The rules and regulations set forth in Texas Pollutant Discharge
Elimination System (TPDES) General Permit No. TXR150000 relating to
construction sites that discharge stormwater associated with construction
activity located in the state and adopted by the state commission
on environmental quality and effective March 5, 2018, as they may
be amended from time to time, are hereby adopted by the city and incorporated
herein by reference thereto as if set forth in full herein, and shall
govern and regulate stormwater discharges associated with construction
activity within the city. A copy of Texas Pollutant Discharge Elimination
System (TPDES) General Permit No. TXR150000 is attached to the ordinance
from which this section derives as exhibit A and incorporated herein
for all purposes.
(Ordinance 2893 adopted 1/28/19)
Unless the context indicates otherwise, words and phrases contained
in this article shall be as set forth in TPDES General Permit No.
TXR150000. In addition, the following words and phrases shall have
the following meanings as used in this article:
The state commission on environmental quality, including
all of its departments and divisions, or its successor agency.
That general permit to discharge wastes under the provisions
of section 402 of the Clean Water Act, as it may be amended from time
to time.
(Ordinance 2893 adopted 1/28/19)
No person shall commence construction activities on land located
within the city that may result in disturbing an area equal to or
greater than one (1) acre or less than one (1) acre as part of a larger
common plan of development of land prior to preparing and obtaining
approval of a stormwater prevention plan (the "plan") in compliance
with part III of TPDES General Permit No. TXR150000 or obtaining a
waiver of such requirement from TCEQ. As part of the plan, the public
works director or designee may require a construction site waste management
plan to identify the waste to be generated on the construction site
and provide responsibility for its timely removal and disposition.
(Ordinance 2613 adopted 1/27/14)
(a)
New
development and redevelopment projects that disturb an area greater
than or equal to one acre of land, including projects less than one
(1) acre that are part of a larger common plan of development or sale,
and discharge stormwater into the city's MS4, shall implement structural
and/or non-structural best management practices ("BMP") to minimize
impacts to water quality.
(b)
BMP
published by the stormwater joint task force or by Environmental Protection
Agency (EPA) guidance documents may be utilized to comply with this
section.
(c)
The owner of the construction site described in subsection (a) of this section shall submit a post-construction stormwater management plan that incorporates the BMP to minimize water quality impacts prior to issuance of any permits.
(d)
All
BMP shall be submitted to the public works director or her duly authorized
representative for review and approval for construction sites on property
located within the jurisdiction of the city, prior to the utilization
of the proposed BMP.
(Ordinance 2613 adopted 1/27/14)
(a)
The owner of the construction site described in section 3.11.004 shall operate and maintain, and shall be solely responsible for the operation and maintenance of, the structural and/or non-structural BMP on the owner's construction site as the BMP were designed and approved.
(b)
The
public works director, or such other city employee as may be designated
by the public works director, shall have the authority to require
the issuance of a performance bond, payable to the city, if it is
deemed necessary to achieve compliance with this article.
(c)
The
public works director, or other city employee as may be designated
by the public works director, shall have the authority to require
the owner or operator of a construction site, development, or redevelopment,
to provide proof that the owner has obtained financial assurances
sufficient to operate and maintain the structural and/or non-structural
BMP previously approved by the public works director for the length
of time that the structural and/or non-structural BMP will be utilized
at the construction site.
(Ordinance 2613 adopted 1/27/14)
(a)
The
public works director, or other city employee as may be designated
by the public works director, shall have the authority to serve a
written notice of violation upon any person who is found to have violated,
or who continues to violate, any provision of this article, or any
order issued hereunder.
(b)
Not
later than seven (7) days after the issuance of a notice of violation
served pursuant to this section, the person served with the notice
of violation shall submit to the city authority issuing the notice
of violation an explanation of the circumstances that resulted in
the described violation and a plan for the satisfactory correction
and prevention of reoccurrence of the described violation, which explanation
shall include specific actions to be taken by the alleged violator.
(c)
If
the recipient of a notice of violation denies that any violation of
this article has occurred or contends that no corrective action is
necessary, such person shall submit to the public works director a
written explanation of the basis of any such denial or contention
not later than seven (7) days following issuance of the notice of
violation.
(d)
Submission of a written plan or explanation as provided in subsection (b) shall not be a defense to any alleged liability for any violations occurring before or after receipt of the notice of violation.
(e)
Nothing
in this section shall limit the authority of the city to take any
action, including emergency action or any other enforcement action,
prior to issuing a notice of violation.
(Ordinance 2613 adopted 1/27/14)
(a)
The
public works director, or such other city employee as may be designated
by the public works director, shall have the authority to issue a
stop work order to the owner and/or operator of a construction site
upon finding that the owner or operator has violated, or continues
to violate, any provision of this article, which stop work order shall
be posted at the construction site.
(b)
Unless written exception is made by the public works director, a stop work order issued pursuant to subsection (a) shall prohibit any further construction activity and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue construction or to assume occupancy at the construction site, new development, or redevelopment.
(c)
The
issuance of a stop work order pursuant to this section shall not preclude
nor serve as a prerequisite for taking any other action against the
recipient of the stop work order.
(d)
A
stop work order issued pursuant to this section may be rescinded only
by the public works director, or other city employee designated by
the public works director, provided that the owner or operator of
the construction site to which the stop work order applies has:
(1)
Paid a reinspection fee to the city in accordance with the current
fee schedule of the city;
(2)
Provided written documentation indicating that all violations set
forth in the stop work order have been corrected; and
(3)
Received from the city, following reinspection, written acknowledgement
that all violations have in fact been corrected.
(Ordinance 2613 adopted 1/27/14)
(a)
Any
person, firm or corporation violating any of the provisions or terms
of this article shall, upon conviction, be punished by a fine not
to exceed the sum of two thousand and no/100 dollars ($2,000.00) for
each offense and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
(b)
The
city may institute any appropriate actions or proceeding in a court
of competent jurisdiction to enjoin the violation of this article.
Nothing in this article shall preclude the city from seeking any and
all injunctive or other relief allowed by state law even if a criminal
complaint has been filed based on the same incident or event.
(Ordinance 2613 adopted 1/27/14)
In the event stricter rules or regulations are set forth elsewhere
in this code or are otherwise promulgated by the TCEQ or the EPA regarding
the same subject matter affected by this article, then the more stringent
regulations shall apply.
(Ordinance 2613 adopted 1/27/14)
In the event any other provision of this code relating to stormwater
pollution or discharge from a construction site irreconcilably conflicts
with the provisions of this article, the provisions of this article
shall be controlling.
(Ordinance 2613 adopted 1/27/14)
In-city municipal utility districts may be included in the city's
MS4 permit provided; the in-city municipal utility district enters
into an interlocal agreement with the city and pay the fees set forth
in the interlocal agreement.
(Ordinance 2642 adopted 6/9/14)
