§ 30-173. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
Agricultural storm water runoff shall mean any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24.
Article shall mean a major subdivision of the this Code.
Best management practices or BMP shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs 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.
City shall mean the City of Saginaw, Texas, or the City Council of Saginaw.
Coal pile runoff shall mean the rainfall runoff from or through any coal storage pile.
Commencement of construction shall mean the initial disturbance of soils associated with clearing, grading, excavating, landfilling, and other construction activities.
Commercial shall mean pertaining to any business, trade, industry, or other activity engaged in for profit.
Common plan of development shall mean a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
Construction shall mean any human activity that involves clearing, grading, excavation, landfilling, or other placement, movement, removal, or disposal of soil, rock, or other earth materials.
Contaminated shall mean containing a harmful quantity of any substance.
Director shall mean the director of public works for the city, or his/her duly authorized representative, except in the case of public works construction projects that are administered, performed, contracted, or funded (in whole or in part) by the city. In the case of such city public works projects, the term "director" shall mean the director of the city department that is administering, performing, or contracting for the construction project, or his/her duly authorized representative.
Discharged shall mean any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States.
Discharger shall mean any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site or industrial facility.
Domestic sewage shall mean human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste.
Environmental Protection Agency or EPA shall mean the United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency.
Facility shall mean any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
Fertilizer shall mean a solid or non-solid substance or compound that contains an essential plant nutrient element in a form available to plants and is 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. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made.
Final stabilization shall mean the status when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
Fire department shall mean the fire department of the city, or any duly authorized representative thereof.
Fire protection water shall mean any water, and any substances or materials contained therein, used by any person other than the fire department to control or extinguish a fire.
Garbage shall mean putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
Harmful quantity shall mean the amount of any substance that will cause pollution of water in the state.
Household hazardous waste or HHW shall mean any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.
Hazardous substance shall mean any substance listed in Table 302.4 of 40 CFR Part 302.
Hazardous waste shall mean any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.
Hazardous waste treatment, disposal, and recovery facility shall mean all contiguous land, structures, other appurtenances and improvements on the land used for the treatment, disposal, or recovery of hazardous waste.
Herbicide shall mean a substance or mixture of substances used to destroy a plant or to inhibit plant growth.
Industrial waste shall mean any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business.
Landfilling shall mean the deposition of soil and other inert materials on the land to raise its grade and/or smooth its features.
Licensed professional engineer or PE shall mean a person who has been duly licensed and registered by the state board of registration for professional engineers to engage in the practice of engineering in the state.
Motor vehicle fluid shall mean any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
Municipal landfill shall mean an area of land or an excavation in which municipal solid waste is placed for permanent disposal, and which is not a land treatment facility, a surface impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated by the state commission on environmental quality).
Municipal separate storm sewer system or MS4 shall mean the system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
Municipal solid waste shall mean solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.
NPDES general permit for storm water discharges associated with industrial activity or baseline industrial general permit shall mean the most recent baseline industrial general permit issued by EPA published in Volume 65 of the Federal Register at page 64746 on October 30, 2000, and any subsequent modifications or amendments thereto.
NPDES general permit for storm water discharges from construction sites or construction general permit shall mean the most recent construction general permit issued by EPA published in Volume 68 of the Federal Register at page 39087 on July 1, 2003, and any subsequent modifications or amendments thereto.
NPDES permit shall mean a permit issued by EPA (or by the 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.
NPDES storm water multi-sector general permit for industrial activities or multi-sector general permit shall mean the multi-sector general permit for storm water discharges associated with specified industrial activities published by EPA in Volume 60 of the Federal Register at page 51109 on September 29, 1995, and any subsequent modifications or amendments thereto.
Nonpoint source shall mean any source of any discharge of a pollutant that is not a "point source."
Notice of intent or NOI shall mean the notice of intent that is required by either the baseline industrial general permit, the construction general permit or the multi-sector general permit.
Notice of termination or NOT shall mean the notice of termination that is required by either the baseline industrial general permit, the construction general permit or the multi-sector general permit.
Oil shall mean any kind of oil in any form, including, but not limited to, petroleum, fuel oil, or crude oil, or any fraction thereof which is liquid at standard conditions of temperature and pressure, or sludge, oil refuse, or oil mixed with waste.
Operator shall mean the person or persons who, either individually or taken together, meet either of the following two criteria:
(1)
They have operational control over the facility specifications (including the ability to make modifications in specifications), or
(2)
They have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
Owner shall mean the person who owns a facility or part of a facility.
Person shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
Pesticide shall mean a substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant (as these terms are defined in V.T.C.A., Agriculture Code § 76.001).
Petroleum product shall mean a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.
Petroleum storage tank or PST shall mean any one or combination of above ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
Point source shall mean any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.
Pollutant shall mean dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm land.
Pollution shall mean the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Public works construction project shall mean any construction performed or funded in whole or part, separately or collectively, by the federal, state, county, or local government, including the city.
Qualified personnel shall mean persons who possess the appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally-accepted industry standards for such activity. Operator is responsible for providing qualifications to the director and the director has the authority to approve or deny the qualifications of personnel.
Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing, directly or indirectly, into the municipal separate storm sewer system (MS4) or the waters of the United States.
Rubbish shall mean nonputrescible solid wastes that consist of:
(1)
Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
(2)
Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit)
Sanitary sewer or sewer shall mean 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 sewage treatment plant utilized by the city (and to which storm water, surface water, and groundwater are not intentionally admitted).
Septic tank waste shall mean any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Service station shall mean any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.
Sewage or sanitary sewage shall mean the domestic sewage and/or industrial waste that is discharged into the city sanitary sewer system and passes through the sanitary sewer system to the sewage treatment plant utilized by the city for treatment.
Site shall mean 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 shall mean any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including, solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities.
State shall mean the State of Texas.
Storm water shall mean storm water runoff, snow melt runoff, and surface runoff and drainage.
Storm water discharge associated with industrial activity shall mean the discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within one of the categories of facilities listed in 40 CFR part 122, and which is not excluded from EPA's definition of the same term.
Storm water pollution prevention plan or SWPPP shall mean a plan required by either the construction general permit, the baseline industrial general permit, or the multi-sector general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with construction or other industrial activity at the facility.
Uncontaminated shall mean not containing a harmful quantity of any substance.
Used oil or used motor oil shall mean any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties but that may be suitable for further use and is recyclable in compliance with state and federal law.
Water in the state shall mean any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, 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.
Wastewater shall mean any water or other liquid, other than uncontaminated storm water, discharged from a facility.
Water quality standard shall mean the designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses, as specified in V.T.C.A., Administrative Code ch. 307 of tit. 31.
Waters of the United States shall mean all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and 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 § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
Wetland shall mean an 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 shall mean leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.
(Ord. No. 2007-12, § 1, 8-7-07)