§ 28-899. Definitions.

The following words and terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Base charge means the annual stormwater service management charge charged on each 1,000 square feet or a percentage of 1,000 square feet of impervious surface area. Such base charges shall be calculated by the Director and adopted by the City Council by ordinance.

Best management practices means schedules of activities, prohibitions of practices, including both a structural or nonstructural practice, maintenance procedures, and other management practices to prevent or reduce the pollution of surface water and groundwater systems from the impacts of land-disturbing activities. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Clean Water Act means the Federal Water Pollution Control Act (33 USC § 1251 et seq.), and any subsequent amendments thereto.

Developed means that manmade changes have been made to a property, which changes may include, but are not limited to, buildings or other structures for which a building permit must be obtained under the requirements of the Virginia Uniform Statewide Building Code and this Code, mining, dredging, filling, grading, paving, excavation or drilling operations, or the storage of equipment or materials.

Hazardous materials 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.

Household hazardous materials means products used and disposed of by single family or non-single family residential consumers as opposed to industrial consumers, including, but not limited to, paints, stains, varnishes, solvents, pesticides, and other materials or products containing volatile chemicals that can catch fire, react or explode, or that are corrosive or toxic.

Illicit connection means either:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge including 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 an authorized enforcement 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 an authorized enforcement agency.

Illicit discharge means any discharge to a municipal separate storm sewer system that is not comprised entirely of stormwater, except discharges pursuant to a Virginia Pollutant Discharge Elimination System or Virginia Stormwater Management Program permit (other than the Virginia Stormwater Management Program permit for discharges from the municipal separate storm system), discharges resulting from firefighting activities, and discharges identified by and in compliance with 9 VAC 25-890-20(C)(2).

Impervious surface means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious cover includes, but is not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt or compacted gravel surface.

Multiple of 1,000 square feet means the quotient of the total impervious surface area divided by 1,000 square feet.

Nonresidential property means property which does not serve the primary purpose of providing permanent dwelling units. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, recreational and cultural facilities, hotels, offices, churches, schools, hospitals, universities, cemeteries, Federal, State and local government properties.

Non-single family residential property means a building or other shelter that has been divided into separate units to house more than one family or household living independently of each other.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means any individual, partnership, firm, association, joint venture, corporation, trust, estate, commission, board, public or private institution, utility, cooperative, or any other legal entity.

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; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; 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; and noxious or offensive matter of any kind.

Property means, for the purposes of this article, real property defined to mean land and generally whatever is erected or growing upon or affixed to land.

Single family residential property means a single family detached residential property, rowhouse, or townhouse regardless of the size of the parcel or the improvements located thereon.

Stormwater facilities means all conveyances, pipes, and treatment works which are a part of the municipal separate storm sewer and which are used to convey stormwater. Stormwater facilities excludes facilities on private property unless the City has agreed in writing to operate or maintain those facilities on a non-emergency basis.

Total annual charge means the annual amount to be billed and paid by each owner of developed property in the City.

Undeveloped land means any land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state.

Virginia Pollutant Discharge Elimination System permit means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge.

Virginia Stormwater Management Program permit means a document issued by the permit-issuing authority pursuant to the Virginia Stormwater Management Act authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters. Under the approved State program, a Virginia Stormwater Management Program permit is equivalent to a NPDES permit.

Waters of the State means all waters on the surface and underground wholly or partially within the Commonwealth or within its jurisdiction.

(Code 2004, § 106-805; Ord. No. 2009-60-83, § 1, 5-26-2009; Ord. No. 2013-139-136, § 2, 7-22-2013; Ord. No. 2018-092, § 1, 5-14-2018; Ord. No. 2018-218, § 1, 9-24-2018)

Cross reference— Definitions generally, § 1-2.

(Code 2004, § 106-805; Ord. No. 2009-60-83, § 1, 5-26-2009; Ord. No. 2013-139-136, § 2, 7-22-2013; Ord. No. 2018-092, § 1, 5-14-2018; Ord. No. 2018-218, § 1, 9-24-2018)

Cross reference

Definitions generally, § 1-2.