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In this chapter, unless the context clearly requires otherwise, the following terms shall have the meanings specified below:

(1) "Aquatic sediment" means a surface sediment overlain by an aquatic environment; a solid, fragmented, particulate material transported and deposited by wind, water, ice or chemically precipitated from solution and/or secreted by organisms; forming deposits of loose, unconsolidated layers in which the void spaces are occupied by fresh, marine or brackish water.

(2) "Best management practices" or "BMPs" means physical objects, structures, managerial practices, or behaviors, that when used singly or in combination, eliminate or reduce the introduction of contaminants to stormwater, receiving waters, or groundwater.

(3) "Clean Water Act" means the federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as now existing or hereafter amended.

(4) "Constructed stormwater control facility" means any type of catch basin or drainage facility for which maintenance standards are set forth in Volume VI of the Drainage Manual.

(5) "Constructed stormwater control facilities regulated by the county’s Phase I NPDES municipal stormwater permit" means those constructed stormwater control facilities that discharge into the county’s storm sewer system and are thereby subject to the operation and maintenance program mandated by Special Condition S5.C.10 of the county’s Phase I NPDES municipal stormwater permit.

(6) "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.

(7) "Department" means the department of conservation and natural resources or the department of planning and development services, unless otherwise specified.

(8) "Director" means the director of the department of conservation and natural resources or the department of planning and development services, unless otherwise specified.

(9) "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.

(10) "Ecology" means the Washington State Department of Ecology.

(11) "EPA" means the United States Environmental Protection Agency.

(12) "Groundwater" means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

(13) "National Pollutant Discharge Elimination System" or "NPDES" means the national program authorized under the Clean Water Act for controlling pollutants from point and nonpoint source discharges into waters of the United States.

(14) "National Pollutant Discharge Elimination System permit" or "NPDES permit" means a permit issued by Ecology or the EPA to implement the requirements of the Clean Water Act.

(15) "Natural drainage system" means the physical beds and boundaries of receiving waters, including those natural drainage systems that have been altered by human actions.

(16) "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.

(17) "Person(s) responsible" or "responsible person(s)" means the person(s) obligated to remediate a particular violation, and includes all of the following persons:

(a) The fee owner(s) of the real property on which the violation exists or occurred;

(b) The tenant(s), licensee(s) or other person(s) entitled to use, occupy or otherwise control the real property on which the violation exists or occurred;

(c) The person(s) who performed or committed the acts or omissions causing or leading to the violation (if applicable); and

(d) Any other person(s) responsible for the violation under applicable law.

(18) "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 unincorporated county, including those for which the physical beds and boundaries have been altered by human actions.

(19) "Snohomish County Drainage Manual" or "Drainage Manual" means the manual adopted by rule pursuant to chapter 30.63A SCC, and any amendments thereto, as described in SCC 7.54.060.

(20) "Stormwater" means surface water runoff resulting from rainfall, snowmelt, or other precipitation, prior to discharge to a receiving water or groundwater.

(21) "Violation" means the occurrence of any of the following:

(a) Failure to properly inspect or maintain a constructed stormwater control facility as required by SCC 7.54.080;

(b) Failure to comply with any other requirement established in this chapter; or

(c) Performing or allowing the performance of any act prohibited by this chapter. (Added by Amended Ord. 13-022, Apr. 17, 2013, Eff date Apr. 28, 2013; Reenacted by Ord. 19-009, Apr. 10, 2019, Eff date Apr. 21, 2019; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021; Amended by Amended Ord. 21-025, June 16, 2021, Eff date July 1, 2021).