The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Best management practices (BMPs)
means the specific management practices used to control pollutants
in storm water. BMPs are of two types: “source controls”
(nonstructural) and “treatment controls” (structural).
Source or nonstructural controls are practices that prevent pollution
by reducing potential pollutants at their source, such as proper chemical
containment at municipal shops or construction sites, before they
come into contact with storm water. Treatment or structural controls,
such as constructed water quality detention facilities, remove pollutants
already present in storm water. Best management practices can either
be temporary, such as silt fence used during construction activity,
or permanent detention facilities, to control pollutants in storm
water.
CDPS
means the Colorado Discharge Permit System.
City
means the City of Grand Junction.
City Manager
means the Grand Junction City Manager or his duly authorized
representative.
Clean Water Act (CWA)
means the Clean Water Act, also known as the Federal Water
Pollution Control Act, and including amendments thereto by the Clean
Water Act of 1977,
33 U.S.C. Section
466 et seq.
as amended.
Commercial
means any business, trade, industry or other activity engaged
in for profit.
Construction
means to make or form by combining or arranging building
parts or building elements, to include but not limited to examples
such as road construction, commercial shopping center, residential
development or parks development, and including the initial disturbance
of soils associated with clearing, grading, or excavating activities
or other construction-related activities (e.g., stockpiling of fill
material).
Construction site
means any location where construction or construction-related
activity occurs.
Construction storm water management plan (SWMP)
means a specific individual construction plan that describes
the best management practices (BMPs), as found in the current SWMM,
to be implemented at a site to prevent or reduce the discharge of
pollutants. The purpose of a SWMP is to identify possible pollutant
sources to storm water and to set out BMPs that, when implemented,
will reduce or eliminate any possible water quality impacts.
Contaminated
means containing harmful quantities of pollutants that exceed
State or federal guidelines.
Contractor
means any person or firm performing or managing construction
work at a construction site, including any construction manager, general
contractor or subcontractor. Also includes, but is not limited to,
earthwork, paving, building, plumbing, mechanical, electrical or landscaping
contractors and material suppliers delivering materials to the site.
CDPS permit
means a permit issued by the State of Colorado under Part
5 of the Colorado Water Quality Control Act (Title
25, Article
8 C.R.S.) that
authorizes the discharge of pollutants to waters of the State, whether
the permit is applicable to a person, group or area.
Development
means any public or private construction, reconstruction,
conversion, structural alteration, relocation or enlargement of any
structure within the jurisdiction of the City, as well as any manmade
change or alteration to the landscape, including but not limited to
mining, drilling, dredging, grading, paving, excavating and/or filling.
Discharge
means any addition or release of any pollutant, storm water,
subsurface, groundwater or any other substance whatsoever to the storm
drainage system.
Domestic sewage
means sewage originating primarily from kitchen, bathroom
and laundry sources, including waste from food preparation, dishwashing,
garbage grinding, toilets, baths, showers and sinks.
Drainageway
means any natural or artificial (manmade) channel which provides
a course for water flowing either continuously or intermittently to
downstream areas.
Environmental Protection Agency or EPA
means the United States Environmental Protection Agency (USEPA),
the regional office thereof, any federal department, agency or commission
that may succeed to the authority of the USEPA and any duly authorized
official of the USEPA or such successor agency.
Fertilizer
means a substance or compound that contains an essential
plant nutrient element in a form available to plants and used primarily
for its essential plant nutrient element content in promoting or stimulating
growth of a plant or improving the quality of a crop or a mixture
of two or more fertilizers.
Fire protection
means any water and any substance(s) or material(s) contained
therein, used by any person to control or extinguish a fire or to
inspect or test fire equipment.
Fungicide
means a substance that destroys or inhibits the growth of
fungi.
Garbage
means putrescible animal and vegetable waste materials resulting
from the handling, preparation, cooking and consumption of food, including
waste materials from markets, storage facilities and the handling
and sale of produce and other food products.
Groundwater
means any water residing below the surface of the ground
or percolating into or out of the ground.
Harmful quantity
means the amount of any substance that may cause an adverse
impact to the storm drainage system and/or will contribute to the
failure of the City to meet the water quality based requirements of
the CDPS/NPDES permit for discharges from the municipal separate storm
sewer system.
Hazardous waste
means any substance identified or listed as a hazardous waste
by the EPA pursuant to
40 CFR, Part
261 as amended.
Herbicides
means a chemical substance used to destroy plants, especially
weeds.
Illicit connection
means any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drainage
system. Such connection includes any physical connection to a publicly
maintained storm drain system composed of non-storm water that has
not been permitted by the public entity responsible for the operation
and maintenance of the system.
Illicit discharge
means any discharge to a storm drain system that is not composed
entirely of storm water, except discharges pursuant to a CDPS/NPDES
permit, discharges resulting from emergency fire fighting activities,
and discharges further exempted by this chapter.
Industrial waste
means any wastes produced as a byproduct of any industrial,
manufacturing, agriculture, commerce, trade or business, as distinguished
from domestic or residential waste.
Mechanical fluid
means any fluid used in the operation and maintenance of
machinery, vehicle(s) and any other equipment. Includes, but is not
limited to, mechanical fluid, lubricants, antifreeze, petroleum products,
oil and fuel.
Minimum measure
means a mandated part of a storm water management program
that reduces the amount of pollutants entering streams, lakes and
rivers as a result of runoff from residential, commercial and industrial
areas during a storm event.
Mobile commercial cleaning
means washing, steam cleaning and any other method of mobile
cleaning of vehicles and/or exterior surfaces, engaged in for commercial
purposes or related to a commercial activity.
MSDS
means the Material Safety Data Sheet for hazardous chemicals.
Municipal separate storm sewer system (MS4)
means a conveyance or the system of conveyances, including
roads with drainage systems, municipal streets, curbs, gutters, ditches,
inlets, drains, catch basins, pipes, tunnels, culverts, channels,
detention basins and ponds owned and operated by the City and designed
or used for collecting or conveying storm water and is not a combined
sewer or used for collecting or conveying sanitary sewage.
Notice of violation (NOV)
means a formal written notice delivered, either by hand delivery,
certified mail or posted on the subject property, to a person or entity
who has violated any code of the Grand Junction Municipal Code. The
notice shall contain the parcel number or address, name or entity
to whom the notice is being delivered, section(s) of the code being
violated, time frame in which to correct the violation and information
regarding remedies the City may take to achieve compliance. An NOV
may also be referred to as a “compliance advisory.”
NPDES
means the National Pollutant Discharge Elimination System
under Section 402 of the Clean Water Act.
NPDES permit
means a permit issued pursuant to EPA authority. An NPDES
permit allows the discharge of pollutants to navigable waters of the
United States or waters of the State, whether the permit is applicable
on an individual, group, or area basis.
Oil
means any kind of oil in any form, including, but not limited
to, petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking
oil, vegetable or animal fat, grease, sludge, oil refuse and oil mixed
with waste.
Owner
means a person having dominant and/or servient interest in
property, having sufficient interest to convey property, and/or having
possessory interest in property. The term “owner” also
includes the owner’s agent.
Part of a larger common plan of development or sale
means a contiguous area where multiple separate and distinct
construction activities will be taking place at different times on
different schedules under one plan. An example would be a commercial
development with multiple separate buildings constructed over the
course of multiple construction schedules.
Person
means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity; or its legal representative(s),
agent(s), or assign(s), including all federal, State and local governmental
entities.
Pesticide
means a substance or mixture of substances intended to prevent,
destroy, repel or mitigate any pest.
Petroleum product
means a product that is obtained from distilling and processing
crude oil that is capable of being used as a fuel or lubricant in
a motor vehicle or aircraft, including motor oil, gasoline, gasohol,
other alcohol blended fuels, aviation gasoline, kerosene, distillate
fuel oil and No. 1 and No. 2 diesel.
Pollutant
means any substance attributable to water pollution, including
but not limited to dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, septic waste, sewage sludge, rubbish, garbage,
solid waste, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, sediment, rock, dirt,
sand, mud, soil, sediment, industrial, municipal and agricultural
waste, litter, debris, yard waste, pesticides, herbicides, fertilizers,
domestic animal waste, mechanical fluid, oil, motor oil, used oil,
grease, petroleum products, antifreeze, surfactants, solvents, detergents,
cleaning agents, paint, heavy metals, toxins, household hazardous
waste, small quantity generator waste, hazardous substances and hazardous
waste.
Pollution
means the alteration of the physical, thermal, chemical,
or biological quality of, or the contamination of, any water that
renders the water harmful, detrimental, or injurious to humans, animal
life, plant life, property or public health, safety or welfare, or
impairs the usefulness or the public enjoyment of the water for any
lawful or reasonable purpose.
Potable water
means water that has been treated to federal Safe Drinking
Water Act standards and/or is safe for human consumption.
Private drainage system
means all privately owned ground, surfaces, structures or
systems, excluding the municipal separate storm sewer system, that
contribute to or convey storm water, including but not limited to
roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets,
curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels,
culverts, channels, detention basins, ponds, draws, swales, streams
and any ground surface.
Property owners’ association
is an association formed by a land owner or owners to manage
and maintain property in which they own an undivided common interest.
The association may be referred to as a homeowners’ association
(HOA) for residential developments or as a business owners’
association (BOA) for commercial developments.
Qualified person
means a person who possesses the required certification,
license and appropriate competence, skills, and ability as demonstrated
by sufficient education, training and/or experience to perform a specific
activity in a timely and complete manner consistent with the regulatory
requirements and generally accepted industry standards for such activity
and may, for certain duties, be required to be a professional engineer
licensed in the State of Colorado or as required under §
12-25-101, C.R.S.
Receiving waters
means creeks, streams, rivers, lakes, estuaries or other
bodies of water into which surface water and/or treated or untreated
waste are discharged, either naturally or in manmade systems.
Release
means to dump, spill, leak, pump, pour, emit, empty, inject,
leach, dispose or otherwise introduce into the storm drainage system.
Rubbish
means nonputrescible solid waste, excluding ashes that consist
of: (a) combustible waste materials, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves
and similar materials; and (b) noncombustible waste materials, including
glass, crockery, tin cans, aluminum cans, metal furniture, and similar
materials that do not burn at ordinary incinerator temperatures (1,600
to 1,800 degrees Fahrenheit).
Sanitary sewage
means the domestic sewage and/or industrial waste that is
discharged into the Persigo sanitary sewer system and passes through
the sanitary sewer system to the Persigo sewage treatment plant for
treatment.
Sanitary sewer
means the system of pipes, conduits and other conveyances
which carry industrial waste and domestic sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities,
and institutions, whether treated or untreated, to the Persigo sewage
treatment plant (and to which storm water, surface water and groundwater
are not intentionally admitted).
Sediment
means soil, mud, dirt, gravel and rocks that have been disturbed,
eroded and/or transported naturally by water, wind or gravity, and/or
mechanically by any person, vehicle or equipment.
Septic tank waste
means any domestic sewage from holding tanks such as vessels,
grease interceptors, chemical toilets, campers, trailers, septic tanks
and aerated tanks.
Site
means the 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.
Solid waste
means any garbage, rubbish, refuse, yard waste and other
discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from industrial, municipal, commercial,
construction, mining or agricultural operations and residential, community
and institutional activities.
Storm drainage system
means all surfaces, structures and systems that contribute
to or convey storm water, including private drainage systems, to the
municipal separate storm sewer system, and any nonmunicipal drain
or pipe, channel or other conveyance, including natural and manmade
washes and ditches for conveying water, groundwater, drainage water
or unpolluted water from any source, excluding sewage and industrial
wastes, to waters of the State and United States.
Storm water
means surface runoff resulting from precipitation and other
storm events.
Stormwater Management Manual
means the Stormwater Management Manual (SWMM) that contains
Grand Junction and Mesa County policy and criteria pertaining to storm
water runoff; federal, State and local regulations pertaining to storm
water law and water quality; and grading and drainage criteria under
Section 6.2.(F) of the City Zoning and Development Code, dated 1996
and as amended or replaced.
Surface water
means water bodies and any water temporarily residing on
the surface of the ground, including oceans, lakes, reservoirs, rivers,
ponds, streams, puddles, channeled flow and runoff.
Toxic
means a substance that is harmful or poisonous according
to the MSDS standards.
Uncontaminated
means not containing harmful quantities of pollutants that
exceed State or federal guidelines.
Upset
means an exceptional incident in which there is an unintentional
and temporary noncompliance because of factors beyond reasonable control.
An upset does not include noncompliance to the extent caused by operational
error, improperly designed or inadequate treatment, lack of preventive
maintenance, or careless or improper operation.
Wastewater
means any water or other liquid, other than uncontaminated
storm water, discharged from a facility or the community. From the
standpoint of source, it may be a combination of the liquid and water-carried
wastes from residences, commercial buildings, institutions and industrial
establishments, together with any incidental groundwater, surface
water and storm water that may be present.
Waters of the State
means any groundwater, percolating or otherwise, lakes, bays,
ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, inside the territorial limits of the State
and all other bodies of surface water, natural or artificial, navigable
or non-navigable, and including the beds and banks of all water courses
and bodies of surface water, that are wholly or partially inside or
bordering the State or inside the jurisdiction of the State.
Waters of the United States
means all waters which are currently used, used in the past
or susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and the flow of the tide;
all interstate waters, including interstate wetlands; all other waters
the use, degradation or destruction of which would affect or could
affect interstate or foreign commerce; all impoundments of waters
otherwise defined as waters of the United States under this definition;
all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within
the federal definition of “Waters of the United States”
at
40 CFR
Section
122.2; but not including any waste treatment systems, treatment ponds
or lagoons designed to meet the requirements of the federal Clean
Water Act.
Water quality standard
means the designation of a body or segment of surface water
in the State for desirable uses and the narrative and numerical criteria
deemed by State or federal regulatory standards to be necessary to
protect those uses.
Wetland
means any area that is inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
Yard waste
means leaves, grass clippings, tree limbs, brush, soil, rocks
or debris that result from landscaping, gardening, yard maintenance
or land clearing operations.
(Ord. 4552, 9-5-12; Ord. 4233 § 6, 5-7-08; Ord. 3824 § 3, 9-7-05. Code 1994 § 16-141)