§ 5-10.103. Definitions.

The following words and phrases used in this chapter shall have the definitions assigned below, unless otherwise specified. Words and phrases used in this chapter and not otherwise defined shall be interpreted as defined in the regulations of the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act in the State Water Code.

(a)

"Applicant" means any person who submits an application for a permit pursuant to this chapter.

(b)

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the pollution of the receiving waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage as set forth in the California Storm Water Quality Association Storm Water Best Management Practice Handbooks for Municipal, Industrial and Commercial, and Construction and New Development and Redevelopment, and such other practices as the City may specify from time to time to prevent, control or reduce the discharge of pollutants directly or indirectly to City's MS4.

(c)

"CFR" means Code of Federal Regulations.

(d)

"City" means the City of Modesto.

(e)

"City Engineer" means the City engineer or his/her designee(s) including, but not limited to enforcement officers authorized by the City Engineer.

(f)

"City specifications" means the City Improvement Standards, City Standard Construction Specifications and other standards included in applicable City ordinances, regulations, manuals, and guidelines as amended from time to time.

(g)

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California.

(h)

"Clearing and grubbing" means moving or removing by manual or mechanical means trees, vegetation, and/or the top four (4) inches or greater of soil for purposes of construction. Clearing and grubbing does not include lawn mowing or tree trimming.

(i)

"Compaction" means the act of compacting or consolidating soil and rock material to specified density, and the resulting compacted state of the material.

(j)

"Construction site" means any land area on which the activity of clearing and grubbing, grading, excavating, filling, construction or development activity is occurring.

(k)

"Council" means the City Council of the City of Modesto.

(l)

"Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project, industrial, commercial, retail, and all other nonresidential projects, public or private, or grading for future construction, for which either discretionary land use approval or any permit is required.

(m)

"Director" means the Public Works Director or his/her designee(s) including, but not limited to enforcement officers authorized by the Director.

(n)

"Discharge" means any release, spill, leak, pumping, flow, escape, leaching, including subsurface migration to groundwater, dumping, or disposal of any gas, liquid, semi-solid, or solid substance, whether accidental or intentional.

(o)

"Discharger" shall mean any person causing or permitting a discharge or having control or ownership over property from which a discharge issues.

(p)

"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

(q)

"Erosion" means the transport of the ground surface or soil as a result of the movement of the wind or water.

(r)

"Erosion control measures" means seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering, and other measures which control the movement of the ground surface or soil.

(s)

"Grade" is the elevation of the ground surface as measured from a known vertical control.

(t)

"Grading" includes the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations, performed by or controlled by human activity involving physical movement of rock or soil.

(u)

"Hazardous substances" means those materials listed in Title 40 of the Code of Federal Regulations (40 CFR) Part 117 and/or 40 CFR Part 302 and/or Division 20 of the California Health and Safety Code.

(v)

"Illicit connection" means any physical connection to the City's MS4 which has not been permitted by the City, or any physical surface or subsurface condition of property through which the discharge of any pollutant to the MS4 may occur.

(w)

"Illicit discharge" means any discharge to the City's MS4, or an upstream flow tributary to the MS4, that is not composed entirely of storm water runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit, or other regulatory requirement issued pursuant to the Porter-Cologne Water Quality Control Act if an NPDES permit is not required or applicable. Illicit discharges include, but are not limited to:

(1)

Sewage overflows;

(2)

Discharges of wash water resulting from the hosing or cleaning of gas stations, vehicle repair services, or other types of automotive service facilities;

(3)

Discharges resulting from storage, cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, and port-a-potty servicing, etc.;

(4)

Discharges of wash water from mobile operations such as mobile vehicle washing, steam cleaning, power washing, and carpet cleaning, etc.;

(5)

Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, and commercial areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.;

(6)

Discharges of runoff from material storage areas containing equipment, chemicals, fuels, grease, oil, or other hazardous materials;

(7)

Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water;

(8)

Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes;

(9)

Discharges of food-related wastes (e.g., grease, fish processing, swill, and restaurant kitchen mat and trash bin wash water, etc.);

(10)

Discharge of runoff from the washing of toxic materials from paved or unpaved areas; and

(11)

Discharge of material such as litter, landscape debris, construction debris, or any pesticides.

(x)

"Local Storm Water Pollution Prevention Plan (local SWPPP)" means a subset of the state required SWPPP for projects that will result in soil disturbance of one acre or greater or are located within, directly adjacent to, or discharge directly to an environmentally sensitive area. A local SWPPP should contain the following:

(1)

Vicinity map showing roadways, construction site perimeter, and geographical and topographical features;

(2)

Signed statement that BMPs will be installed, monitored, and maintained properly;

(3)

Site map showing applicable construction site conditions (drainage pattern, impervious areas, BMP locations, etc.);

(4)

Description of erosion and sediment control BMPs as well as source and treatment control BMPs as applicable; and

(5)

Contact information of person responsible for implementing the local SWPPP.

(y)

"Municipal NPDES permit" means a NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm drain system to a water of the United States.

(z)

"Municipal separate storm drain (MS4)" means a conveyance or system of conveyances owned, operated or controlled by the City designed or used to convey storm water to waters of the United States. City's MS4 includes, but is not limited to, rockwells, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains.

(aa)

"National Pollutant Discharge Elimination System (NPDES) permit" shall mean a discharge permit issued by the State Water Resources Control Board, Regional Water Quality Control Board, or the U.S. Environmental Protection Agency, in compliance with Section 402(p) of the Federal Clean Water Act.

(bb)

"Non-commercial vehicle washing" means the washing and rinsing of passenger vehicles on private property in which no commercial for profit enterprise is being conducted in the washing of those vehicles.

(cc)

"Non-storm water discharge" means any discharge to the City's MS4 that is not entirely composed of storm water made pursuant to an NPDES permit.

(dd)

"Notice of intent" is the formal notification to the Regional Water Quality Control Board or State Water Resources Control Board by the applicant that either a construction or industrial activity will occur in compliance with the conditions of a general permit issued by the applicable agency.

(ee)

"NPDES general construction permit" means general permit no. CAS000002 issued by the State Water Resources Control Board and any future changes or amendments subsequent thereto, or any other general permit issued by the State Water Resources Control Board, Regional Water Quality Control Board, or U.S. Environmental Protection Agency that regulates discharges of storm water and authorized non-storm water discharges to surface waters associated with construction activity including clearing, grading, and excavation that result in land disturbance of equal to or greater than one (1) acre or is part of a larger common plan development or sale.

(ff)

"NPDES general industrial permit" means general permit no. CAS000001 issued by the State Water Resources Control Board and any future changes or amendments subsequent thereto, or any other general permit issued by the State Water Resources Control Board, Regional Water Quality Control Board, or U.S. Environmental Protection Agency that regulates storm water discharges and authorized non-storm water discharges from specific categories of industrial facilities identified within the permit, storm water discharges and authorized non-storm water discharges from facilities as designated by the Regional Water Quality Control Board, and storm water discharges and authorized non-storm water discharges from other facilities seeking general permit coverage, excluding construction activities.

(gg)

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, city, county, special district, state or federal governmental entity, joint venture, estate, cooperative association, company or other entity, or the agent, employee or representative of any of them, which is recognized by law as the subject of rights or duties.

(hh)

"Pollutant" means those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Pollutant also means hazardous substances defined in Section 13050(p) of the California Water Code, and any contaminant which can degrade the quality of the receiving waters by altering pH, total suspended or settleable solids, biochemical oxygen demand, chemical oxygen demand, nutrients, or temperature, including, but not limited to:

(1)

Artificial materials, chips or pieces of natural or man-made materials (including, but not limited to floatable plastics, wood or metal shavings);

(2)

Household waste (including, but not limited to trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment);

(3)

Metals (including, but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium) and non-metals (including, but not limited to phosphorus and arsenic);

(4)

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

(5)

Soil, sediment and particulate materials;

(6)

Animal waste (including, but not limited to discharge from confinement facilities, kennels, pens, recreational facilities, stables, show facilities, and polo fields);

(7)

Substances having characteristics such as a pH less than five (5) or greater than eight and one-half (8.5) or unusual coloration, or turbidity, or containing fecal coliform, fecal streptococcus, enterococcus, or other pathogens;

(8)

Waste materials and wastewater generated on construction sites and by construction activities (including, but not limited to 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 cutting slurry wastes, and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical decreasing or diluting agents; and super chlorinated water generated by potable water line flushing);

(9)

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

(10)

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

(ii)

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

(jj)

"Runoff" is surface runoff and drainage related to storm events, snow melt, street wash waters related to street cleaning or maintenance and other non-storm waters introduced into the storm drain system.

(kk)

"Sediment" means soil or earth material deposited by water.

(ll)

"Sediment control measures" means dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures which control sediment.

(mm)

"Significant redevelopment" means the creation or addition of at least five thousand (5,000) square feet of impervious surfaces on an already developed site.

(nn)

"Site" means a parcel or parcels of real property owned by one (1) or more than one (1) person on which activity regulated by this chapter is occurring or is proposed to occur.

(oo)

"Slope" is an inclined ground surface the inclination of which is expressed as a percent.

(pp)

"Storm water" or "stormwater" means water that originates from atmospheric moisture (rainfall, hail, snow or snow melt) that falls onto land, water or other surfaces, and any surface flow, runoff or drainage associated with such atmospheric events.

(qq)

"Storm Water Management Plan (SWMP)" is a management program mandated in 40 CFR 122.6(d)(2)(iv) as set forth in the City's NPDES permit, describing the framework for management of storm water discharges during the term of the NPDES permit.

(rr)

"Storm Water Pollution Prevention Plan (SWPPP)" is a plan required by the State Water Resources Control Board, Regional Water Quality Control Board, or U.S. Environmental Protection Agency which sets forth the site map, identifies the activities that have the potential to pollute storm water which may enter the City's MS4, describes the proposed BMPs to be implemented by the discharger, and contains a description of any other requirement the State Water Resources Control Board, Regional Water Quality Control Board, or U.S. Environmental Protection Agency requires the discharger to list in the facilities SWPPP.

(ss)

"Storm water runoff" means surface runoff and drainage of storm water.

(tt)

"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground.

(uu)

"Uncontaminated pumped groundwater" is groundwater that does not cause or contribute to the exceedence of an adopted water quality standard.

(vv)

"Watercourse" means a river, stream, creek, basin, lake, pond, waterway, or channel, natural or manmade, having a defined bed and banks. Whenever a watercourse consists of an ordinary channel, and in addition thereto, an overflow channel, the watercourse shall be deemed to include all property lying between the banks of the overflow channel.

(ww)

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

(xx)

"Waters of the United States or waters of the U.S." means:

(1)

All waters which 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 of which would affect or could affect interstate or foreign commerce including any such waters:

(i)

Which are or could be used by interstate or foreign travelers for recreational or other purposes;

(ii)

From which fish or shell fish are or could be taken and sold in interstate or foreign commerce; or

(iii)

Which are used or could be used for industrial purposes of 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 subsections (xx)(1) through (xx)(4) of this section;

(6)

The territorial sea; and

(7)

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

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of Clean Water Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which 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 Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Notwithstanding the definition incorporated herein, all interpretations, changes and amendments to such definition shall be made in accordance and consistent with 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, and 401.

(yy)

"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs and marshes.

(Ord. 3355, § 1, effective 10-8-04)