“Agricultural activity” means private or commercial activities directly engaged in the production of nursery stock, sod, fruits, vegetables, forages, cover crops, field crops (grain, corn, oats, beans, etc.), timber, and livestock, or other related activities determined by the City Engineer to conform to this definition; but shall not include construction or other activities for structures associated with agricultural activities.

“Best management practices (BMPs)” means schedules of activities; prohibitions of deleterious practices; general good housekeeping practices; physical, structural, or chemical interventions; pollution prevention and educational activities; maintenance activities; and other management practices that prevent or minimize to the greatest extent practicable the discharge of pollutants directly or indirectly to public rights-of-way, the municipal storm water system, receiving waters, or waters of the State.

“City” means the City of Millersburg, a municipal corporation of the State of Oregon.

“City Engineer” means the person designated by the Millersburg City Manager who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

“City Manager” means the person designated by the Millersburg City Council to act as the administrative head of the City government and who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and any subsequent amendments thereto.

“Construction activity” means activities related to any land development or construction project including but not limited to clearing and grubbing, grading, excavating, and demolition.

“Discharger” means any person who discharges or causes to be discharged any pollutant onto public rights-of-way or into the municipal storm water system, receiving waters, or waters of the State.

“Floodplain” means the relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other water body that has been, or may be, inundated temporarily by floodwater.

“Hazardous materials” means 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” means any direct or indirect pollutant-bearing discharge to the municipal storm water system, receiving waters, or waters of the State, except as exempted by MMC 12.12.010.

“Illicit connection” is defined as either of the following:

“Impervious surface” means an improved, altered, or constructed surface which generally prevents infiltration of surface water including, but not limited to, paved streets, graveled or paved areas such as parking lots and driveways, oiled, macadam or other treated surfaces, walkways, roof surfaces, and patios.

“Land-disturbing activity” means any activity that exposes the soil to erosion.

“National Pollutant Discharge Elimination System (NPDES) storm water discharge permit” means a permit issued by the Environmental Protection Agency or the State of Oregon 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.

“New development” means a project that creates and/or expands the area of impervious surfaces, including, but not limited to:

“Nonpoint source” means any source of water pollution that is not associated with point sources. Generally, a nonpoint source is a diffuse or unconfined source of pollution that can either enter into or be conveyed by the movement of water into the municipal storm water system, receiving waters, or waters of the State.

“Nonstorm water discharge” means any discharge to the storm water system that is not composed entirely of storm water.

“Person” means 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. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

“Point source” means any discernible, confined, and discrete conveyance, including but not limited to pipes, ditches, channels, tunnels, or conduits, from which pollutants are or may be discharged to a receiving water(s).

“Pollutant” means any material or substance which may alter the chemical, physical, biological, and/or radiological condition of the waters of the State.

“Pollution” means the human-made or human-induced contribution of any pollutant into the municipal storm water system, receiving waters, or waters of the State.

“Post-construction storm water quality” means the quality of storm water runoff, after construction is complete, from a development or redevelopment project.

“Post-construction storm water quality facility” means permanent storm water infrastructure incorporated into a development or redevelopment project designed to reduce pollutant loads and runoff velocity from impervious surfaces, and which may also include improvements constructed to reduce the quantity of storm water runoff leaving the site.

“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Property owner (owner)” means the person(s) or entity(ies) holding legal title to the subject property.

“Redevelopment” means a project that alters or improves the “footprint” of an existing site and/or building. Redevelopment includes the replacement, alteration, or upgrade of an impervious surface that is not part of a routine maintenance activity.

“Storm water fund” means an enterprise fund through which the cost of providing utility service will be primarily user fee financed and is analogous in its structure and operation to other enterprise funds maintained by the City, such as the sewer and water funds.

“Storm water system” means any watercourse or facility by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems or ditches, 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. The municipally owned portion of the storm water system may also be referred to as a municipal separate storm sewer system (MS4).

“Storm water” means any surface flow, runoff, and drainage consisting entirely of water from precipitation events.

“Toxic” means any substance or combination of substances listed as toxic in regulations promulgated by the Environmental Protection Agency in Section 307(a)(1) of the Clean Water Act or Title III Section 313 of the Superfund Amendments and Reauthorization Act.

“Vegetated post-construction storm water quality facility” means a post-construction storm water quality facility wherein the primary means of storm water treatment is by filtration through soil and plant material. This may also be referred to as a low-impact development (LID) facility.

“Water or waters of the State” means all natural waterways, intermittent streams, constantly flowing streams, lakes, wetlands, and all other navigable and nonnavigable bodies of water which are wholly or partially within or bordering the State or within its jurisdiction.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently, and, if the latter, with some degree of regularity. Watercourses may be either natural or artificial. (Ord. 166, passed 12-10-2019)