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For purposes of sections 6.401 through 6.645, unless the context requires otherwise words and phrases shall have the meaning ascribed to them. In interpreting the meaning of words in a definition, other definitions of that word in this Code may be considered.

BOD (Biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.

City Manager. The city manager of the City of Eugene, or the city manager’s designee.

City sewer. The stormwater and wastewater systems of the city of Eugene. This includes, but is not limited to, facilities owned by other public agencies to the extent the city is contractually obligated.

City stormwater system. Those stormwater facilities located on city-owned property, city right-of-way, city easements and any stormwater facility the city is contractually or legally obligated to operate and maintain, including but not limited to:

(a) An open drainage way, headwater stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto city-owned property or into city maintained facilities;

(b) A pipe or sewer and its related appurtenances that convey stormwater and have been designed and constructed expressly for use by the general public and accepted by the city;

(c) Streets, curbs and gutters and other surfaces in the public way which are designed to carry stormwater, roadside drainage ditches along unimproved city streets but not access drive culverts; and

(d) Flood control and stormwater quality facilities (levees, dikes, overflow channels, conveyance swales, infiltration facilities, stormwater facilities, water quality facilities, detention basins, retention basins, dams, pump stations, groundwater recharge basins, sediment basins, vegetated buffers, wetlands, etc.) that have been designated, and constructed expressly for use by the general public and accepted by the city.

City wastewater system. A treatment works as defined by section 212 of the Act as defined in section 6.506 of this code. This definition includes any publicly owned sewer that conveys wastewater to the treatment plant, whether or not a part of the regional sewerage facilities as defined in the Intergovernmental Agreement executed by the cities of Eugene and Springfield and Lane County as of July 1, 1991 (Intergovernmental Agreement), but does not include the city stormwater system.

Construction activity. An activity used in the process of developing, redeveloping, enhancing, or maintaining land, including, but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials.

Construction related materials. Potential water quality pollutants that are used or created during construction activities including, but not limited to, off-site deposits of sediments by vehicles (e.g., tracking, spilling), building material wastes (e.g., scrap metals, rubber, plastic, glass, masonry, wood; paints and thinners; packaging materials; insulation, plaster grout); hazardous substances (e.g., petroleum products, cleaning solvents, chemical additives, concrete curing compounds, acids for cleaning masonry surfaces, paints, thinners); and concrete washout.

Construction site management plan (CSMP). A set of maps, data, drawings, specifications and narrative that describes expected runoff from new construction sites, and establishes best management practices or equivalent measures to be taken for preventing erosion and controlling sediments, surface runoff and other pollutants from construction activities. For purposes of sections 6.401 through 6.645, the CSMP serves as the City of Eugene’s equivalent requirement to the Erosion Sediment Control Plan (ESCP) required by the Oregon Department of Environmental Quality and the Stormwater Pollution Prevention Plan (SWPPP) required by the United Stated Environmental Protection Agency.

Customer. Any person responsible who is authorized to request sewer service, or who is receiving sewer service from the city, or who is responsible for the payment of the charge for sewer service.

Development. Any man-made change to improved or unimproved real property including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Dewatering. The removal and disposal of surface water or groundwater during construction or for the purpose of facilitating construction.

Duplex. A building under single ownership which is designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities for each family.

Dwelling unit. A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and sanitary facilities.

Emergency condition. An immediate danger to life, property, or the environment due to circumstances beyond the control of the property owner including, but not limited to, natural and human-caused disasters such as fires, floods, slides, earthquakes, sinkholes and tree blow-down.

Equivalent service unit or ESU. A common measure of impervious surface which is 1,000 square feet and which is used as the basis for calculating the stormwater service charge for a customer.

Fully developed property. A parcel of land that contains buildings, pavement, and other facilities, including landscaped areas, and due to these uses the parcel cannot be further developed.

General stormwater customer. Any person responsible who uses stormwater service except a customer with small residential property or medium residential property.

General wastewater customer. (For the regional wastewater treatment service portion of wastewater service charge):

(a) Low strength. A customer with combined BOD and SS loadings less than or equal to 400 milligrams per liter (mg/1).

(b) Medium strength. A customer with combined BOD and SS strengths greater than 400 mg/1 and less than or equal to 800 mg/1.

(c) High strength. A customer with a combined BOD and SS wastewater strength of greater than 800 mg/1 and less than or equal to 1,200 mg/1.

(d) Very high strength. A customer with a combined BOD and SS wastewater strength of greater than 1,200 and less than or equal to 1,600 mg/1.

(e) Super high strength. A customer with a combined BOD and SS wastewater strength of greater than 1,600 mg/1.

Impervious surface. Any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from conditions pre-existing to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, driveways, parking lots or concrete or asphalt surfaces.

Improved premises. Any area which the city manager determines has been altered such that the runoff from the site is greater than that which could historically have been expected. “Improved premises” includes all impervious surfaces in public ways that are not part of the city stormwater system.

Industrial strength. Any user with a combined BOD and SS strength greater than 800 mg/1 and who is engaged in manufacturing and processing activities. Such users may be required to pay a surcharge for waste loadings in excess of 200 mg/1 for both BOD and SS.

Industrial waste or trade waste. Liquid wastes from industrial processes including suspended solids.

Jurisdictional wetland. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and similar areas. Any parcel or portion of a parcel which meets the state or federal definition of wetlands that are under the jurisdiction of state or federal laws. Synonymous with “wetland.”

Minor recurring activities. Repetitive minor construction, maintenance and operational activities on existing infrastructure that are performed as part of an overall work plan or program when no individual disturbance exceeds more than 500 square feet of land area and 50 cubic yards of fill or excavated material. Examples include, but are not limited to, connections and extensions of utility service, repair of utility and infrastructure facilities, and maintenance of stormwater facilities’ drainage capacity.

Mobile waste hauler. A person who, by contract or otherwise, collects wastewater, including domestic waste and septage waste, for transportation to and discharge into any portion of the city wastewater system. “Domestic waste” and “septage waste” as used herein have the meaning found in section 6.506.

Open drainage way. A natural or man-made course, ditch or channel which has the specific function of transmitting stormwater from a point of higher elevation to a point of lower elevation.

Person. An individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government, including any agency thereof.

Person responsible. The owner, agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property or the supervision of a construction project on the property.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Regional wastewater treatment service. The services provided to the city by the Metropolitan Wastewater Management Commission or its successor for the transportation, treatment and disposal of wastewater.

Residential property: medium. Property developed only with a single family dwelling with a foot print of more than 1,000 square feet but less than 3,000 square feet (including garage). Property developed only with a duplex with a total foot print of more than 2,000 square feet but less than 6,000 square feet (including garage(s)) shall be treated as two medium residential properties.

Residential property: small. Property developed only with a single family dwelling with a foot print of 1,000 square feet or less (including a garage). Property developed only with a duplex with a total foot print of 2,000 square feet or less (including garage(s)) shall be treated as two small residential properties.

Retention system. A stormwater facility which the city engineer has determined does not discharge or substantially reduces the discharge, into the city stormwater system.

Runoff control. Any measure or facility approved by the city engineer by which stormwater runoff from land surfaces on which development exists is reduced.

Sensitive areas. Those places that are highly susceptible to erosion or sedimentation.

Sewer. A pipe or a conduit for carrying wastewater or stormwater.

Sewer service. Includes wastewater service, stormwater service and regional wastewater treatment service, or any of them.

Sewerage system. The equipment, pipe line network and facilities as are needed for and are pertinent to the collection, transmission, treatment retention and disposal of wastewater or stormwater.

Single family dwelling. A building designed or used for the occupancy of one family, with housekeeping facilities for only one family. This includes each family dwelling in separate ownership even though it is attached by a common wall to one or more single family dwellings at the property line of an adjoining lot.

Stormwater. Stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater facilities. Any structure or configuration of the ground that is used or by its location becomes a place where stormwater flows or is accumulated including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, water quality facilities, wetlands and their appurtenances.

Stormwater related natural resource areas. Areas located within or adjacent to the city’s stormwater system, such as waterways, wetlands, conservation zones or easements and riparian areas, which, due to their location, topography, vegetation, or other factors provide one or more of the following stormwater functions: flood control, streambank stabilization and water quality treatment, including pollutant removal, shading and temperature stabilization.

Stormwater service. The use of the city’s stormwater system including, but not limited to, collection of stormwater discharged from property on which development exists and its deposit directly or indirectly into the city stormwater system.

Stormwater sewer. A sewer or open channel which carries stormwater into which wastewater is not intentionally admitted.

Suspended solids or SS. Solids that either float on the surface or are suspended in water, wastewater or other liquids and which are removable by laboratory filtering.

Transient rooms, motels, hotels, and student quarters. A building or portion thereof containing four or more sleeping rooms customarily occupied as a more or less temporary sleeping place for persons for which compensation is paid. “Student quarters” include but are not limited to a dwelling unit consisting of four or more rooms used for both living and sleeping purposes designed around a core kitchen and intended primarily for occupancy by unrelated individuals, whether or not the unit is occupied by students.

Wastewater. Water-carried human, animal or industrial waste together with such stormwater as may be present.

Wastewater service. The use of the city wastewater system including, but not limited to, collecting of wastewater discharged from property and its deposit directly or indirectly into the city wastewater system, or having a wastewater sewer available as provided in section 6.471 of this code and failing to connect thereto within the time prescribed.

Wastewater sewer. A sewer which carries wastewater, into which stormwater is not intentionally admitted.

Water user. Except for public water districts that purchase water at bulk rates, the owner, occupant, or other person authorized to request services or responsible for the payment therefor of any property or facility inside or outside the city using water directly or indirectly provided by the Eugene Water & Electric Board or by another water utility or district.

Wetland. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and similar areas. Any parcel or portion of a parcel which meets state or federal definition of wetlands that are under the jurisdiction of state or federal laws. Synonymous with “jurisdictional wetland.”

(Section 6.406, formerly Section 6.405, added by Ordinance No. 19130, enacted April 13, 1983; amended by Ordinance No. 19791, enacted July 8, 1991; amended by Ordinance No. 19913, enacted April 26, 1993, effective May 26, 1993; portions of former 6.405 incorporated and amended by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; Ordinance No. 22052, enacted June 24, 1996, effective July 24, 1996; Ordinance No. 20067, enacted October 16, 1996, effective November 15, 1996; Ordinance No. 20177, enacted November 8, 1999, effective December 8, 1999; Ordinance No. 20301, enacted November 10, 2003, effective December 10, 2003; Ordinance No. 20385, enacted May 29, 2007, effective June 30, 2007; and Ordinance No. 20570, enacted December 12, 2016, effective January 19, 2017.)