Appendix 5502. Definitions.

Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current municipal NPDES permit, or if it is not specifically defined in the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated hereunder. If the definition of any term contained in the current municipal NPDES permit conflicts with the definition contained in this chapter, then the definition contained in the municipal NPDES permit shall govern. The following words and phrases shall have the following meanings when used in this chapter:

Area susceptible to runoff shall mean any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

Authorized enforcement officer shall mean the director of the department of public works or his or her designee.

Automotive service facility shall mean a facility that is categorized in any one (1) of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC Codes 5013, 5014, 5541, 5511 provided that these facilities have no outside activities or materials that may be exposed to storm water.

Basin plan shall mean the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994, and subsequent amendments.

Best management practices (BMPs) shall mean practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non-storm water discharges to receiving waters, or designed to reduce the volume of storm water or non-storm water discharged to the receiving water. Examples of BMPs may include, but are not limited to, public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste-handling and disposal, among others.

Biofiltration shall mean a LID BMP that reduces storm water pollutant discharges by intercepting rainfall on vegetative canopy or groundcover, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the regional board's executive officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.

Bioretention shall mean a LID BMP that reduces storm water runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this chapter, a bioretention BMP may be designed with an overflow drain but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain, it is regulated by the NPDES permit as biofiltration.

Bioswale shall mean a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect storm water runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.

City shall mean the City of Agoura Hills.

Clean Water Act (CWA) shall mean the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with a NPDES permit.

Commercial development shall mean any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

Commercial malls shall mean any development on private land comprised of one (1) or more buildings forming a complex of stores which sell various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

Construction activity shall mean any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Storm Water Discharges Associated with Construction Activities is required if more than one (1) acre is disturbed or the activities are part of a larger plan.

Control shall mean to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities.

Development shall mean construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction. 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.

Directly adjacent shall mean situated within two hundred (200) feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.

Director shall mean the city's director of public works or the director's designee.

Discharge when used without further qualification of the term shall mean any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

Discharging directly shall mean outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.

Disturbed area shall mean an area that is altered as a result of clearing, grading, and/or excavation.

Environmentally sensitive area (ESA) shall mean an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code Section 30107.5). Areas subject to storm water mitigation requirements are areas designated as significant ecological areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a significant natural area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the basin plan as supporting the rare, threatened, or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive as reflected on the map which is on file in the city's department of planning, building and code enforcement.

General construction activities storm water permit shall mean the general NPDES permit adopted by the state board which authorizes the discharge of storm water from construction activities under certain conditions.

General industrial activities storm water permit shall mean the general NPDES permit adopted by the state board which authorizes the discharge of storm water from certain industrial activities under certain conditions.

Green roof shall mean a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.

Hillside shall mean a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five (25) percent or greater and where grading contemplates cut or fill slopes.

Illicit connection shall mean any manmade conveyance that is connected to the storm drain system without a permit, excluding gutters, roof drains and other similar connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

Illicit discharge shall mean any discharge to the MS4 that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all non-storm water discharges, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in Part III.A. of the Municipal NPDES Permit.

Industrial park shall mean land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one (1) transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

Infiltration shall mean the downward entry of water into the surface of the soil.

Low impact development (LID) consists of building and landscape features designed to retain or filter storm water runoff.

Material shall mean any substance, including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

Municipal NPDES permit or MS4 permit shall mean the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Costal Watersheds of Los Angeles County, except those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175, NPDES Permit No. CAS004001), issued on November 08, 2012, issued by the California Regional Water Quality Control Board, Los Angeles Region and any successor permit to that permit.

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

(1)

Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to Waters of the United States;

(2)

Designed or used for collecting or conveying storm water;

(3)

Which is not a combined sewer; and

(4)

Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. Section 122.2. (40 C.F.R. Section 122.26(b)(8)).

National Pollutant Discharge Elimination System (NPDES) shall mean the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405. The term includes an "approved program."

Natural drainage system shall mean a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.

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

NPDES permit shall mean any waste discharge requirements issued by the California Regional Water Quality Control Board, Los Angeles Region or the state water resources control board as an NPDES permit pursuant to Water Code Section 13370.

Parking lot shall mean land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty-five (25) or more parking spaces.

Pollutant shall mean those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to, the following:

(1)

Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

(2)

Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and nonmetals such as phosphorus and arsenic;

(3)

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(4)

Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

(5)

Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

(6)

Substances having characteristics such as pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus;

The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the best management practices available.

Project shall mean all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code Section 21065).

Rainfall harvest and use shall mean a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or nonpotable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department in conjunction with requirements of the county public health department.

Receiving Water shall mean "Water of the United States" into which waste and/or pollutants are or may be discharged.

Redevelopment shall mean land disturbing activity that results in the creation, addition or replacement of at least five thousand (5,000) square feet of impervious surface area on an already developed site for all project categories except single family residential projects. For existing single family dwelling and accessory structures, redevelopment is the creation, addition, or replacement of ten thousand (10,000) square feet or more of impervious surface area.

"Redevelopment" includes, but is not limited to, the following activities that meet the minimum standards set forth in this definition:

(1)

The expansion of a building footprint;

(2)

The addition or replacement of a structure;

(3)

The replacement of an impervious surface that is not part of a routine maintenance activity; and

(4)

Land disturbing activities related to structural or impervious surfaces.

"Redevelopment" does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or an emergency redevelopment activity that is required to protect public health and safety.

Regional board shall mean the California Regional Water Quality Control Board, Los Angeles Region.

Restaurant shall mean a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812).

Retail gasoline outlet shall mean any facility engaged in selling gasoline and lubricating oils.

Routine maintenance includes, but is not limited to, projects conducted to:

(1)

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

(2)

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

(3)

Carry out road shoulder work, regrade dirt or gravel roadways and shoulders and perform ditch cleanouts.

(4)

Update existing lines* ^[] and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

(5)

Repair leaks.

Routine maintenance does not include construction of new** ^[] lines or facilities resulting from compliance with applicable codes, standards and regulations.

Runoff shall mean any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated and nuisance flows.

Significant ecological area (SEA) shall mean 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. Areas are designated as SEAs if they possess one (1) or more of the following criteria:

(1)

The habitat of rare, endangered, and threatened plant and animal species.

(2)

Biotic communities, vegetative associations, and habitat of plant and animal species that are either one (1) of a kind, or are restricted in distribution on a regional basis.

(3)

Biotic communities, vegetative associations, and habitat of plant and animal species that are either one (1) of a kind or are restricted in distribution in Los Angeles County.

(4)

Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

(5)

Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

(6)

Areas important as game species habitat or as fisheries.

(7)

Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

(8)

Special areas.

Site shall mean land or water area where any "facility" or "activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

Source control BMP shall mean any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

Storm drain system shall mean any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of storm water and are located within the city.

Storm Water or storm water shall mean runoff and drainage related to precipitation events (pursuant to 40 C.F.R. Section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

Storm water runoff or urban runoff shall mean surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water. When all other factors are constant, runoff increases as the perviousness of a surface decreases.

Structural BMP shall mean any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

SUSMP shall mean the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan.

Treatment shall mean the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

Treatment control BMP shall mean any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

(Ord. No. 15-416, § 2(5503), 5-27-2015)