The purpose and objectives of this article are as follows:
(1)
To maintain and improve the quality of surface water within the City
of Lubbock, the State of Texas, and the water of the United States
insofar as each is within the corporate boundaries of the City of
Lubbock, or subject to or otherwise affected by acts of the City of
Lubbock or its residents, or otherwise required by TPDES Stormwater
Permit No. WQ0004773000.
(2)
To prevent the discharge of contaminated stormwater runoff from industrial,
commercial, residential, and construction sites into storm sewers
and natural waters within the City of Lubbock.
(3)
To facilitate proper management of post-construction stormwater runoff
to minimize damage to public and private property and infrastructure,
safeguard the public health, safety, environment, and general welfare,
and protect water resources. This purpose is accomplished by the following
actions:
(4)
To promote public awareness of the hazards involved in the improper
or illegal discharge of hazardous substances, petroleum products,
household hazardous waste, industrial waste, sediment from construction
sites, pesticides, herbicides, fertilizers, and other contaminants
into the natural inlets of the city.
(5)
To promote recycling of used motor oil, and safe disposal of other
hazardous consumer products or waste by-products.
(6)
To facilitate compliance with state and federal standards and permits
by owners and operators of industrial and construction sites within
the city.
(7)
To enable the city to comply with all federal and state laws and
regulations applicable to stormwater discharges.
(8)
To establish legal authority to carry out all inspections, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with applicable permits.
(1983 Code, sec. 30-1; Ordinance
2008-O0095, sec. 1, adopted 11/20/2008; Ordinance 2020-O0056, sec. 1,
adopted 4/28/2020)
Except as otherwise provided herein, the stormwater engineer
shall administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the stormwater engineer
may be delegated by the stormwater engineer to other city personnel
as appropriate.
(1983 Code, sec. 30-2; Ordinance
2008-O0095, sec. 1, adopted 11/20/2008)
The following abbreviations when used in this article shall
have the designated meanings:
|
BMP
|
Best Management Practices
|
|
CFR
|
Code of Federal Regulations
|
|
EPA
|
United States Environmental Protection Agency
|
|
HHW
|
Hazardous Household Waste
|
|
mg/l
|
Milligrams per liter
|
|
MS4
|
Municipal Separate Storm Sewer System
|
|
NOC
|
Notice of Change
|
|
NOI
|
Notice of Intent
|
|
NOT
|
Notice of Termination
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
RQ
|
Reportable Quantity
|
|
SARA
|
Superfund Amendments and Reauthorization Act of 1986
|
|
SWP3
|
Stormwater Pollution Prevention Plan
|
|
TPDES
|
Texas Pollutant Discharge Elimination System
|
|
USC
|
United States Code
|
(1983 Code, sec. 30-3; Ordinance
2008-O0095, sec. 1, adopted 11/20/2008)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the United States. BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
The City of Lubbock, Texas, or the City Council of Lubbock.
Pertaining to any business, trade, industry, or other activity
engaged in for profit.
The initial disturbance of soils associated with clearing,
grading, or excavating activities or other construction-related activities
(e.g., stockpiling of fill material, demolition).
Construction activities including clearing, grading, and
excavating that are subject to TPDES general construction permits.
It does not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, and original purpose
of a ditch, channel, or other similar stormwater conveyance. Additionally,
it does not include the routine grading of existing dirt roads, asphalt
overlays of existing roads, the routine clearing of existing right-of-ways,
and similar maintenance activities.
The drainage, release, or disposal of pollutants in stormwater
and certain non-stormwater from areas where soil disturbing activities
(e.g., clearing, grading, excavation, stockpiling of fill material,
and demolition), construction materials or equipment storage or maintenance
(e.g., fill piles, borrow area, concrete truck washout, fueling),
or other industrial stormwater directly related to the construction
process (e.g., concrete or asphalt batch plants) are located.
Any construction site required by the Clean Water Act to
operate within the limits of a TPDES permit to discharge stormwater
associated with construction activity.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or into waters of the United States. This includes,
but is not limited to, household hazardous waste, used motor vehicle
fluids, and collected quantities of grass clippings, leaf litter,
and animal wastes.
Any person who causes, allows, permits, or is otherwise responsible
for, a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Human excrement, gray water (from household drains, bathing,
showers, dishwashing, and food preparation) and waterborne waste normally
discharged from the sanitary conveniences of dwellings (including
apartment houses and hotels), office buildings, factories, and institutions,
that is free from industrial waste.
That manual adopted and approved by the city council that
establishes requirements for drainage plans, drainage analyses, drainage
design, and construction in newly developing or redeveloping areas.
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency, or commission that
may succeed to the authority of the EPA, and any duly authorized official
of EPA or such successor agency.
Any substance listed in the appendices to 40 CFR part 355,
Emergency Planning and Notification, as amended, or its successor
rule.
Any building, structure, installation, process, industrial
facility, construction site or activity required by the Clean Water
Act to have a permit to discharge stormwater associated with industrial
or construction activity.
A formal contract between the City and a property owner establishing
the responsible party for long-term maintenance of stormwater management
practices.
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as "grease" or "greases."
The status when all soil disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of at least 70% of the native background vegetative cover
for unpaved areas and areas not covered by permanent structures has
been established, or equivalent permanent stabilization measures (such
as the use of riprap gabions, or geotextiles) have been employed.
The fire department of the City of Lubbock, or any duly authorized
representative thereof.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
areas and other flood areas and the risk premium zones applicable
to the community.
Means uncontaminated ground water that enters an MS4 (including
storm sewer service connection and foundation drains) from the ground
by way of defective pipes, pipe joints, connections, or manholes.
The amount of any substance that will cause pollution of
surface water in the state, waters of the United States, the municipal
stormwater drainage system, or that will present or may present imminent
and substantial damage to the environment or to the health or welfare
of persons.
Any material generated in a household (including single and
multiple residences, hotels and motels, bunk houses, ranger stations,
crew quarters, camp grounds, picnic grounds, and day-use recreational
areas) which, except for any exclusion provided in 40 CFR part 261.4(b)(1),
would be classified as a hazardous waste under 40 CFR part 261.
Any substance listed in table 302.4 of 40 CFR part 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR part 261.
All contiguous land, and structures, other appurtenances
and improvements on the land, used for the treatment, disposal, or
recovery of hazardous waste.
Any manmade conveyance connecting an illicit discharge directly
to a municipal separate storm sewer.
Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except discharges pursuant to an NPDES or TPDES permit (other than the NPDES or TPDES permit for certain discharges from the municipal separate storm sewer), discharges resulting from fire fighting activities, and other allowable non-stormwater discharges detailed in section 22.11.031(b)(1)-(16).
Any facility required by the Clean Water Act to have a permit
to discharge stormwater associated with industrial activity subject
to TPDES industrial permits as defined in 40 CFR part 122.26(b)(14).
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade,
or business.
That part of any stormwater lake area within the corporate
limits or in the extraterritorial jurisdiction of the city, the perimeter
of which has been established by the city engineer at substantially
the overflow elevation for overflow playas and the 500-year, 24-hour
predicted peak water surface elevation for non-overflow playas. The
lake area can either reside in its natural state or be modified through
a cut and fill plan.
That plan adopted and approved by the city council that establishes
the regulatory water surface elevation for playa lakes and rates of
overflow between lakes for certain areas studied within the corporate
limits of the city and certain areas within the city’s extraterritorial
jurisdiction.
The technology-based discharge standard form MS4 established
by section 402(p) of the Federal Clean Water Act.
Any cleaning done for cosmetic purposes with the use of a
mobile wash apparatus. It does not include industrial cleaning, cleaning
associated with manufacturing activities, hazardous or toxic waste
cleaning, or any cleaning otherwise regulated under federal, state,
or local laws.
An area of land or an excavation in which municipal solid
waste is placed for permanent disposal, and which is not a land treatment
facility, a surface impoundment, an injection well, or a pile (as
these terms are defined in regulations promulgated by the Texas Water
Commission).
The system of conveyances (including roads with drainage
systems, municipal streets, alleys, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) owned and operated by
the city and designed or used for collecting or conveying stormwater,
and which is not used for collecting or conveying sewage.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, including but
not limited to garbage, rubbish, ashes, street debris, dead animals,
abandoned automobiles, and other solid waste other than industrial
solid waste.
A permit issued by EPA (or by the state under authority delegated
pursuant to 33 USC section 1342(b)) 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.
Written notification to the executive director of TCEQ from
a discharger authorized under the industrial general permit or the
construction general permit, providing changes to information that
was previously provided to the TCEQ in a notice of intent form.
The notice of intent for stormwater discharges that is required
by either the industrial general permit or the construction general
permit.
The notice of termination for stormwater discharges that
is required by either the industrial general permit or the construction
general permit.
Any kind of oil in any form, including, but not limited to,
petroleum, fuel oil or crude oil which is liquid at standard conditions
of temperature and pressure, sludge, oil refuse, and oil mixed with
waste.
The person or persons associated with a large or small construction
activity that is either a primary or secondary operator as defined
below:
The person or persons associated with a large or small construction
activity that meets either of the following two criteria: (1) the
person or persons have operational control over construction plans
and specifications, including the ability to make modifications to
those plans and specifications; or (2) the person or persons have
day-to-day operational control of those activities at a construction
site that are necessary to ensure compliance with a stormwater pollution
prevention plan (SWP3) for the site or other permit conditions (e.g.,
they are authorized to direct workers at a site to carry out activities
required by the SWP3 or comply with other permit conditions).
The person whose operational control is limited to the employment
of other operators or to the ability to approve or disapprove changes
to plans and specifications. A secondary operator is also defined
as a primary operator and must comply with the permit requirements
for primary operators if there are no other operators at the construction
site.
A document which provides for the long-term maintenance of
stormwater management practices.
The person who owns a facility or part of a facility or the
deed holder of the land upon which the stormwater facility resides,
to be determined by the most recently approved city tax roll.
All practices and facilities employed to meet and maintain
stormwater runoff quantity and quality requirements after site development
has been completed.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
Any of several naturally occurring broad, shallow, roughly
circular depressions of varying sizes and depths that serve as natural
detention basins for stormwater flows within the city or its extraterritorial
jurisdiction (ETJ). (See lake area.)
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, or agricultural waste
discharged into water. The term "pollutant" does not include tail
water or runoff water from irrigation or rainwater runoff from cultivated
or uncultivated range land, pasture land, and farm land.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the state that renders
the water harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to the public health, safety, or welfare,
or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Activities and operations performed after the Notice of Termination
for a development or redevelopment project has been filed and approved.
Activity occurring at an industrial facility or construction
site, which qualifies the facility or site to acquire a permit to
discharge stormwater under the Clean Water Act.
For any "hazardous substance," the quantity established and listed in table 302.4 of 40 CFR part 302; for any "extremely hazardous substance," the quantity in 40 CFR part 355 and listed in appendix A thereto.
The system of pipes, conduits, and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to the city sewage treatment
plant (and to which stormwater, surface water, and groundwater are
not intentionally admitted).
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
The domestic sewage and/or industrial waste that is discharged
into the city sanitary sewer system and passes through the sanitary
sewer system to the city sewage treatment plant for treatment.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
Construction activities including clearing, grading, and
excavating that result in land disturbance of equal to or greater
than one (1) acre and less than five (5) acres of land. Small construction
activity also includes the disturbance of less than one (1) acre of
total land area that is part of a larger common plan of development
or sale if the larger common plan will ultimately disturb equal to
or greater than one (1) and less than five (5) acres of land. Small
construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the site (e.g., the routine grading of existing
dirt roads, asphalt overlays of existing roads, the routine clearing
of existing right-of-ways, and similar maintenance activities.)
The State of Texas.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
An area dedicated for the primary use of stormwater impoundment.
Undeveloped open space activities may also exist. Stormwater detention
basins may be under public or private ownership.
The discharge from any conveyance which is used for collecting
and conveying stormwater, and which is directly related to manufacturing,
processing, or raw material storage areas at an industrial plant which
is within one or more of the categories of facilities listed in 40
CFR part 122.26(b)(14), and which is not excluded from EPA’s
definition of the same term.
The person appointed to the position of stormwater engineer,
the City Engineer, or his/her duly authorized representative(s).
Any physical facility built to control stormwater runoff
in compliance with the Lubbock Drainage Criteria Manual.
A plan required by either the construction general permit
or the industrial general permit, and which describes and ensures
the implementation of practices that are to be used to reduce the
pollutants in stormwater discharges associated with construction or
other industrial activity at the facility.
Lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the
Gulf of Mexico inside the territorial limits of the state (from the
mean high water mark (MHWM) out 10.36 miles into the Gulf), and all
other bodies of surface water, natural or artificial, inland or coastal,
fresh or salt, navigable or non-navigable, and including the beds
and banks of all water-courses and bodies of surface water, that are
wholly or partially inside or bordering the state or subject to the
jurisdiction of the state; except that waters in treatment systems
which are authorized by state or federal law, regulation, or permit,
and which are created for the purpose of waste treatment are not considered
to be water in the state.
The environmental agency for the state.
The multisector general permit issued by the TCEQ on August
14, 2006 as TPDES General Permit No. TXR050000, and any subsequent
modifications or amendments thereto.
The construction general permit issued by the TCEQ on March
5, 2003 as TPDES General Permit No. TXR150000, and any subsequent
modifications or amendments thereto.
Any oil that has been refined from crude oil, or synthetic
oil, that, as a result of use, storage, or handling, has become unsuitable
for its original purpose because of impurities or the loss of original
properties but that may be suitable for further use and is recyclable
in compliance with state and federal law.
Spent or used water with dissolved or suspended solids, that
has been discharged from homes, commercial establishments, farms,
or industries.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 31 of the Texas Administration Code.
All waters which are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide; all
interstate waters, including interstate wetlands; all other waters
such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes,
wet meadows, playa lakes, or natural ponds that the use, degradation,
or destruction of which would affect or could affect interstate or
foreign commerce including any such waters: (1) which are or could
be used by interstate or foreign travelers for recreational or other
purposes; (2) from which fish or shellfish are or could be taken and
sold in interstate or foreign commerce; or (3) which are used or could
be used for industrial purposes by industries in interstate commerce;
all impoundments of waters otherwise defined as waters of the United
States under this definition; all tributaries of waters identified
in this definition; all territorial sea; and all wetlands adjacent
to waters (other than waters that are themselves wetlands) identified
in this definition. Waste treatment systems, including treatment ponds
or lagoons designed to meet the requirements of CWA (other than cooling
ponds as defined in 40 CFR part 423.11(m) which also meet the criteria
of this definition) are not waters of the United States. This exclusion
applies only to manmade bodies of water which neither were originally
created in waters of the United States (such as disposal area in wetlands)
nor resulted from the impoundment of waters of the United States.
Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area’s status as prior
converted cropland by any other federal agency, for the purposes of
the Clean Water Act, the final authority regarding Clean Water Act
jurisdiction remains with the EPA. Any waters within the federal definition
of "waters of the United States" at 40 CFR part 122.2.
An area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
(1983 Code, sec. 30-4; Ordinance
2008-O0095, sec. 1, adopted 11/20/2008; Ordinance 2019-O0166, sec. 1,
adopted 12/3/2019; Ordinance
2020-O0056, sec. 2, adopted 4/28/2020)
(a)
No person shall intentionally introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of stormwater, unless it is composed entirely of one or more of the categories of discharges listed in subsection (b) of this section and the non-stormwater discharges in the city’s MS4 permit. Any direct connection to a city-owned storm sewer shall only occur after prior written authorization is obtained from the stormwater engineer.
(b)
Notwithstanding the general prohibition in subsection (a) of this section, any discharge composed entirely of one or more of the following categories of discharges is permissible (unless a determination and notice pursuant to subsection (c) of this section has been given):
(1)
Discharges authorized by, and in full compliance with, a separate
NPDES or TPDES permit;
(2)
Water line flushing or disinfection that contains no harmful quantity
of total residual chlorine (TRC) or any other chemical used in line
disinfection;
(3)
Landscape irrigation;
(4)
Diverted stream flows;
(5)
Rising ground waters;
(7)
Uncontaminated pumped groundwater;
(8)
A discharge or flow from a potable water source not containing any
harmful substance or material;
(9)
Foundation drains;
(10)
Air conditioning condensation that is unmixed with water from a cooling
tower, emissions scrubber, emissions filter, or any other source of
pollutant;
(11)
Irrigation water;
(12)
Springs;
(13)
Water from crawl space pumps;
(14)
Footing drains or sump pumps;
(15)
Lawn watering;
(16)
Street wash water;
(17)
Individual residential vehicle washing;
(18)
Wash water using only potable water and which are similar in quality
and character to street wash water or individual residential vehicle
washing but without the use of detergents or surfactants;
(19)
Flows from riparian habitats or playa lakes and wetlands;
(20)
Charitable car washes;
(21)
Agricultural stormwater runoff.
(c)
No exception shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the stormwater engineer to be a source of a pollutant or pollutants to the MS4 or to the waters of the United States, notice of such determination has been provided to the discharger, and the discharge has continued after the expiration of the time given in the notice to cease the discharge. The correctness of the stormwater engineer’s determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.
(1983 Code, sec. 30-51; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
(a)
The specific prohibitions and requirements in this section are not necessarily inclusive of all the discharges prohibited by the general prohibition in section 22.11.031.
(b)
No person shall introduce or cause to be introduced into the MS4
any discharge that causes or contributes to causing the city to violate
a water quality standard, the city’s TPDES permit, or any state-issued
discharge permit for discharges from its MS4.
(c)
The construction, connection, use, maintenance or continued existence
of any illicit connection to the MS4 is prohibited.
(d)
Connections that were permissible when originally installed but that
are now considered illicit, must be brought into compliance within
30 days of notification.
(e)
It shall be a violation of this article for any person to intentionally
deposit, discharge, dispose, drain, dump, emit, empty, leak, leach,
pump, pour, spill, throw or otherwise introduce or cause to be introduced
into the MS4, or any storm sewer manhole, catch basin, private drain,
ditch, street, gutter, creek, stream, tributary, playa lake or any
other drainage device which connects with or drains into the MS4,
any of the following described materials or substances within the
corporate limits of the City of Lubbock:
(1)
Any oil, antifreeze or any other petroleum product or waste;
(2)
Any industrial waste;
(3)
Any direct discharge of concrete truck washout water.
(4)
Any hazardous waste, including hazardous household waste;
(5)
Any domestic sewage or septic tank waste;
(6)
Any wastewater from a commercial carwash facility;
(7)
Any wastewater from street washing or other cosmetic cleaning that
contains any soap, detergent, solvent, degreaser, emulsifier, dispersant,
or any other harmful cleaning substance, unless all harmful quantities
of such released material has been previously removed;
(8)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler;
(9)
Any substance or material that will damage, block, or clog the MS4.
(10)
Any intentional disposal of grass clippings, leaves or other vegetation
into any gutter, street, sidewalk, or other drainage device that connects
with or drains into the MS4;
(11)
Superchlorinated potable water from water line flushing and disinfection;
(12)
Any acid waste materials or alkaline waste materials;
(13)
Any water or waste containing fats, oils, grease, free-floating,
or insoluble oil;
(14)
Any gasoline, naphtha, fuel oil, mineral oil or other flammable or
explosive liquid, solid or gas;
(15)
Any noxious, malodorous, poisonous, or reactive substance which,
either singularly or by interaction with other substances, or by its
accumulation in the MS4 becomes injurious or potentially injurious
to human, plant or animal life, or property;
(f)
No person shall introduce or cause to be introduced into the MS4
any harmful quantity of concrete, asphalt, sediment, silt, earth,
soil, or other material associated with clearing, grading, excavation
or other construction activities in excess of what could be retained
on site or captured by employing sediment and erosion control measures
to the maximum extent practicable.
(g)
No person shall connect a line conveying sanitary sewage, domestic
or industrial, to the MS4, or allow such a connection to continue.
(h)
Regulation of pesticides, herbicides, and fertilizers.
(1)
No person shall use or cause to be used any pesticide, herbicide,
or fertilizer in any manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(2)
No person shall dispose of, discard, store, or transport a pesticide,
herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer
container, in a manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(i)
Used oil regulation.
It shall be a violation of this
article for a person to:
(1)
Intentionally discharge or dispose of used motor vehicle fluids (including
motor oil and antifreeze) into the MS4 or a sewer, drainage system,
septic tank, surface water, groundwater, or water course;
(2)
Knowingly mix or commingle used oil with solid waste that is to be
disposed of in a landfill or directly dispose of used oil on land
or in a landfill; or
(3)
Intentionally apply used oil to a road or land for dust suppression,
weed abatement, or other similar use that introduces used oil into
the environment.
(1983 Code, sec. 30-52; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
(a)
Spills or leaks of polluting substances discharged to or having the
potential to be indirectly transported to the MS4 shall be contained,
controlled, collected and removed promptly. All affected areas shall
be restored to their preexisting condition. Any costs of the containment,
control, collection, removal or restoration incurred by the City of
Lubbock shall be reimbursed to the city by the person or persons associated
with the spill or leak.
(b)
Persons associated with the spill or leak shall immediately notify
the City of Lubbock of spills or leaks containing polluting substances.
Notification shall not relieve the responsible person(s) of any expense,
loss, damage, or other liability which may be incurred as a result
of the release, including any liability for damage to the city, to
natural resources, or to any other person or property; nor shall such
notification relieve the responsible person of any fine, penalty,
or other liability which may be imposed pursuant to this article or
to state or federal law.
(c)
Any person operating a vehicle that causes or results in an accidental
discharge or release to the MS4 shall be responsible to reimburse
the City of Lubbock for any incurred costs resulting from any testing,
containment, cleanup, abatement, removal and disposal of contamination.
(1983 Code, sec. 30-53; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
[1]
Editor’s note–Former section pertaining
to mobile wash cleaning, was repealed and deleted in its entirety
by Ordinance 2022-O0142 adopted 10/11/2022. Prior to the deletion, this section
derived from the following: 1983 Code, sec. 30-54 and Ordinance 2008-O0095, sec. 1, adopted 11/20/2008.
(a)
Process.
Stormwater pollution prevention plan (SWP3) shall be submitted for review in accordance with NPDES or TPDES permit requirements and this article. Any operator desiring TPDES permit coverage shall submit to the stormwater engineer a stormwater plan review application on a form provided by the City of Lubbock Stormwater Management Department along with a copy of the SWP3 and the fee as established by subsection (b). Should the plan review process exceed ten (10) business days, construction activities may commence under the submitted SWP3. Once the plan review is complete, any necessary changes will be made to the SWP3 at the project site.
(b)
Stormwater plan review fees.
All applications for stormwater
plan review approval shall be accompanied by the appropriate processing
fee. The fee for review shall be a flat fee set annually in the city's
budget ordinance.
(1983 Code, sec. 30-55; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008; Ordinance 2022-O0142 adopted 10/11/2022)
(a)
Applicability for industrial and construction activity.
(1)
This section applies to all facilities and construction sites located
within the city limits or otherwise subject to the regulatory authority
of the City of Lubbock that have stormwater discharges associated
with industrial activity or construction site activity.
(2)
State of Texas regulations require that subject facilities apply
for and obtain general permits for industrial facilities (TPDES TXR050000)
and construction sites (TXR150000) that have been determined to contribute
or have the potential to contribute substantial pollutant loads to
the municipal stormwater drainage system or waters of the state. The
general permits require that the permittee develop, implement, and
maintain a stormwater pollution prevention plan (SWP3) and submit
a notice of intent notifying the TCEQ and the municipal stormwater
drainage system operator (City of Lubbock).
(3)
The MS4 permit issued to the City of Lubbock by the TCEQ mandates that the City of Lubbock "Carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance with permit conditions" (Part III (E)(6)) and implement a program that includes "Inspection of construction sites and enforcement of control measure requirements" (Part III (B)(9)(b)).
(4)
To meet these requirements the City of Lubbock must enter onto the
premises of industrial and construction sites to inspect, monitor,
and conduct surveillance of requirements mandated by the TCEQ. These
requirements include, but are not limited to:
(A)
Review of the facilities SWP3 with on-site conditions;
(B)
Evaluation of best management practices to effectively prohibit the
discharge of non-stormwater to the municipal stormwater drainage system;
(C)
Inspection for illicit connections and illicit discharges;
(D)
Self-inspection compliance; and
(E)
Compliance with the city’s MS4 permit and the facilities subject
general permit (TXR150000 or TXR050000).
(b)
Access to industrial facilities and construction sites.
(1)
The intent of facility inspections shall be to determine compliance
with the conditions of the city’s TPDES permit, any applicable
NPDES or TPDES general permits and this article. Facility and construction
site owners and operators shall allow the stormwater engineer ready
access to applicable sections of public and private premises for the
sole purpose of inspection, surveillance, and monitoring for the presence
of illegal discharges to the municipal stormwater drainage system,
illicit connections to the municipal stormwater drainage system, and
assessment of any portions of a regulated facility influenced by stormwater
runoff that may adversely affect the municipal stormwater drainage
system and/or waters of the United States.
(2)
Admittance to the facility or construction site shall be requested
at a reasonable time during normal working hours unless it is determined
by the stormwater engineer that imminent and substantial danger exists.
(3)
The owner or operator shall make all necessary arrangements to allow
access to the stormwater engineer.
(4)
In the event the owner or operator refuses entry after a request
to enter and inspect has been made, the city is hereby empowered to
seek assistance from any court of competent jurisdiction in obtaining
such entry.
(5)
The stormwater engineer retains the authority to collect samples
and photographs from stormwater outfalls or other components of the
MS4 as may be deemed appropriate in the administration and enforcement
of this article.
(6)
The stormwater engineer shall have the authority to set up on subject
facilities such devices as are necessary in the opinion of the stormwater
engineer to conduct monitoring of the facilities stormwater discharge.
(7)
The stormwater engineer or the designated inspector must present
appropriate credentials to the facility officials at the time of entry
to a facility.
(c)
Review and modification of stormwater pollution prevention plans
(SWP3).
(1)
The stormwater engineer retains the authority to request for review
any documents or plans, including but not limited to SWP3, spill prevention
control plans, hazardous material plans, and waste management documentation
from a regulated facility or construction site that the stormwater
engineer reasonably believes may affect stormwater discharges to the
municipal stormwater drainage system.
(2)
The stormwater engineer may require an operator of a regulated facility
or construction site to modify its SWP3 if, in the best professional
judgment of the stormwater engineer, the SWP3 does not comply with
the requirements of the facilities NPDES or TPDES permit to discharge
stormwater associated with industrial or construction activity.
(3)
The deficiencies in a facility’s SWP3 will be communicated
in writing, and the stormwater engineer will provide the operator
a reasonable amount of time, not to exceed thirty (30) days, to make
the necessary changes in the SWP3.
(d)
Review and modifications of best management practices (BMPs).
(1)
Any person engaged in activities or operation, or owning facilities
or property, which will or may result in pollutants entering the MS4
or waters of the United States by means of wind and/or precipitation,
shall implement BMP’s to the MEP to prevent and reduce such
pollutants. The owner or operator of a regulated facility shall provide
reasonable protection from accidental discharge of prohibited materials
or other wastes into the MS4 or waters of the United States. Practices
implemented to prevent accidental discharge of prohibited materials
or other wastes shall be provided and maintained at the owner or operator’s
expense.
(2)
The City of Lubbock will maintain a list of approved BMP’s
within the City of Lubbock’s Drainage Criteria Manual. The stormwater
engineer may request a demonstration of the effectiveness of implemented
BMP’s.
(3)
The stormwater engineer may require an operator of a regulated facility
to modify its BMP’s if, in the best professional judgment of
the stormwater engineer, the BMP’s do not provide effective
protection from accidental discharge of prohibited materials or other
wastes from entering into the municipal stormwater drainage system
or waters of the United States.
(4)
The deficiencies in a facilities BMP’s will be communicated
in writing, and the stormwater engineer will provide the operator
a reasonable amount of time, not to exceed sixty (60) days, to make
the necessary changes in the BMP’s. Permit time requirements
for controlling pollutants in runoff shall remain applicable.
(e)
Compliance with permit.
(1)
A facility or construction site shall be operated in strict compliance
with the requirements of the subject TPDES permit to discharge stormwater
associated with industrial or construction site activity.
(2)
A person commits an offense if the person operates a facility or
construction site in violation of the requirements of the subject
NPDES/TPDES permit to discharge stormwater associated with industrial
or construction site activity.
(1983 Code, sec. 30-56; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
(a)
Applicability.
This section applies to all facilities
located within the city limits or otherwise subject to the regulatory
authority of the City of Lubbock that have stormwater discharges associated
with construction activity.
(b)
General requirements.
(1)
All operators of construction sites shall use BMP’s to control
and reduce the discharge to the MS4 and to waters of the United States,
of sediment, silt, earth, soil, and other material associated with
the clearing, grading, excavation, and other construction activities
to the MEP.
(2)
Operators shall minimize, to the extent practicable, the off-site
vehicle tracking of sediments and the generation of dust. The SWP3
shall include a description of controls to accomplish this requirement.
(3)
The operator shall retain copies of any SWP3 and all reports required
by this article or by the TPDES permit for the site, and records of
all data used to complete the NOI, for a period of at least three
years from the date that the site meets the definition of final stabilization.
(c)
Submission of notice of intent and/or construction site notice.
(1)
An operator of a construction site required to have a TPDES permit
to discharge stormwater associated with construction activity shall
submit a copy of the notice of intent (NOI) and construction site
notice to the stormwater engineer contemporaneously with submittal
of the original notice of intent to TCEQ as required by part II.E.3
of the construction general permit.
(2)
The operator of a construction site, which does not require an NOI,
is required to submit, per TCEQ’s TPDES general permit for construction
sites, a construction site notice to the operator of the municipal
stormwater drainage system.
(3)
If relevant information provided in the NOI changes, a notice of
change (NOC) must be prepared and implemented in accordance with the
requirements of the construction general permit or any individual
or group TPDES permit issued for stormwater discharges from the construction
site. A copy of the NOC must be provided to the stormwater engineer
within fourteen (14) days of discovery of the change.
(4)
Prior to the submittal of a notice of termination (NOT), the operator
of the construction site shall first notify the stormwater engineer
to request an inspection of the construction site for approval of
final stabilization. After final inspection approval, the operator
of the construction site shall submit to TCEQ and the stormwater engineer
a notice of termination (NOT) that includes the information required
by part II section F of the construction general permit.
(5)
If there is a transfer of ownership from the applicant to an owner
occupant of a residential lot covered by a TPDES permit than a final
inspection will be required. The applicant will also be required to
submit documentation that the resident has been made aware of the
requirements for proper stabilization of any remaining unstabilized
portion of the residential lot.
(6)
The copy of the notice of intent and/or construction site notice
may be delivered to the stormwater engineer either in person or by
mailing it to:
|
Notice of Intent to Discharge Stormwater
Stormwater Management Department
PO Box 2000
Lubbock, Texas 79457
|
(1983 Code, sec. 30-57; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
(a)
Applicability.
This section applies to all facilities
located within the city limits, or that are otherwise subject to the
regulatory authority of the City of Lubbock, that have stormwater
discharges associated with industrial activity.
(b)
General requirements.
All operators of (1) municipal
landfills; (2) other treatment, storage, or disposal facilities for
municipal waste, including but not limited to transfer stations and
incinerators; (3) hazardous waste treatment, storage, disposal, and
recovery facilities; (4) industrial facilities that are subject to
section 313 of title III of EPCRA; and (5) industrial or commercial
facilities that the stormwater engineer reasonably determines are
contributing a substantial pollutant loading to the MS4, which are
sources of stormwater discharges associated with industrial activity,
shall comply with the following requirements:
(1)
Any operator requiring coverage for stormwater discharge associated
with industrial activity under the TPDES general permit for stormwater
discharges associated with industrial activity (Industrial General
Permit No. TXR050000) shall submit a signed copy of its notice of
intent (NOI) to the stormwater engineer contemporaneously with submittal
of the original NOI to the TCEQ. If industrial activity is already
underway, the NOI shall be submitted to the stormwater engineer within
thirty (30) days from the effective date of this article.
(2)
If relevant information provided in the NOI changes, a notice of
change (NOC) must be prepared and implemented in accordance with the
requirements of the industrial general permit or any individual or
group NPDES or TPDES permit issued for stormwater discharges from
the industrial facility. A copy of the NOC must be provided to the
stormwater engineer within fourteen (14) days of discovery of the
change.
(3)
Where all stormwater discharges associated with industrial activity
that are authorized by this article, and by the TPDES permit for those
discharges from industrial activities, are eliminated, or where the
operator of stormwater discharges associated with industrial activity
at a facility changes, the operator of the facility shall submit to
the stormwater engineer a notice of termination (NOT) that includes
the information required for notices of termination by part II.C.6
of the industrial general permit.
(4)
The city’s MS4 permit requires that all industrial facilities listed in section 22.11.038(b) be subject to site inspections of no less frequently than once per permit term (5 years). The stormwater engineer retains the authority to inspect these industrial facilities as often as deemed necessary to assure permit compliance and safety of the MS4 and surface waters of the United States.
(5)
Industrial or commercial facilities that the stormwater engineer
determines is contributing a substantial pollutant load to the MS4
shall submit self-monitoring data to the city on an annual basis.
Submittal date of self-monitoring data shall be determined by the
stormwater engineer.
(6)
An industrial facility may submit a "no exposure" certification to
the city in lieu of self-monitoring; however, any facility operating
under a "no exposure" certification is subject to periodic facility
inspections (not less than once per permit term (5 years) to verify
the facilities "no exposure" exemption. The inspection may be waived
by the city for facilities that participate in the TCEQ’s Small
Business and Local Government Assistance Compliance Commitment Program.
(7)
The stormwater engineer retains the authority to conduct inspections
on any industrial facility subject to the TCEQ’s TPDES multi-sector
general permit or has been deemed to be, or has potential to be, contributing
a substantial pollutant load to the MS4 in order to determine compliance
and ensure safety of the MS4 and waters of the United States.
(8)
Operators must submit monitoring results to the stormwater engineer
upon his/her request for discharges subject to the semi-annual or
annual monitoring requirements of part III of the industrial general
permit.
(9)
Copies of the NOI, NOC, NEC, NOT may be delivered to the stormwater
engineer either in person or by mailing it to:
|
Notice of Intent to Discharge Stormwater
Stormwater Management Department
PO Box 2000
Lubbock, Texas 79457
|
(c)
Facilities operating with a TPDES or NPDES individual permit.
(1)
The facility shall operate in accordance with all requirements of
the appropriate TPDES or NPDES individual permit.
(2)
Upon inspection of the facility, the stormwater engineer may notify the operator or owner at any time that facility operations do not meet the requirements of the appropriate TPDES or NPDES individual permit or any additional requirements imposed by or under this section or other city ordinances. Such notification shall be in writing and shall identify those provisions of the permit or ordinance that are not being met, and clearly identify the changes necessary to meet such requirements. Within thirty (30) calendar days of such notification from the stormwater engineer, the operator or owner shall make the required changes and submit to the stormwater engineer a written certification that the changes have been implemented. If compliance is not achieved to the city’s satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or TCEQ, and/or the city may itself undertake any enforcement action authorized by sections 22.11.040 or 22.11.041 of this article. Exercise of the city’s option for consultation under this subsection shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.
(3)
Copies of all sampling data and analyses reports required by the
appropriate TPDES or NPDES individual permit shall be submitted to
the stormwater engineer at the same time that such reports are submitted
to the EPA or TCEQ, unless otherwise notified in writing by the stormwater
engineer.
(1983 Code, sec. 30-58; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008)
(a)
All permanent stormwater facilities must be designed to meet the
criteria and specifications of the Lubbock Drainage Criteria Manual
and/or Integrated Stormwater Management Manual (iSWMTM). Stormwater
runoff quality after development or redevelopment of the property
should not exceed pre-development conditions, to the greatest extent
practicable. The city reserves the right to inspect all stormwater
facilities for compliance with maintenance guidelines.
(b)
All owners of a permanent stormwater facilities shall submit to the
city an operations and maintenance plan as directed in the Lubbock
Drainage Criteria Manual.
(1)
Operations and maintenance plan requirements.
(A)
The operations and maintenance plan must clearly identify the person(s)
responsible for operations and maintenance of temporary and permanent
BMPs to ensure proper and continuous function. The operations and
maintenance plan and records of all maintenance tasks as performed
shall be retained on site.
(2)
Adherence with local guidelines.
Activities outlined
in the operations and maintenance plan shall adhere to all design
criteria in the Lubbock Drainage Criteria Manual and/or Integrated
Stormwater Management Manual (iSWMTM) regarding operation and maintenance
of stormwater facilities. Inspection and maintenance requirements
may be altered or increased if the City deems it necessary to maintain
the proper function of the stormwater facility.
(3)
Transfer of ownership.
Cleaning and repair of permanent
BMPs should be completed before transfer of ownership.
(Ordinance 2020-O0056, sec. 3, adopted 4/28/2020)
(a)
Enforcement responsibility.
The stormwater engineer
or his/her designee shall have the responsibility for enforcement
of the provisions of this article. The duties of such designee shall
include the responsibility of ensuring that all facilities and construction
sites conform with this article and to any other applicable state
and federal laws, requirements and regulations of this Code of Ordinances,
or otherwise of the City of Lubbock. The city manager shall have the
authority to adopt policies and procedures consistent with the terms
of this article necessary to implement its provisions.
(b)
Violations.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. Any person who has violated or continues to violate the provisions
of this article, will be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated
in a manner provided by law. The penalties set forth herein are nonprogressive,
and may be assessed in any order.
(c)
Nuisances.
(1)
An actual or threatened discharge to the MS4 or waters of the United
States that violates or would violate this article shall be deemed
a nuisance.
(2)
A line conveying sanitary sewage or designed to convey sanitary sewage
that is connected to the MS4 or waters of the United States shall
be deemed a nuisance.
(3)
Any premises upon which mobile wash cleaning wastewater has accumulated
and which is emitting noxious or offensive odors, or which is creating
an unsanitary condition, or which is injurious to the public health
or the environment, shall be deemed a nuisance.
(4)
If city inspection personnel discover malfunctioning or improperly
maintained post-construction stormwater facilities, or facilities
that have become a danger to public safety, shall be deemed a nuisance.
(d)
Notice of violations/administrative appeals, interpretations, and
variances.
(1)
If the stormwater engineer determines that there is a violation of
this article, written notice shall be served upon the property owner,
operator of record, or responsible party of the construction site
or facility.
(2)
The notice shall specify the measures, as appropriate, required to
attain full compliance with this article, and further shall specify
the time within which such measures shall be completed. Failure by
the property owner, operator of record, or responsible party of the
construction site or facility to comply within the time specified
shall be deemed to be a violation of this article subject to the penalties
outlined herein.
(3)
Any appeals or interpretations of, or variances to, administrative
decisions of the stormwater engineer shall first be to the director
of public works, then to the permit and license appeal board, then
to a court of competent jurisdiction, including municipal court.
(4)
Written request for an appeal, interpretation or variance of an administrative
decision must be made within ten (10) days of receipt of violation
or claim.
(e)
Stop-work orders.
(1)
The stormwater engineer shall retain the authority to issue stop-work
orders for any construction site in violation of this article.
(2)
If the stormwater engineer determines that compliance subsequent
to a notice of violation is not being attained, that a construction
site is operating in a dangerous or unsafe manner, or that conditions
exist at a construction site that may lead to an illicit discharge,
upon written notice of an issuance of a stop-work order, such work
or conditions shall be immediately terminated or remedied. Written
notice of such notice shall be provided to the property owner, operator
of record, or responsible party of the construction site and shall
state the conditions under which work may be resumed. However, where
an emergency exists which may result in discharge of hazardous materials
or other discharges which pose an immediate threat to health and safety,
or are likely to result in immediate injury and harm to property,
natural resources, wildlife, or habitat written notice shall be delivered
as soon as practicable.
(3)
Failure to comply with a stop-work order shall be deemed to be a
violation of this article subject to the penalties outlined herein.
(f)
Penalties and violations.
(1)
Violations of provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with approval of variances) shall constitute an offense punishable by a fine not to exceed $2,000.00 per violation per day. Any person who violates this article shall upon conviction thereof be fined in accordance with section 1.01.004 general provisions of this code. Each day such violation continues shall be considered a separate offense.
(2)
The owner or operator of any facility, construction site, structure,
premises, or part thereof, and any architect, builder, contractor,
agent, or other person who commits, participates in, assists in, or
maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided.
(3)
Nothing herein contained shall prevent the city from taking such
other lawful action as is necessary to prevent or remedy any violation.
(1983 Code, sec. 30-59; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008; Ordinance 2016-O0056 adopted 4/28/2016; Ordinance 2020-O0056, sec. 3, adopted 4/28/20)
(a)
Injunctive relief.
When the stormwater engineer finds
that a person has violated, or continues to violate, any provision
of this article, or any order issued hereunder, the stormwater engineer
may petition any court of competent jurisdiction, as appropriate,
which restrains or compels the specific performance by that person
of any requirement imposed by this article or any order issued hereunder.
The stormwater engineer may also seek such other action as is appropriate
for legal and/or equitable relief, including a requirement for a violator
to conduct environmental remediation, abatement, or restoration. A
petition for injunctive relief shall not be a bar against, or a prerequisite
for, taking any other action against a violator.
(b)
Penalties.
Any person who has violated any provision of this article, or any order issued hereunder, shall, upon conviction, be punishable by a fine not to exceed two thousand dollars ($2,000.00) per violation per day, or any greater fine that is authorized by state law, as provided by section 1.01.004 general provisions of this code.
(c)
Civil suit under the Texas Water Code.
Whenever it appears
that a violation of any provision of section 26.121 of the Texas Water
Code, or any rule, permit, or order of the TCEQ, has occurred or is
occurring within the jurisdiction of the City of Lubbock, exclusive
of its extraterritorial jurisdiction, the city, in the same manner
as the TCEQ, may have a suit instituted in a state district court,
through its attorney, for the injunctive relief or civil penalties
or both authorized in chapter 7 of the Texas Water Code, against the
person who committed or is committing or threatening to commit the
violation. This power is exercised pursuant to chapter 7 of the Texas
Water Code, and in suits brought thereunder, the TCEQ shall be a necessary
and indispensable party.
(d)
Remedies nonexclusive.
The remedies provided for in
this article are not exclusive. The city may take any, all, or any
combination of these actions against a violator. The city is empowered
to take more than one enforcement action against any violator. These
actions may be taken concurrently. All remedies are cumulative.
(1983 Code, sec. 30-60; Ordinance 2008-O0095, sec. 1, adopted 11/20/2008; Ordinance 2020-O0056, sec. 4,
adopted 4/28/2020)
