§ 6-8-301. Definitions.

The following terms, as used in this chapter, shall, unless the text clearly indicates otherwise, have the respective meanings herein set forth:

Authorized Inspector shall mean the Chief Building Official, City Manager, or Director of Community Development, and persons designated and under the instruction and supervision of any of them, who are assigned to investigate compliance and detect violations of this chapter.

Best management practices shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater drainage system. Best management practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this chapter.

BMPs shall mean best management practices.

City shall mean the City of Irvine, Orange County, California.

Co-permittee shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the 26 municipalities, including the City of Irvine, under the jurisdiction of the Regional Water Quality Control Board, Santa Ana Region, which are responsible for compliance with the terms of the NPDES permit.

DAMP shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time-to-time. The Orange County Drainage Area Management Plan is available for review in the Chief Building Official's Office at City Hall during normal working hours.

Director shall mean the Director of Community Development or his or her designated representative.

Discharge shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

Discharge exception shall mean the group of activities not restricted or prohibited by this chapter, including only:

1.

Discharges composed entirely of stormwater;

2.

Discharges that are permitted by the EPA, the State Water Resources Control Board, and/or the Santa Ana Regional Water Quality Control Board, including discharges permitted under the NPDES permit;

3.

Landscape irrigation, lawn garden watering and other irrigation waters;

4.

Air conditioning condensate;

5.

Passive foundation drains;

6.

Passive footing drains;

7.

Water from crawl space pumps;

8.

Dechlorinated swimming pool/spa discharges (cleaning wastewater and filter backwash discharges, however, are prohibited);

9.

Noncommercial vehicle washing;

10.

Diverted stream flows;

11.

Rising groundwaters and natural springs;

12.

Groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;

13.

Flows from riparian habitats and wetlands;

14.

Emergency fire fighting flows (i.e., flows necessary for the protection of life and property). Where reasonably feasible, however, and without interfering with health and safety, the use of BMPs should be considered;

15.

Waters not otherwise containing wastes as defined in California Water Code § 13050(d); and

16.

Other types of discharges identified and recommended by the permittees and approved by the Santa Ana Regional Water Quality Control Board.

The following discharges shall also be considered to be "discharge exceptions" where the stated conditions have been met:

1.

For discharges outside the Newport Bay watershed the de minimus types of discharges listed in the Regional Board's General De Minimus Permit for Discharges to Surface Waters, Order No. R8-2009-0003, NPDES No. CAG 998001 (General De Minimus Permit), shall be in compliance with the terms and conditions of the General De Minimus Permit. Separate coverage under the General De Minimus Permit is not required. For discharges within the Newport Bay watershed, separate permit authorization for these de minimus discharges will be required when the discharges contain selenium, nitrogen or other pollutants at levels of concern as set forth in the General De Minimus Permit.

2.

Discharges from potable water sources, including water line flushing, superchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water: Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters.

3.

Discharges from lawn, greenbelt and median watering and other irrigation runoff from non-agricultural operations. All such discharges shall be minimized, however, through compliance with all applicable water efficiency landscape requirements.

4.

Dechlorinated swimming pool discharges: Dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the municipal separate storm sewer systems.

5.

Construction dewatering wastes: The maximum daily concentration limit for total suspended solids shall not exceed 75 mg/l, sulfides 0.4 mg/l, oil and grease 15 mg/l, total petroleum hydrocarbons 0.1 mg/l.

6.

Discharges from facilities that extract, treat and discharge water diverted from waters of the United States ("US"): These discharges shall meet the following conditions: (1) The discharges to waters of the US must not contain pollutants added by the treatment process or pollutants in greater concentration than the influent; (2) The discharge must not cause or contribute to a condition of erosion; (3) The extraction and treatment must be in compliance with Section 404 of the Clean Water Act; and (4) Monitoring is to be conducted in accordance with all applicable monitoring requirements imposed.

Domestic sewage exception shall mean discharges which are exceptions to this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:

Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.

Effective date shall mean effective date of this chapter.

Enforcing attorney shall mean the City Attorney or District Attorney acting as counsel to the City of Irvine and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the District Attorney and/or City Attorney shall act as the enforcing attorney.

EPA shall mean the Environmental Protection Agency of the United States.

Hazardous material shall mean any substrate that poses a threat to human health or the environment due to its toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity. The term "hazardous material" includes those materials designated by the United States Environmental Protection Agency to be reported if a designated quantity of the material is spilled into waters of the United States or is emitted into the environment.

Hearing officer shall mean the Director of Community Development or his/her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.

Hydrologic Conditions of Concern shall mean a change in land conditions that are anticipated to impact stream channels due to changes in runoff and sediment yield.

Illicit connection shall mean any manmade conveyance or drainage system, pipeline, conduit, inlet or outlet, through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

Invoice for costs shall mean the actual costs and expenses of the City incurred during any inspection conducted pursuant to Section 6-8-304 of this chapter, where a notice of noncompliance, administrative compliance order or other enforcement option under Section 6-8-305 of this chapter is utilized to obtain compliance with this chapter.

Legal nonconforming connection shall mean connections to the stormwater drainage system existing as of the enactment of this chapter that were in compliance with all federal, State and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including, but not limited to, any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to Sections 6-4-301 through 6-4-328 (Chapter 3. "Sewage Disposal") of this Code.

Local implementation plan shall mean the City's plan, as approved by the City Council and as may be amended from time-to-time, which details how the requisite stormwater programs within the DAMP are to be implemented within the City. The local implementation plan is available for review in the Chief Building Official's Office at City Hall during normal business hours.

Low Impact Development or LID shall mean a strategy for land development and redevelopment that seeks to mitigate the impacts of increases in pollution from stormwater/urban runoff. Low Impact Development (LID) involves site design approaches and best management techniques that promote the use of natural, structural and/or non-structural, systems for infiltration, evapotranspiration, reuse, and/or biotreatment of runoff.

Maximum extent practicable shall mean to the maximum extent feasible, taking into account considerations of synergistic, additive, and competing factors, including, but not limited to, the gravity of the problem, technical feasibility, fiscal feasibility, public health risks, societal concerns, and social benefits.

New development shall mean all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other non-residential construction projects, or mass grading for future construction, for which either a discretionary land use permit or grading permit or building and safety permit is required.

NPDES permit shall mean the municipal discharge permit issued by the Santa Ana Regional Water Quality Control Board and entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and The Incorporated Cities of Orange County Within the Santa Ana Region Areawide Urban Stormwater Runoff Orange County Order No. R8-2009-0030 (NPDES No. CAS618030)" (the "Santa Ana Regional Water Quality Control Board Permit"). The Santa Ana Regional Board NPDES permit, as issued in 2009, but as it may be reissued in the future and/or as it may be amended from time-to-time, shall be referred to hereinafter as the "NPDES permit."

Person shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

Pollutant shall mean the following liquid, solid, or semi-solid substances, or combination thereof:

1.

Artificial materials, chips or pieces of natural or manmade 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.

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

4.

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

5.

Excessive eroded soils, sediment and particulate materials;

6.

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

7.

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

8.

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; applications 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);

9.

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

10.

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

11.

Those pollutants defined in 33 USC 1362(6) of the Federal Clean Water Act;

12.

Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.

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

Priority development project shall mean a new development or significant redevelopment project that falls within any of the following categories:

1.

All significant redevelopment projects, where significant redevelopment is defined as projects that include the addition or replacement of 5,000 square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than 50 percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria of required structural BMPs applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition or replacement of more than 50 percent of the impervious surfaces of a previously existing developed site, the numeric sizing criteria of required structural BMPs applies to the entire development.

2.

New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single family home subdivisions, multifamily attached subdivisions (town homes), condominiums, apartments, etc.), mixed-use, and public projects. This category includes development projects on public or private land, which fall under the planning and building authority of the City.

3.

Automobile repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539).

4.

Restaurants (with SIC code 5812) where the land area of development is 5,000 square feet or more, including parking areas.

5.

All hillside developments on 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more.

6.

Developments of 2,500 square feet or more of impervious surface adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas, such as areas designated in the Ocean Plan and areas of special biological significance or waterbodies listed on the Clean Water Act Section 303(d) list of impaired waters.

7.

Parking lots of 5,000 square feet or more of impervious surface exposed to stormwater. Parking lot is defined as a land area or facility for the temporary storage of motor vehicles for the purpose of this section.

8.

Streets, roads, highways and freeways of 5,000 square feet or more of paved surface shall incorporate USEPA guidance, "Managing Wet Weather with Green Infrastructure: Green Streets" in a manner consistent with the maximum extent practicable standard. This category includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes any routine road maintenance activities where the footprint is not changed.

9.

Retail gasoline outlets of 5,000 or more square feet with a projected average daily traffic of 100 or more vehicles per day.

10.

Emergency and public safety projects in any of the above-listed categories may be excluded if the delay caused due the requirement for a WQMP compromises public safety, public health and/or environmental protection.

Private property shall mean any real property, irrespective of ownership, which is not open to the general public.

Prohibited discharge shall mean any discharge which is not composed entirely of stormwater and which contains any pollutant, from public or private property to:

1.

The stormwater drainage system;

2.

Any upstream flow, which is tributary to the stormwater drainage system;

3.

Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or

4.

Any coastal harbor, bay or the Pacific Ocean.

The term "prohibited discharge" shall include, but is not limited to, discharges of sewage, wash water resulting from the hosing or cleaning of gas stations, auto repair garages, and other types of automobile service stations; discharges from the cleaning, repair, or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing and related discharges; wash water for mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, and other such mobile commercial industrial activities; water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards towards outdoor eating or drinking areas and related areas; runoff from material storage areas or uncovered receptacles that contain chemicals, fuels, grease, oil, or other hazardous materials; discharges of runoff from the washing of toxic materials from paved or unpaved areas; discharges of pool or fountain water containing chlorine, biocides, or other chemicals, including pool filter backwash containing debris and chlorine; pet waste, yard waste, litter, debris and settlement and related debris; and restaurant or food processing facility wastes such as grease, floor mat and trash bin wash waters, food waste and similar waste.

The term "prohibited discharge" shall not include:

1.

Discharges occurring in compliance with the NPDES permit;

2.

Discharges occurring pursuant to a State general permit, or any regional water quality control board, State Water Resources Control Board or U.S. Environmental Protection Agency issued permit or permit waiver;

3.

Discharges allowable under the discharge exception; or

4.

Discharges allowable under the domestic sewage exception.

Receiving waters shall mean all waters that are "waters of the State" within the scope of the California Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean, and groundwater.

Responsible party shall mean the person(s) identified in and responsible for compliance with the provisions of a WQMP approved by the City's Community Development Department.

Significant redevelopment shall mean the addition or replacement of 5,000 or more square feet of impervious surface on an already developed site, including adding additional buildings and/or structures, the extension of the existing footprints of the building, as well as the construction of parking lots, and any private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail or other non-residential development, including those significant redevelopment projects undertaken within an existing priority development project.

State general permit shall mean the operative State general industrial stormwater permit or the operative State general construction permit, and the terms and requirements of either or both. In the event EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term "State general permit" shall also refer to any EPA administered stormwater control program for industrial and construction activities.

Stormwater shall mean "storm water" as defined in the federal regulations to the Clean Water Act, 40 CFR 122.26(b)(13), i.e., all "storm water runoff, snow melt runoff and surface runoff and drainage."

Stormwater drainage system shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County-wide stormwater runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

Toxic material shall mean any chemical or mixture that may present an unreasonable risk of injury to health or the environment.

Water quality management plan (WQMP) shall mean a water quality management plan as described in the City's local implementation plan and DAMP, that sets forth proposed BMPs to be developed to control pollutants in stormwater and urban runoff from a new development or significant redevelopment project. The plan may include pollution prevention via site design and routine source control measures to reduce the discharge of pollutants and prevent exceedances of water quality standards, to the maximum extent practicable.

Water quality standards shall mean those water quality objectives and designated beneficial use or uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of the water body or bodies in issue, as adopted by the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board, and included as a part of the operative water quality control plan for the Santa Ana Region (also known as the "basin plan") and/or as a part of any State water quality control plan, such as the Ocean Plan.

(Ord. No. 10-06, § 1, 7-13-10)