§ 6-703. DEFINITIONS.

The terms used in this article shall have the following meanings:

(a) "Agricultural Lands" is defined as a parcel of land under a single ownership and of five or more acres used primarily for agricultural pursuits consisting of raising tree, vine, field, forage, or other plant life, crops of all kinds, or the maintenance, breeding, and raising of animals.

(b) "Authorized Enforcement Agent" is the City Manager of the City of Fresno and any individual designated in writing by the City Manager as an Authorized Enforcement Agent.

(c) "Best Management Practices" means activities, practices, and procedures 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 storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; and the prohibition of specific activities, practices, and procedures.

(d) "Clean Water Act" is the Federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96-483, and 97-117 (33 U.S.C. § 1251 et seq.), and any regulations adopted pursuant thereto.

(e) "District" means the Fresno Metropolitan Flood Control District.

(f) "Hazardous Materials" is defined as 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.

(g) "Illicit Connections" are defined as either of the following:

(1) Any drain, conveyance, or condition of property whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including but not limited to any conveyances which allow sewage, process wastewater and wash water to enter the storm drain system and any connections 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

(2) 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 District.

(h) "Illicit Discharge" is defined as any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 6-709 of this article.

(i) "Industrial National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" are general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations as engaging in industrial activity pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

(j) "Municipal NPDES Storm Water Discharge Permit" is the area-wide NPDES storm water discharge permit issued pursuant to the Clean Water Act by the Regional Board to the District, City of Fresno, City of Clovis, County of Fresno, Caltrans, and California State University Fresno to regulate discharges from the municipal separate storm drain system to waters of the U.S. (Order No. 94-244, NPDES Permit No. CA0083500, and any amendments, revisions, or reissuance thereof.)

(k) "Non-Storm Water Discharge" is any discharge to the storm drain system that is not composed entirely of storm water.

(l) "Permit Area" is the area subject to the terms and conditions of the municipal NPDES storm water discharge permit; said area being the planned urban local drainage areas specified within the District's adopted Storm Drainage and Flood Control Master Plan, as it may be amended from time to time.

(m) "Person" shall be taken to mean, for purposes of this article, any person, firm, association, club, organization, corporation, partnership, business trust, company, government agency, or other entity which is recognized by law as the subject of rights or duties.

(n) "Pollutant" is defined as anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous solid wastes and yard wastes; 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, and concrete rinsates); and noxious or offensive matter of any kind.

(o) "Pollution" is defined as the human-made or human-induced alteration of the quality of waters 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.

(p) "Porter-Cologne Act" means the California Porter-Cologne Water Quality Control Act, and as it may be amended from time to time (California Water Code §§ 13000 et sequentes ).

(q) "Premises" shall be taken to mean any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

(r) "Storm Drain System" shall mean publicly-owned facilities operated by the District or City of Fresno and privately-owned facilities, by which storm water is collected and/or conveyed, 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 man-made or altered drainage channels, reservoirs, and other drainage structures which are within the Permit Area and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

(s) "Storm Water" is any surface flow, runoff, and drainage associated with rain storm events and snow melt.

(t) "Water of the United States (U.S.)" means surface watercourses and water bodies as defined at 40 CFR § 122.2. (Added Ord. 97-16, § 1, eff. 5-9-97).