

(c)

"Board" shall mean the Board of Supervisors of the County of Butte.

(d)

"County" shall mean the County of Butte.

(e)

"County Storm Drain System" shall mean those public man-made facilities within the unincorporated area of the County that are owned, operated, maintained or controlled by the County by which stormwater may be conveyed to natural surface waters, including, but not limited to, any roads with drainage systems, municipal streets, curbs, gutters, catch basins, water quality basins, detention basins, constructed wetlands, artificial channels, aqueducts, ditches, altered drainage channels, reservoirs, sumps, pumping stations, storm drain inlets, and storm drains.

(f)

"Development" shall mean any activity that moves soils or substantially alters the preexisting vegetated or man-made cover of any land. This includes any activity that may be considered new development or redevelopment consisting of, but not limited to, grading, digging, cutting, scraping, stockpiling or excavating soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed or any activity which exposes soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

(g)

"Discharge" shall mean any release, threatened release, or placement of any material into the County storm drain system or natural surface waters, including, but not limited to, stormwater, wastewater, pollutants, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

(h)

"Discharger" shall mean any person who discharges, or causes a discharge, either directly or indirectly.

(i)

"Illicit Connection" shall mean any physical connection, including but not limited to any drain or conveyance, to the County storm drain system or natural surface waters, which is not expressly authorized by the County.

(j)

"Illicit Discharge" shall mean any direct or indirect non-permitted or non-exempt discharge to the County storm drain system or to the natural surface waters that violates this chapter, or a discharge prohibited by federal, state, or local laws, which tends to degrade the quality of natural surface waters.

(k)

"Industry" or "Industrial Activity" shall mean 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.

(l)

"Hazardous Materials" shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(m)

"Material" shall mean any substance, including but not limited to, raw materials, finished products, garbage and debris, tobacco, paper wastes, 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.

(n)

"Maximum Extent Practicable" shall mean a standard for implementation of stormwater management programs to reduce pollutants in stormwater. It is the maximum extent possible taking into account equitable considerations and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibility.

(o)

"National Pollutant Discharge Elimination System Permit" or "NPDES Permit" shall mean general, group, and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations promulgated pursuant to the Federal Clean Water Act. The Regional Board, as defined below, and the State Board, as defined above, have adopted general stormwater discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

(p)

"Natural Surface Waters" shall mean creeks, natural ponds or lakes, wetlands, rivers, flood diversion channels and irrigation channels and shall include any waters of the state and any waters of the United States contained within the boundaries of the State. Natural Surface Waters shall not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other man-made body of water which do not combine or effect a junction with natural surface waters.

(q)

"Non-Stormwater Discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater.

(r)

"Person" shall mean 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.

(s)

"Pollutant" shall mean the same as defined in Section 502(6) of the Clean Water Act or as incorporated into the California Water Code, Subsection 13373, as such code sections may be amended from time to time. Pollutants include, but are not limited to, the following:

1.

Materials (including, but not limited to, fuels, solvents, chemicals, detergents, plastic pellets, hazardous substances, radioactive wastes, fertilizers, pesticides, paints, soot, slag, ash, sludge);

2.

Metals and non-metals both soluble and insoluble (including, but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium, chlorine, phosphorous, formaldehyde, glutaraldehyde and arsenic);

3.

Petroleum hydrocarbons (including, but not limited to, fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

4.

Eroded soils, sediment, saw cut slurry and wastes and residues that result from constructing a building or structure;

5.

Animal wastes (including, but not limited to, discharge from confinement facilities, kennels, pens, recreational facilities, and stables);

6.

Substances having acidic or corrosive characteristics, unusual coloration or turbidity;

7.

Any domestic or industrial wastewater;

8.

Any hazardous substances.

The term "pollutant" shall not include uncontaminated stormwater, potable water, groundwater or reclaimed water generated by a lawfully permitted water treatment facility.

(t)

"Pollution" shall mean the human-made or human-induced alteration of the quality of waters by pollutants to a degree that causes or contributes to an exceedance of water quality standards contained in the Statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable Regional Water Quality Control Board Basin Plan.

(u)

"Regional Board" shall mean the California Regional Water Quality Control Board, Central Valley Region.

(v)

"State Board" shall mean the State Water Resources Control Board which is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13160 of the California Water Code.

(w)

"Stormwater" or "Storm Water" shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation (such as rain or snow) and resulting from such precipitation.

(x)

"Subject Activities" shall mean any activities, operations, or facilities which discharge or have the potential to discharge pollutants. A subject activity may be stationary or mobile, provided it generates quantities or concentrations that may cause pollution.

(y)

"Threatened Prohibited Discharge" shall mean any condition or activity that 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.

(z)

"Watercourses" shall mean any channel or depression in which a flow of water occurs, either continuously or intermittently, including above-ground portions of the storm drain system.

(aa)

"Waters of the State" shall mean all surface waters specified in 40 Code of Federal Regulations Section 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 or during all times and seasons.

(bb)

"Waters of the United States" shall have the same meaning as set forth in 40 Code of Federal Regulations Section 122.2 or any successor provisions.

(Ord. No. 3981, § 1 (part), 3-11-08)