§ 8.38.010. Definitions.

For the purposes of this chapter, the following words and phrases will have the meanings set forth in this section. Words and phrases not defined in this section or elsewhere in this chapter will have the meanings set forth in the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and the Porter-Cologne Water Quality Control Act, as they may be amended from time to time, and if not defined in such laws, then the applicable definitions in the municipal NPDES permit will apply.

"Best management practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.

"City" means the city of Rolling Hills Estates.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 and following) as amended.

"Construction general permit" means NPDES general permit for stormwater discharges associated with construction and land disturbance activities, NPDES No. CAS000002, SWRCB Order No. 2009-0009-DWQ, as amended by SWRCB Order 2010-0014-DWQ, as amended by SWRCB Order No. 2012-0006-DWQ and any amendments or successor permit to that permit.

"Development" means any construction, rehabilitation, redevelopment or reconstruction for which either a discretionary land use approval or a permit is required, for any public or private residential (whether single-family, multi-unit or planned unit development); industrial; commercial; retail; institutional; and other nonresidential projects, including public agency projects; or mass grading for future construction.

"Discharge" when used without qualification means the discharge of a pollutant.

"Discharger" means any person causing a discharge.

"Enforcement officer" means any person authorized to enforce the provisions of this chapter.

"Hydromodification" means the alteration of the hydrologic characteristics of coastal and non-coastal waters, which in turn could cause degradation of water resources.

"Illicit connection" means any human-made conveyance that is connected to the MS4 without a permit, through or by which an illicit discharge may be discharged. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4.

"Illicit discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state or federal law. This includes any non-stormwater discharge, except authorized non-stormwater discharges in accordance with the municipal NPDES permit, conditionally exempt non-stormwater discharges in accordance with the municipal NPDES permit; and non-stormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit.

"Inspection" means the entry and conducting of an on-site review of structures and devices on a property, at reasonable times, to determine compliance with chapter or other applicable legal requirements.

"Low impact development (LID)" means building or landscape features designed to retain or filter stormwater runoff.

"Municipal NPDES permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any amendments or successor permit to that permit.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

A.

Owned or operated by the city or the county of Los Angeles within the jurisdiction of the city that discharges to waters of the United States;

B.

Designed or used for collecting or conveying stormwater;

C.

Which is not a combined sewer; and

D.

Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

"New development" means land disturbing activities, structural development, including construction or installation of a building or structure, creation and replacement of impervious surfaces; and land subdivision.

"Non-stormwater discharge" means any discharge to the MS4 that is not composed entirely of stormwater.

"Occupant" means any person who dwells, resides or works at a property.

"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 that unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

"Porter-Cologne Water Quality Control Act" means the legislation codified as Division 7 of the California Water Code.

"Redevelopment" means land disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site for all project categories except single-family projects. For existing single-family dwelling and accessory structures, redevelopment is the creation, addition, or replacement of ten thousand square feet or more of impervious surface area. Redevelopment includes but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

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

"Regional stormwater mitigation program" means a program to substitute in part or wholly for new development and redevelopment requirements for the area covered.

"Routine maintenance" includes projects conducted to:

A.

Maintain the original line and grade, hydraulic capacity, or original purpose of the facility;

B.

Perform as needed restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities;

C.

Carry out road shoulder work, regrading dirt or gravel roadways and shoulders, and performing ditch cleanouts;

D.

Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity;

E.

Repair leaks; or

F.

Conduct landscaping activities without changing existing or natural grades.

Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

"Separate NPDES permit" means any waste discharge requirements issued by the state board or regional board as an NPDES permit (other than the municipal NPDES permit).

"Significant ecological area (SEA)" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan.

"Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Examples of such BMPs include vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

"State board" means the California State Water Resources Control Board.

"State general permit" means a permit issued by the state board or the regional board pursuant to 40 CFR 122 and 123 to regulate a category of point sources. The term "state general permit" includes, but is not limited to, the general permit for stormwater discharges associated with construction activity and the general industrial activities stormwater permit and the terms and requirements of both. In the event the EPA revokes the in-lieu permitting authority of the state board, then the term "state general permit" will also refer to any EPA administered stormwater control program for industrial, construction, and any other category of activities.

"Stormwater" or "storm water" means any surface flow, runoff, or drainage associated with rain storm events or snow melt, as defined in 40 CFR 122.26(b)(13).

"USEPA" means the United States Environmental Protection Agency.

(Ord. No. 698, § 2(Exh. A), 5-26-2015)