§ 25-252. Definitions.

For the purposes of this article, the following shall mean:

Authorized enforcement agency. Employees or designees of the city manager of the City of Salisbury designated to enforce this article.

Best management practices (BMPs). 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 also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

City. The City of Salisbury, North Carolina.

Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Construction activity. Erosion and sedimentation control permits are required for construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Credits. Ongoing reductions in the stormwater management service charge applicable to a given zoning lot or tract in recognition of on-site or off-site systems, facilities, measures, and/or actions undertaken to reduce or mitigate the stormwater quantity and/or quality impact(s) of the zoning lot or tract that would otherwise impact the public stormwater management system. Credits shall be conditioned on the continuing performance of the mitigation systems, facilities, measures, or actions in reference to standards adopted by the stormwater management utility, and may be revised or rescinded for cause. In no case shall credits exceed the amount of the stormwater management service charge.

Developed land. A zoning lot or tract altered from its natural state to include impervious surface area or land on which improvements are under construction, that are equal to or greater than four hundred (400) square feet.

Drainage system. Natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties, and improvements that transfer, control, convey or otherwise influence the movement of stormwater runoff.

Equivalent residential unit (ERU). The average impervious area of a detached residential property.

Facilities. See premises.

Hazardous materials. 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.

Illegal discharge. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in section 25-257 of this article.

Illicit connections. An illicit connection is defined as either of the following:

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,

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.

Impervious surface area. Developed areas of land that prevent or significantly impede the infiltration of stormwater into the soil. Typical impervious surface areas include, but are not limited to: roofs, sidewalks, walkways, patios, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of stormwater into the soil.

Industrial activity. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26 (b)(14).

Municipal separate storm sewer system (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

National pollutant discharge elimination system (NPDES) stormwater discharge permit. A permit issued by EPA (or by the State of North Carolina 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.

Natural state. Existing undeveloped land where the soil and vegetation characteristics that have not been substantially modified or disturbed by human activities and the hydrologic function are in an unaltered or natural condition.

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

Person. 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.

Pollutant. 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; floatable; 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.

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

Service charge. A stormwater management service charge, applicable to a zoning lot or tract, which generally reflects the impact on or demand for stormwater management services provided by the city to properly control and manage stormwater runoff quality associated with the zoning lot or tract. The service charge will vary from one (1) zoning lot or tract to another, based on the impervious surface area.

Storm drainage system. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater management plan. 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.

Stormwater management program. An identified set of measures and activities designed to protect, restore and/or manage stormwater quality.

Stormwater management utility. An organizational structure that is responsible for funding, administering, and operating the city's stormwater management program, and that is supported through a rate structure based on the impervious surface area found on zoning lots or tracts located within the service area.

Undeveloped land. All land that is not altered from its natural state to an extent that results in 400 or more square feet of impervious surface area.

Wastewater. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. No. 2007-01, § 2, 2-6-07; Ord. No. 2012-27, § 1, 7-17-12)