§ 6-12.102. Definitions.

Whenever the following terms are used in this chapter, they will have the meaning respectively assigned to them unless another meaning for the word is apparent from the context. The definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. However, the definitions are not intended to narrow the scope of the definitions set forth in Federal, State, or local laws or regulations.

(a)

"Authorized Discharge" means any Discharge that is authorized pursuant to a NPDES Permit, Waste Discharge Requirement, conditional waiver from Waste Discharge Requirements, or meets the conditions set forth is this chapter.

(b)

"Basin Plan" means the Water Quality Control Plan for Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Quality Control Board on June 13, 1994, and subsequent amendments.

(c)

"BMPs" means Best Management Practices that are methods, measures, or practices designed and selected to reduce or eliminate the Discharge of Pollutants to the surface waters from non-point and Point Source Discharges. A BMP may consist of a Structural BMP, Source Control BMP, Treatment Control BMP, a BMP established by California Stormwater Quality Association (CASQA), California Department of Transportation (CalTrans), or approved by the Director of Public Works in accordance with the Clean Water Act, 33 U.S.C. Section 1251 et seq., the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq., and this chapter.

(1)

BMPs for Construction Sites:

(A) Ventura Countywide Stormwater Quality Management Program's Stormwater Pollution Control Objectives for Construction Sites;

(B) Ventura Countywide Stormwater Quality Management Program's Stormwater Pollution Control Guidelines for Construction Sites;

(C) Ventura Countywide Stormwater Quality Management Program's Conditions of Approval for Construction Activities, Projects Under Five (5) Acres;

(D) Ventura Countywide Stormwater Quality Management Program's Conditions of Approval for Construction Activities, Projects Over Five (5) Acres;

(E) Ventura Countywide Stormwater Quality Management Program's Requirements for a Stormwater Pollution Control Plan;

(F) California Stormwater Quality Association Stormwater Best Management Practice Handbook - Construction (2009 or as amended);

(G) Cal Trans Storm Water Quality Handbook;

(H) Ventura County Stormwater Quality Standard Sheet;

(I) Databases administered by the United States Environmental Protection Agency and the American Society of Civil Engineers (ASCE);

(2)

BMP's for Industrial and Commercial Businesses:

(A) California Stormwater Quality Association Stormwater Best Management Practice Handbook Industrial and Commercial (January 2003 or as amended);

(B) Ventura Countywide Stormwater Quality Management Program's Automotive-Related Industries Best Management Practices for Stormwater Pollution Control;

(C) Ventura Countywide Stormwater Quality Management Program's Guidance for Food Facilities;

(D) Ventura Countywide Stormwater Quality Management Program's Best Management Practices for Mobile Businesses and/or Portable Equipment;

(3)

BMPs for land development and redevelopment:

(A) City of Simi Valley's Stormwater Quality Management Conditions of Approval for Land Development Projects.

(B) Ventura Countywide Stormwater Quality Management Program's Technical Guidance Manual (July 13, 2011 or as amended).

(C) California Stormwater Quality Association Stormwater Best Management Practice Handbook — New Development and Redevelopment (January 2003 or as amended).

(d)

"Channel" means an open conduit, either naturally or artificially created, that periodically or continuously contains moving water or which forms a connecting link between two (2) waterbodies.

(d)

"Channel" means an open conduit, either naturally or artificially created, that periodically or continuously contains moving water or which forms a connecting link between two waterbodies.

(e)

"City" means the incorporated areas of the City of Simi Valley and any area, facility, or property contributing Stormwater or Pollution to the City's Storm Drain System over which the City retains jurisdictional control.

(f)

"City Discharge Permit" means a permit granting approval to Discharge water or Stormwater to the Storm Drain System.

(g)

"City Manager" means the City Manager of the City of Simi Valley or his or her designee.

(h)

"Construction Activity" means any construction, clearing, grading, excavation, or demolition activities that result in land disturbance.

(i)

"Contamination" means an impairment of the quality of Waters of the State by Waste which creates a hazard to the public health through poisoning or spread of disease.

(j)

"Controllable Sources" means any industrial, commercial, institutional, construction, land development activity, man-made or man-induced Pollution, which is amenable to Treatment, reduction, abatement or prevention through the implementation of BMPs.

(k)

"Critical Sources" means those businesses, commercial or industrial facilities that are listed in Part 4.D and Attachment D of the Municipal Separate Storm Sewer System, National Pollutant Discharge Elimination System Permit No. CAS004002 as amended, that have the potential to contribute Pollutants to Stormwater runoff.

(l)

"Development" means any construction, rehabilitation, Redevelopment, or reconstruction of any public or private residential project, whether single-family, multi-unit or planned unit Development; industrial, commercial, retail and non-residential projects, public agency projects, or grading for future construction, which requires a grading or building permit.

(m)

"Director" means the Director of Public Works for the City or his or her designee.

(n)

"Discharge" means the release of a Pollutant.

(o)

"Discharge Permit" means the conditional approval to discharge water, Stormwater, wastewater, or other substance pursuant to an authorization, license, or document issued by the EPA, the State Water Resources Control Board, the Regional Board, or other permits issued by the City pursuant to this chapter.

(p)

"Discharger" means any Person causing a Discharge.

(q)

"EPA" means the United States Environmental Protection Agency.

(r)

"Environmentally Sensitive Area" means an area in which plant or animal life or their habitat are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and Developments or those plants and animals listed on the Clean Water Act 303 (d), as delineated on maps in Local Coastal Plans and Regional Water Quality Control Board's Basin Plan.

(s)

"Illicit Connection" means any engineered conveyance that is connected to the Storm Drain System, without a permit or City or County authorization, through which Discharges of Pollutants may occur.

(t)

"Illicit Discharge" means any Discharge to the Storm Drain System that is prohibited under the Clean Water Act, 33 U.S.C. § 1251 et. seq., or the Porter-Cologne Water Quality Control Act, California Water Code § 13000 et. seq.

(u)

"Industrial Activity" means any public or private activity which is associated with any of the following:

(1) Industrial categories identified in 40 CFR 122.26(d)(2)(iv)(C);

(2) Industrial facilities subject to Section 313 of Title III of the Superfund Amendments Reauthorization Act of 1986 (SARA);

(3) Any of the eleven (11) categories of activities defined in 40 CFR 122.26(b)(14) which are required to obtain a NPDES Permit; or

(4) Industrial, commercial or institutional facilities that have been determined by the Director pursuant to the City's Municipal Separate Storm Sewer System, National Pollutant Discharge Elimination System Permit No. CAS004002, or the State General Industrial Permit, to contribute Pollutants to the Storm Drain System.

(v)

"Land Disturbing Activity" means any act, except those related to agricultural activity, in which soil is moved and land changed that may result in erosion or the movement of sediments.

(w)

"Local SWPPP" means the Local Storm Water Pollution Prevention Plan required by the City for a project that disturbs one or more acres of land.

(x)

"Maximum Extent Practicable" means the level of Pollutant control that is derived from available technology or controls at the maximum level that is practical.

(y)

"NAICS" means North American Industry Classification System.

(z)

"NPDES" means National Pollutant Discharge Elimination System.

(aa)

"New Development" means Land Disturbing Activities, structural development, construction, creation and replacement of impervious surfaces, or land subdivision.

(bb)

"Non-Stormwater Discharge" means any Discharge to a storm drain that is not composed entirely of Stormwater.

(cc)

"Nursery" means facilities, garden centers, and farm supply stores that are classified under the following four NAICS classification sectors:

(1) Crop Production-Agriculture (111xxx);

(2) Merchant Wholesalers, Nondurable Goods (424xxx);

(3) Retail Trade (44xxxx); or

(4) Non-store Retailers (454xxx).

(dd)

"Owner" means the Person with the right of possession of the structure or real property. It also includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part thereof.

(ee)

"Permittee" means any Person required to obtain a State, Ventura County Watershed Protection District, or City Stormwater permit for a Discharge of Pollutants or an activity resulting in a Discharge of Pollutants to the Storm Drain System.

(ff)

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents, successors, or assigns. This definition includes all Federal, State, and local governmental entities.

(gg)

"Point Source" means any discernible, confined, and discrete conveyance from which Pollutants are or may be discharged.

(hh)

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sanitary sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes.

(ii)

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. Pollution also means an alteration of the quality of Waters of the State by Waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

(jj)

"Receiving Waters" means the Arroyo Simi and any of its tributaries and downstream water bodies.

(kk)

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site, as defined in the City's Municipal Separate Storm Sewer System, National Pollutant Discharge Elimination System Permit No. CAS004002.

(ll)

"Regional Board" means the California Regional Water Quality Control Board, Los Angeles Region.

(mm)

"Responsible Party" means the Owner, occupant, or Person responsible for or in charge of a specific property, geographical location, facility or building.

(nn)

"Source Control BMP" means any schedule of activities, prohibitions 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.

(oo)

"Stormwater" means rain runoff, snowmelt runoff, or surface runoff and drainage. (40 CFR 122.26(b)(13) or as amended.)

(pp)

"Storm Drain System" means a conveyance, or system of conveyances, which are a part of a tributary to a Watercourse, which are operated, maintained or controlled by the City and are used for the purpose of collecting, storing, conveying or disposing of Stormwater to Waters of the United States.

(qq)

"SWPCP" means Stormwater Pollution Control Plan, which is a plan, approved by the Director identifying potential Pollutant sources from any activity, operation, or facility which may cause or contribute to Pollution or Contamination of the Storm Drain System.

(rr)

"SWPPP" means Stormwater Pollution Prevention Plan, which is a plan, as required by a State General Permit, identifying potential Pollutant sources.

(ss)

"Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove Pollutants.

(tt)

"Treatment Control BMP" means any engineered system designed to remove Pollutants by simple gravity settling of particulate Pollutants, filtration, biological uptake, media absorption, or by a physical, biological, or chemical process.

(uu)

"Watercourse" means any natural or artificial Channel for passage of water.

(vv)

"Watershed" means the area that drains to a common waterway.

(ww)

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

(xx)

"Waters of the United States" means bodies of water as defined in 40 CFR § 122.2.

(§ 1, 2, Ord. No. 1195, eff. August 2, 2012)