1. “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.

2. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management 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, physical objects, structures, behaviors, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

3. “Clean Water Act” means the Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

4. “Connection” means a plumbing or hydraulic connection.

5. “Contaminant” means a solid, liquid, or gaseous substance that, if discharged to a drainage facility, natural drainage system, receiving waters or groundwater, will alter the physical, chemical, or biological properties thereof to the extent that the discharge will render the facility, system, or water 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. Contaminants may include, but are not limited to, the following: trash or debris; construction materials; petroleum products including but not limited to oil, gasoline, grease, fuel oil or heating oil; antifreeze and other automotive products; metals in either particulate or dissolved form; flammable or explosive materials; radioactive material; batteries; acids, alkalis, or bases; paints, stains, resins, lacquers, or varnishes; degreasers and solvents; drain cleaners; pesticides, herbicides, or fertilizers; steam cleaning wastes; soaps, detergents, or ammonia; chlorine, bromine, or other disinfectants; heated water; animal wastes; sewage; animal carcasses; food wastes; bark, soils, sediment, rock, and other fibrous materials; collected lawn clippings, leaves, or branches; dyes, except as allowed for water quality and IDDE testing purposes; and wastewater generated by commercial or industrial activities.

6. “Director” means the public works director or his/her designee.

7. “Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour any matter into receiving waters, groundwater, a natural drainage system, or a drainage facility, or to cause or allow matter to be thrown, drained, released, dumped, spilled, emptied, emitted or poured into receiving waters, groundwater, a natural drainage system, or a drainage facility, or to cause or allow matter to flow, run, or seep from land into receiving waters, groundwater, a natural drainage system, or a drainage facility.

8. “Drainage facility” means any part of a manmade physical system designed or constructed to collect, treat, convey, store, or control the flow of stormwater. Drainage facilities include, but are not limited to, stormwater conveyance and containment facilities, including pipelines, constructed channels and ditches, infiltration facilities, retention and detention facilities, stormwater treatment facilities, erosion and sedimentation control facilities, and all other drainage structures and appurtenances.

9. “Ecology” means the Washington State Department of Ecology.

10. “EPA” means the United States Environmental Protection Agency.

11. “Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

12. “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.

13. “Hyperchlorinated” means water that contains more than 10 mg/liter chlorine.

14. “Illicit connections” means any manmade conveyance that is connected to a stormwater drainage system without a permit excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the stormwater drainage system.

15. “Illicit discharge” means any direct or indirect nonstormwater discharge to the stormwater drainage system, except as exempted in MMC 13.34.060 and 13.34.070.

16. “Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

17. “Municipal separate storm sewer system (MS4)” means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

18. “National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by Washington Department of Ecology under authority delegated pursuant to 33 USC 1342(b) (Clean Water Act) 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.

19. “Natural drainage system” means the physical beds and boundaries of receiving waters, including those natural drainage systems that have been altered by human actions.

20. “Nonstormwater discharge” means any discharge to the stormwater drainage system that is not composed entirely of stormwater.

21. “Person” means any natural person, corporation, nonprofit corporation, municipal corporation, government agency, limited liability company, partnership, limited partnership, limited liability partnership, professional services corporation, or any other legally recognized entity.

22. “Person(s) responsible” or “responsible person(s)” has the same meaning as “responsible party” as defined in Chapter 1.04 MMC, and without limitation of the foregoing means the person(s) obligated to avoid, prevent and/or remediate a particular violation, including all of the following persons:

23. “Pollutant” means anything which 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, ordnance, 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; and noxious or offensive matter of any kind.

24. “Receiving waters” means lakes, rivers, ponds, streams, wetlands, brackish or salt waters, portions of Puget Sound, and any other naturally occurring surface waters or watercourses located within the city limits, including those for which the physical beds and boundaries have been altered by human actions.

25. “Source control best management practices” or “source control BMPs” means structures, equipment, supplies, or operations that are 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.

26. “State waste discharge permit” means a permit issued by Ecology in accordance with Chapter 173-216 WAC.

27. “Stormwater” means that portion of precipitation, including without limitation rainfall or snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

28. “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

29. “Stormwater Management Manual for Western Washington (SWMM)” or “Stormwater Manual” means the manual adopted pursuant to Chapter 23.40 MMC.

30. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

31. “Violation” means the occurrence of any of the following: