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City of Portland

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17.39.020 Definitions.

(Replaced by Ordinance No. 185397; Amended by Ordinance Nos. 186403 and 186902, effective December 26, 2014.)  As used in Chapter 17.39:

A.  “Capacity” means the flow volume or rate for which a specific facility is designed to safely contain, receive, convey, infiltrate, or reduce pollutants from sanitary sewage, stormwater, wastewater, or other discharge in order to meet a specific performance standard. 

B.  “City Storm Sewer and Drainage System” means a City conveyance or system of conveyances, including but not limited to pipes, pumps, drainage ditches, constructed channels, groundwater-related disposal systems, underground injection control devices, stormwater management facilities, and storm drains, that are designed or used to collect and transport stormwater. “City Storm sewer and drainage system” does not include natural streams, creeks, ponds, lakes, a combined sewer, or part of a Publicly Owned Treatment Works, as defined in 40 CFR 122.2.

C.  “Clean Water Act (CWA)” is the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.).

D.  “Code of Federal Regulations (CFR)” means the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.

E.  “Director” means the Director of the Bureau of Environmental Services or the Director's designee.

F.  “Discharge” means is any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking or placing of any material so that such material enters or is likely to enter a waterbody, groundwater or a public sewer and drainage system.

G.  “Discharge Authorization (DA)” means a written approval by the Director which prescribes certain requirements or restrictions for a discharge to the City sewer and drainage system.

H.  “Discharger” means any person who causes or permits a direct or indirect discharge to the City sewer and drainage system.

I.  “Groundwater” means subsurface water that occurs in soils and geological formations that are fully saturated.  Groundwater fluctuates seasonally and includes perched groundwater. 

J.  “Groundwater Discharge” means a discharge of water pumped or directed from the ground. Groundwater discharges include but are not limited to subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, and subsurface water associated with construction or property management dewatering activities.

K.  “Illicit Connection” means any connection to the City’s storm sewer and drainage system not approved by the City or not in compliance with a valid City permit.

L.  “Illicit Discharge” means any discharge to the storm sewer and drainage system that is not composed entirely of stormwater and is not authorized under Sections 17.39.030 or 17.39.050.

M.  “Interference” means a discharge that, alone or in conjunction with other discharges, inhibits or disrupts the normal operation of the City’s storm sewer and drainage system or contributes to a violation of any requirement of the City’s NPDES Municipal Separate Storm Sewer System Discharge Permit.  This includes any increase in the magnitude or duration of a violation, any increase in cost due to damage to the system, and any requirement for specialized treatment of stormwater caused by such a discharge.

N.  “National Pollutant Discharge Elimination System (NPDES)” means the Clean Water Act (40 CFR Part 122) regulations that require dischargers to control and reduce pollutants in discharges to waters of the United States.

O.  “Pollutant” means an elemental or physical material that can be mobilized or dissolved by water or air and that could create a negative impact to human health, safety, or the environment.

P.  “Process Wastewater” means any water used during manufacturing or processing that comes into direct contact with or results from the production, or handling of a raw material, intermediate product, or finished product, including any by-product or waste product. 

Q.  “Representative Sample” means a sample that is collected by grab, composite or other technique that adequately reflects the quality of sediments or discharge for a specific area or entire site. Sampling shall be conducted in accordance with 40 CFR Part 136 or a method approved by EPA or BES. 

R.  “Sampling Manhole” means a monitoring access point, such as a manhole in a sewer lateral, that is acceptable to BES and that allows for observation, sampling, or measurement of all discharges to the City’s sewer or drainage system.

S.  “Stormwater” means water that originates as precipitation on a particular site, basin, or watershed.

T.  “Toxic Substance” means any chemical listed in Oregon’s water quality standards for toxic pollutant tables in OAR, Division 340-041-033; the CWA effluent guidelines list of toxic pollutants at CFR 401.15; or the toxic chemical release reporting specific toxic chemical listings at 40 CFR 372.65 at concentrations specified in those lists or, if no concentration is specified, at concentrations determined pursuant to BES Storm and Drainage Discharge Rules.

U.  “Underground Injection Control (UIC) System” is defined by DEQ as any system, structure, or activity that is intended to discharge fluids below the ground surface, such as sumps, drywells, and soakage trenches.

V.  “UIC Water Pollution Control Facility (WPCF) Permit” means the Safe Drinking Water Act (40 CFR Part 144) and Oregon Administrative Rules (OAR 340-44) regulating the construction and operation of Class V UICs for stormwater discharges.