§ 15.07.030. Definitions.

When used in this chapter, the following terms have the meanings set out below.

"AKART" means all known, available, and reasonable methods of prevention, control, and treatment.

"Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs may include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

"Chapter" means this chapter.

"Clean Water Act" means 33 U.S.C. 1251 et. seq., as amended.

"Conservation plan" means a plan developed by a farm operator in cooperation with a resource agency and approved by the Thurston Conservation District board of supervisors for managing resources, such as soil, water, plants and animals, on a farm to protect water quality through use of best management practices.

"County" means Thurston County, Washington.

"Dangerous waste" means any solid, liquid, or mixed waste defined according to WAC 173-303, as amended.

"Director" means the Director of the Thurston County Resource Stewardship Department or any duly authorized representatives of the director.

"Discharge" means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, drain, run, or spill into a storm drainage system, surface water, ground water, or onto the surface of the ground.

"Drainage manual" means the manual entitled "Drainage Design and Erosion Control Manual for Thurston County" as adopted by the Thurston County Commissioners in August 2009 and effective on November 16, 2009, or as subsequently amended, describing design, maintenance, best management practice, procedures, guidance for stormwater system for new development, redevelopment, and prevention or treating of pollutants in stormwater, to be utilized by businesses, industries and private residence.

"Ecology" means the Washington State Department of Ecology.

"Enforcement officer" means the director or his/her designees.

"Forest practices" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in W.A.C. 222-16-010.

"Ground water" means water in a saturated zone or stratum beneath the surface of the land or beneath a surface water body.

"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 of, or otherwise managed.

"Heated water" means water that has a higher temperature than the ambient conditions of the receiving water as a result of intentional or incidental heating for human use; for example water from hot tub draining or a discharge from steam cleaning activity.

"Illicit connection" means any man-made conveyance that is connected to a municipal storm drainage facility without a permit or other form of written approval by the director, excluding roof drains and other similar type connections. Examples of illicit connections include but are not limited to sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to a municipal storm drainage facility.

"Illicit discharge" means any direct or indirect non-storm water discharge to a storm drainage facility except those specifically allowed in Section 15.07.060 of this chapter.

"Municipal storm drainage facility" means any storm drainage facility which Thurston County owns or has rights-of-way or easements to maintain.

"National Pollutant Discharge Elimination System (or NPDES)" means the national program for controlling the discharge of pollutants into waters of the United States under the Clean Water Act. In the State of Washington the NPDES program is administered by the Washington Department of Ecology.

"National Pollutant Discharge Elimination System Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 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-storm water discharge" means any discharge that is not composed entirely of stormwater.

"Person" means any individual, association, municipality, government agency, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

"Pollutant" means any substance or physical alteration to the natural physical, chemical, or biological conditions of the water as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to people, domestic animals, wildlife, aquatic organisms, or the environment.

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

"Responsible party" means the owner of a property, premises, or facility on which a violation of this chapter has occurred, any person who engages in any activity in violation of this chapter, or any person who, through an act of commission or omission, procures, aids or abets a violation of this chapter.

"Source control" means a BMP intended to prevent pollutants from entering surface water, stormwater and/or ground water including the modification of processes to eliminate the production or use of pollutants. Source control BMPs can be either structural or non-structural. A structural source control BMP involves the construction of a physical structure on site, or other type of physical modification to a site; for example, building a covered storage area. A non-structural source control BMP involves the modification or addition of managerial or behavioral practices; for example, sweeping vehicle parking lots.

"State" when used as a noun, means the state of Washington.

"Storm drainage facility" means any public or privately owned facility by which stormwater is collected, conveyed, and/or treated, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, catch basins, piped storm drains, pumping facilities, retention and detention basins, ditches, human-made or altered drainage channels, swales, reservoirs, and other drainage structures.

"Stormwater" means water runoff, originating from any form of natural precipitation and resulting from such precipitation, which flows across the land surface.

"Stormwater pollution prevention plan (SWPP)" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

"Surface water" means any body of water, whether fresh or marine, which either flows or is contained in natural or artificial unlined depressions or channels continuously for at least four consecutive months. Such bodies include, but are not limited to, rivers, streams, springs, seeps, ponds, lakes, and wetlands, irrigation canals, ditches, estuaries, and marine water.

"Treatment" means the reduction or elimination of pollutants in stormwater prior to or in lieu of discharging or otherwise introducing such pollutants into the stormwater system.

"Treatment BMP" means a BMP intended to remove pollutants once they are already contained in stormwater. Examples of treatment BMPs include: oil/water separators, biofiltration swales and wet-settling basins.

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

"Waters of the state/water of the United States" includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 that are within the geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington.

(Ord. No. 14404, § 2, 9-7-2010)