§ 14-25. Definitions.

In this article:

Administrator means the employee of the city designated by the city manager.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances and other management practices designed to prevent or reduce the discharge of pollutants. BMPs include treatment requirements and operating procedures and practices to control runoff, spillage or leaks, drainage from raw material storage areas or waste disposal. Nonstructural best management practices are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural best management practices include: storage practices such as wet ponds and extended-detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches.

City means the City of Galveston, Texas.

City design manual means the manual of criteria and design standards for subdivisions adopted by chapter 29 of this Code, as amended.

City manager means the city manager, the city manager's designee, or the acting city manager (or persons serving in the capacity of city manager).

Clean Water Act (CWA) means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), and any subsequent amendments thereto.

Construction activity means activity associated with any construction project resulting in land disturbance of one (1) acre or more. Such activity includes, but is not limited to, clearing, grubbing, grading, excavating and demolition.

Discharge means the discharge of storm water runoff or certain non-storm water discharges as allowed under the authorization of a NPDES or TPDES permit. "Discharge," when used without a qualifier means the "discharge of a pollutant."

Discharge of a pollutant means:

(1)

Any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source," or

(2)

Any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

This definition includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any "indirect discharger."

Discharger means any person who causes, allows, permits or is otherwise responsible for a discharge, including without limitation, any operator of a construction site or an industrial facility, and the owner of the property.

Hazardous material means 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 or otherwise used or managed. Hazardous materials include but are not limited to, those materials listed in 40 CFR 116.4.

Illicit connection means:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 including, but not limited to, any conveyance which allows any non-storm water discharge including wastewater, processed wastewater and wash water to enter the MS4 and any connection to the MS4 from any indoor drain and/or sink, regardless of whether said drain or connection had been previously allowed, permitted or approved by the city, or

(2)

Any drain or conveyance connected from a commercial or industrial land use to the MS4, which has not been documented in plans, maps or equivalent records and approved by the city.

Illicit discharge means any discharge to a MS4 that is not entirely composed of storm water, except discharges pursuant to a NPDES or TPDES permit (other than the NPDES or TPDES permit for discharge from the MS4 and discharge resulting from firefighting activities).

Industrial activity means manufacturing, processing, using, storing of material, and disposal of waste material (and similar activity where storm water can contact industrial pollutants related to the industrial activity) at an industrial facility described by the TPDES Multi-Sector General Permit TXR0500000 or by another TCEQ or TPDES permit.

Land disturbing activity means the alteration of the surface of the one (1) or more acres of ground by human activity that removes the covering vegetation and includes, but is not limited to, clearing, grading, and grubbing.

Municipal separate storm sewer system (MS4) means the system of conveyances owned or operated by the city or any co-permittee of the city that is designed or used for collecting or conveying storm water, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains.

National Pollutant Discharge Elimination System (NPDES) storm water discharge permit means a permit issued by the Environmental Protection Agency (or by a state under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

Non-point source pollution means small amounts of contaminants from a large number of sources such as excess fertilizers, herbicides, and insecticides from agricultural lands and residential areas; oil, grease and toxic chemicals from urban runoff and energy production; sediment from improperly managed construction sites, crop and forest lands and eroding stream banks; salt from irrigation practices and acid drainage from abandoned mines; bacteria and nutrients from livestock and pet wastes; and faulty septic systems that are carried by rainfall runoff into streams, lakes or bays.

Non-storm water discharge means any discharge to the MS4 that is not composed entirely and solely of storm water.

Notice of intent (NOI) means a written submission to the executive director of the United States Environmental Protection Agency or Texas Commission on Environmental Quality from an applicant requesting coverage under a NPDES or TPDES permit.

Operator means any party, whether one or more, individually or collectively, having operational control over the site specifications (including the ability to make modifications in specifications) and having day-to-day operational control of those activities at the site necessary to ensure compliance with storm water pollution prevention plan requirements and any permit conditions.

Owner means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. The term includes, but is not limited to, the owner's tenants or lessees occupying the premises.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordinance, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; discharges from non-residential pressure washing of vehicles or pavement; hazardous substances and wastes; sewage, bacteria (fecal, coliform, E. coli) and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; grass clippings, pet waste, paint, oils, and noxious or offensive matter of any kind. Pollutant is further defined in 40 CFR 122.2.

Premises means any building, lot or parcel of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm water means any surface flow, runoff or drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Storm water management program (SWMP) means a comprehensive program to manage the quality of discharges from the MS4.

Storm water pollution prevention plan (SWPPP) means a document which describes the best management practices and activities to be implemented by an owner or operator to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, the MS4, and/or receiving waters to the maximum extent practicable.

Storm water runoff means storm water resulting from any form of natural precipitation including any pollutants that become mixed with the storm water.

Texas Commission on Environmental Quality (TCEQ) means the environmental agency for the state.

Texas Pollutant Discharge Elimination System (TPDES) means a program with federal regulatory authority over discharges of pollutants to waters of the State or waters of the United States not including discharges associated with oil, gas and geothermal exploration and development activities regulated by the Railroad Commission of Texas.

Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility.

Waters of the United States means:

(1)

All waters which are currently used, were used in the past or may be susceptible to use in interstate or foreign commence, 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, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds that the use, degradation or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

a.

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

b.

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

c.

Which are used or could be used for industrial purposes by 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 (1) through (4) of this definition;

(6)

The territorial sea; and

(7)

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

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 purposes of this article, the final authority regarding Clean Water Act jurisdiction remains with the United States Environmental Protection Agency.

(Ord. No. 12-006, § 2, 1-26-12)