(1) “Administrator” means as further defined in PCC 10.32.030

(2) “Applicant” 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, who is responsible under this Chapter for filing the application, paying the fees, reporting to the City or Administrator, scheduling inspections, filing as built drawings and requesting the stormwater certification of completion. It can mean the owner, developer, responsible engineer and contractors or subcontractors who must comply with illicit discharge detection and elimination (Chapter 10.31), erosion and sediment control plan or a stormwater pollution prevention plan until issuance of the stormwater system certificate of completion. Following issuance of the stormwater certification of completion, maintenance of the stormwater system will be the duty of the property owner.

(3) “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and structural or managerial 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.

(4) “CESCL (Certified Erosion and Sediment Control Lead)” is the person designated as the responsible representative in charge of erosion and sedimentation control. The CESCL shall be qualified in construction site erosion and sediment control regulatory requirements and BMPs, and shall have thorough knowledge and understanding of the Construction Stormwater Pollution Prevention Plan (SWPPP) for the project site and shall have a current Ecology approved certification.

(5) “Channel” means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

(6) “Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site.

(7) “Common Plan of Development” means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. Examples include: phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g. a development where lots are sold to separate builders); a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining permit requirements.

(8) “Detention” means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage with the goal of controlling peak discharge rates.

(9) “Development” means new development, redevelopment, or both. See definitions below.

(10) “Drainage facility(ies)” means any facility, including best management practices, installed or constructed for the purpose of controlling the flow, quantity, and/or quality of drainage water. Drainage facilities include, but are not limited to, all types of catch basins, pipes, detention ponds, biofiltration swales, and other structural and nonstructural components that handle surface or shallow subsurface water.

(11) “Drainage system” means a system to collect, convey and control release of only drainage water. The system may serve public or private property. It includes constructed and/or natural components such as drainage facilities, ditches and streams.

(12) “Drainage water” means stormwater, snow melt, surface water, surface and irrigation runoff, water from roof and footing drains and other City approved drains installed in compliance with this title and rules which may be adopted hereunder. Other water which is not an illicit discharge as defined in PCC 10.31 shall be considered drainage water if it drains from the exterior of a building or structure, a pervious or impervious surface, or undeveloped land, or by surface or shallow subsurface flow.

(13) “Ecology” means the Washington State Department of Ecology.

(14) “EPA” means the federal Environmental Protection Agency.

(15) “Erosion” means the wearing away of the ground surface as a result of mass wasting or the movement of wind and/or water.

(16) “Erosion and Sediment Control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the project site.

(17) “Erosion and Sediment Control BMPs” means BMPs that are intended to reduce erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, silt fences, inlet protection, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs.

(18) “Erosion and Sediment Control Plan” or “ESC Plan” means a set of plans indicating the specific measures and sequencing to be used to control sediment and erosion on a project site during and after project activities. The ESC Plan shall be implemented beginning with initial soil disturbance and continue until final stabilization. Each ESC Plan shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained together with the name of the principal contact at such firm.

(19) “Grading” means any excavation, filling, or combination thereof, modification of land contours and/or modification of channels or drainage areas. Grading is subject to the provisions of this Chapter whether or not new development or redevelopment is planned at the project site where grading is conducted.

(20) “Illicit discharge” means any direct or indirect non-stormwater discharge to the Municipal Separate Storm Sewer System (MS4) or waters of the state except as permitted or exempted in PCC 10.31.

(21) “Impervious Surface” means a surface which is covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded or compacted surface, or any other surface which impedes the natural infiltration of surface water.

(22) “Inspector” means the person designated by the City or a third party inspector performing inspections mandated by this Chapter. An inspector will meet the requirements of Ecology sanctioned training programs. At a minimum, inspectors will maintain CESCL certification.

(23) “Land Disturbing Activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, stockpiling materials and excavation.

(24) “Large Projects” are development projects with land disturbing activities of one acre or more, or projects of less than one acre that are part of a common plan of development or sale. A local stormwater permit is required for Large Projects. Additionally, Large Projects must also determine whether they are subject to the requirements of Ecology’s NPDES Construction Stormwater General Permit.

(25) “Local Stormwater Permit (Local SW Permit)” is a permit issued by the City for Medium and Large projects and for projects that have additional environmental conditions described in Section 10.32.060(3).

(26) “Medium Projects” are development projects that disturb 5,000 square feet or more but less than one acre through land disturbing activity, including the cumulative acreage of the entire project whether in a single or in a multiphase project. A local stormwater permit is required for Medium Projects.

(27) “MS4” (Municipal Separate Storm Sewer System) means the system of conveyances including sidewalks, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, detention facilities, storm drains or any other facilities owned and operated by the City and designed or used for collecting, conveying or treating stormwater.

(28) “National Pollutant Discharge Elimination System (NPDES) Phase II Permit” means the “Eastern Washington Phase II Municipal Stormwater Permit” issued by the Washington State Department of Ecology with an effective date of February 16, 2007 and subsequent reissues.

(29) “NPDES Construction Stormwater General Permit” means the statewide general permit for construction activities administered by Ecology. All projects disturbing one acre or more of ground and having the potential to discharge directly or indirectly to waters of the state must seek coverage under the permit or meet erosivity waiver criteria.

(30) “New Development” means any of the following activities: construction of a new building or other structure; expansion or alteration of an existing structure that results in an increase in the footprint of the building or structure; land disturbing activities; creation or expansion of impervious surface; and subdivision and short subdivision of land as defined in Pullman City Code (PCC 13.0 – Plats and Subdivisions); Commercial agriculture practices are not considered new development.

(31) “Non-stormwater Discharge” means any discharge to the stormwater drainage system that is not composed entirely of stormwater.

(32) “Pollutant” or “Pollution” shall be construed to mean such contamination or other alteration of the physical, chemical, or biological properties of any of the waters of the state including change in temperature, taste, color, turbidity, or odor of the waters or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state that will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious, to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life; as defined in RCW 90.48.020 as now existing or hereafter amended.

(33) “PGIS (Pollutant Generating Impervious Surface)” means surfaces that are considered to be significant sources of pollutants in stormwater runoff. Such surfaces include those that are subject to vehicular use, industrial activities, or storage of erodible or leachable materials that receive direct rainfall or run-on or blow-in of rainfall. Metal roofs are considered to be PGIS unless coated with an inert, non-leachable material. Roofs that are subject to venting of indoor pollutants from manufacturing, commercial or other operations or processes are also considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly-used surfaces: roads, un-vegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.

(34) “Project Site” means any lot, parcel of land, street or highway right-of-way, or contiguous combination thereof, where development, land disturbing activity, or grading work is proposed or performed.

(35) “Receiving Water” means bodies of water or surface water systems to which surface runoff is discharged.

(36) “Redevelopment” means further development of a site that is already substantially developed, the replacement or improvement of impervious surfaces, including buildings and other structures, and replacement or improvement of impervious parking and road surfaces that is not part of a routine maintenance activity. Any new impervious surfaces, or any increase to existing impervious surface created by a redevelopment project are subject to the requirements for new development.

(37) “Small Projects” are development projects where land disturbing activities are less than 5,000 square feet and land disturbing activity does not have the potential to disturb or change existing drainage patterns. A local stormwater permit is not typically required for Small Projects, but may be required per Section 10.32.060(3).

(38) “Source Control BMPs” means a structure or operation intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Source control BMPs are separated into two types. Structural source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater.

(39) “Stabilization” means the use of practices that prevent exposed soil from eroding.

(40) “Stop Work Order” means an order issued by the Administrator or designee that requires that all activity violating this Chapter or a permit granted under this Chapter on a project/construction site be stopped.

(41) “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater drainage system into a defined surface water body.

(42) “Stormwater Management” means the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes that affect water quality and habitat.

(43) “SWPPP” (Stormwater Pollution Prevention Plan) or “Construction SWPPP” means a set of plans prepared indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. Plans and specifications that involve “structures, equipment, or processes required to collect, carry away, treat, reclaim or dispose of industrial wastewater”, including contaminated stormwater, must be prepared under the supervision of a registered professional engineer (P.E.) licensed by the State of Washington.

(44) “SSP” (Stormwater Site Plan) is a comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements. Contents of the SSP will vary with the type and size of the project, individual site characteristics, and special requirements of the City.

(45) “Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

(46) “TMDL” (Total Maximum Daily Load) means a process established by the federal Clean Water Act and administered by the Washington State Department of Ecology by which a water clean-up plan is developed for a particular body of water based upon a calculation of the maximum amount of a pollutant that the water body can receive and still meet State water quality standards. Approved TMDLs and their respective required actions are listed in Appendix 2 of the NPDES Phase II Permit.

(47) “Stream” means any portion of a channel, bed, bank, or bottom below the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, stormwater run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse which has been altered by humans.

(48) “Waters of the state” means all lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington as defined in RCW 90.48.

(49) “Wetlands” has the meaning set forth in PCC 16.50.070 (148). (Ord. 11-1 §3, 2011).