“Arizona Department of Environmental Quality” or “ADEQ” means the Arizona state agency established pursuant to A.R.S. Section 49-102.

“Arizona Pollutant Discharge Elimination System (AZPDES)” means the program established by the state of Arizona by provisions in A.R.S. Title 49, Chapter 2, Article 3.1 to control the discharge of pollutants to waters in Arizona.

“AZPDES general permit” means a general permit issued by the ADEQ under authority delegated pursuant to 33 U.S.C. 1342(b).

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the MS4. BMPs also include treatment requirements, operating procedures, design requirements, and practices to control runoff, spillage, leaks, waste disposal, or pollution of storm drainage flows.

“City” means the city of Sedona, Arizona.

“Combined sewer” means an enclosed sewer system that conveys both sanitary sewage and storm water flows.

“Construction general permit” means a permit issued by the permitting authority that allows discharges to storm water from construction activities as defined in 40 C.F.R. Section 122.26.

“Construction site operator” means the primary operator of a construction site within the corporate limits of the city.

“CWA” means the Clean Water Act or the Federal Pollution Control Act, 22 U.S.C. Section 1251 et seq.

“Designee” means a person designated for a specific purpose by the city engineer.

“Discharge” means any spilling, leaking, pumping, pouring, emitting, emptying, injecting, placing, releasing, leaching, dumping, or disposing into or on any land in a manner that may cause pollution, when used without qualification.

“EPA” means the United States Environmental Protection Agency.

“Erosion” means the wearing away of land due to the actions of water, other liquid, and/or wind.

“Facility” means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, a discharge.

“Illicit connection” means any manmade conveyance connecting an illicit discharge directly to an MS4.

“Illicit discharge” means any discharge to the MS4 that is not composed entirely of storm water, except for discharges allowed under the AZPDES Permit No. AZG2002-002.

“Maximum extent practicable (MEP)” means the technology based discharge standard for municipal separate storm sewer systems to reduce pollutants in storm water discharges. A discussion of MEP as it applies to small MS4s is found at 40 CFR 122.34. CWA Section 402(p)(3)(B)(iii) requires that a municipal permit shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including best management practices, control techniques and system design, and engineering methods, and other provisions that the state determines appropriate for the control of such pollutants.

“Municipal separate storm sewer system” or “MS4” means a publicly owned conveyance or system of conveyances designed or used for collecting or conveying storm water which is not a combined sewer and which is not part of a publicly owned treatment works.

“Municipal storm water permit” means the AZPDES general permit Arizona Pollutant Discharge Elimination System (AZPDES) storm water permit for discharge from small municipal separate storm sewer systems (MS4s) to waters of the United States. This permit is issued by the Arizona Department of Environmental Quality (ADEQ) under authority delegated pursuant to 33 U.S.C. Section 1342(b).

“National Pollutant Discharge Elimination System (NPDES)” means a permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. Section 1342(b)).

“Non-storm water discharges” means a discharge not consisting entirely of storm water.

“Notice of intent” or “NOI” means that document submitted to the permitting authority in order to obtain coverage under a general permit.

“Permitting authority” means the NPDES-authorized state agency or EPA regional office that administers the NPDES storm water permit program.

“Person” means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity.

“Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: contaminants, toxic wastes, chemicals, petroleum products, biological materials, wrecked or discarded equipment, rocks, sand, 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, floatables, pesticides, herbicides, and fertilizers, hazardous substances and wastes, heat, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure, noxious or offensive matter of any kind, or any other liquid, solid, gaseous, or hazardous substance.

“Pollution” means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or waters of the United States, 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 storm drain system” means all or any part of the publicly owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, and dry wells located within public easements, right-of-way, parks, common areas, retention areas, or other publicly owned or maintained real property designed or used for collecting, holding, treating, or conveying storm water.

“Publicly owned treatment works (POTW)” means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature that is owned by a state or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

“Receiving waters” means a river, ocean, stream, or other watercourse into which wastewater, storm water or treated effluent is discharged.

“Storm water” means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation and which is being managed in accordance with BMPs appropriate to the facility, pollutant, and quantity of water. “Appropriate to the facility” shall mean consideration shall be given to the size, location, zoning, and use.

“Storm water management plan” means a document which describes the best management practices and activities to be implemented by the city to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water drainage systems, and/or receiving waters to the maximum extent practicable. This document may also be designated “storm water quality management plan.”

“Storm water pollution prevention plan (SWPPP)” means a document which describes the best management practices, including but not limited to processes, devices, and activities, to be implemented by a person or business to identify sources, potential or actual, of pollution or contamination at a site and the action to eliminate or reduce pollutant discharges to storm water, MS4, and/or receiving waters to the maximum extent practicable (MEP).

“Wastewater” means any water or other liquid, other than uncontaminated storm water, discharged from a facility.

“Watercourse” means any body of water, including, but not limited to, lakes, ponds, rivers, streams, and washes whether perennial, intermittent or ephemeral.

Waters of the United States. Notwithstanding the determination of an area’s status by the city, state or federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Subject to other determination by EPA, “waters of the United States” shall be deemed to be traditionally navigable waters and their tributaries that have at a minimum continuous seasonal flow or have a significant nexus regarding the chemical, physical or biological integrity of the navigable water. Generally roadside ditches and small washes and gullies characterized by low, infrequent, or low duration flows will not be considered “waters of the United States.” [Code 2006 § 14-1-3. Ord. 2007-17, 11-13-2007; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].