A. Best Management Practices. Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the city’s BMP Guidance Series, as discussed further in Section 8.46.130(B), for specific requirements. The city may adopt and amend, from time to time, its BMP Series, as discussed in Section 8.46.130, to define specific requirements imposed in conjunction with the term “best management practices.” The term “BMP” shall have the same definition as the term “best management practices.”

B. City. The city of Marina.

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

D. Construction Activity. Construction projects subject to National Pollution Discharge Elimination System (NPDES) construction permits or industrial permits. Such construction activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

E. 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 (California Health and Safety Code § 25117 as it may be amended from time to time).

F. Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 8.46.090.

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

H. Industrial Activity. Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14), as it may be amended from time to time.

I. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits. General, group, and individual storm water discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity and general industrial activity permits.

J. Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.

K. Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

L. Pollution. The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code § 13050 as it may be amended from time to time).

M. Porter-Cologne Act. The Porter-Cologne Water Quality Control Act and as amended (California Water Code § 13000 et seq., as it may be amended from time to time).

N. Post Construction Requirements. The Central Coast Regional Water Quality Control Board regulations (CCRWQCB, Resolution R3-2012-0025 or most recent iteration) or the city’s equivalent program which stipulate that new and redevelopment projects within the region need to incorporate measures to reduce the discharge of pollutants from newly developed and/or redeveloped properties to restore the natural watershed processes to a predeveloped state to the maximum extent practicable. These regulations stipulate the inclusion of specified storm water quality devices, either structural and/or nonstructural, into specified new and redevelopment projects. The requirements also include the development of an operations maintenance manual and agreement to ensure that the devices are routinely cleaned, maintained, inspected, and repaired or replaced as necessary in perpetuity. All activities performed to clean, maintain, inspect, and repair or replace as necessary these devices must be reported to the city by July 15th of each reporting period (i.e., July 1st through June 30th annually), and to the Central Coast Regional Water Quality Control Board via SMARTS.

O. Private Storm Drain System or Private Storm Water Drainage System (PSDS). Privately owned facilities operated and/or owned by an individual by which storm water is collected and/or conveyed, including but not limited to storm water treatment control devices, whether structural and/or nonstructural, in compliance with the Central Coast Regional Water Quality Control Board’s Post Construction Requirements; any privately owned roads with drainage systems, privately owned 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 which are within the city and are not part of a publicly owned treatment works as defined at 40 C.F.R. Section 122.2, as it may be amended from time to time, or not part of the city’s storm drain system. These systems must be maintained and cleaned at least annually prior to the rainy season to prevent the discharge of any pollutant into the city’s storm drain system.

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

Q. Storm Drain System. Publicly owned facilities operated by the city by which storm water 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 which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2, as it may be amended from time to time.

R. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

S. Waters of the United States. Surface watercourses and water bodies as defined at 40 CFR Section 122.2, as it may be amended from time to time, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. (Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2009-03 § 1, 2009)