For the purposes of this article, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning, and any words not herein defined shall be construed in the
context used and by ordinary interpretation and not as a word of art:
Any stormwater runoff from orchards, cultivated crops, pastures,
range lands, and other non-point source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 C.F.R. section 122.23 or discharges from concentrated aquatic
animal production facilities as defined in 40 C.F.R. section 122.24.
The City of Glenn Heights, Texas, or its agents.
The federal Water Pollution Control Act or the federal Water
Pollution Control Act Amendments of 1972, Pub. L. 92-500, as amended,
Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117,
33 U.S.C. 1251 et seq., as it exists and as it may be amended.
A city employee or person or entity acting under a contract
with the city, authorized to enforce the provisions of this article
and city ordinances, including but not limited to the building official,
inspector, code enforcement officer, code compliance officer, or his/her
designee.
A signed and certified submission to the operator of the
MS4 (i.e., the city) from an operator of a small construction activity
identifying coverage pursuant to the construction general permit.
Containing a harmful quantity of any substance.
The presence of or entry into a public water supply system,
the MS4, surface water in the state, or waters of the United States
of any substance which may be deleterious to the public health and/or
the quality of the water, as determined by, or pursuant to, federal
or state law.
Curbs, gutters, manmade channels and ditches, drains, pipes,
and other constructed features designed or used for flood control
or to otherwise transport stormwater runoff.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the MS4, surface water in the
state, or waters of the United States.
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.
The U.S. 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 the
EPA or such successor agency.
Any building, structure, installation, process, or activity
from which there is or may be a discharge of a pollutant.
A solid or non-solid substance or compound that contains
an essential plant nutrient element in a form available to plants
and is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality
of a crop, or a mixture of two or more fertilizers. The term does
not include the excreta of an animal, plant remains, or a mixture
of those substances, for which no claim of essential plant nutrients
is made.
Article 5.03, the International Fire Code, of the city code.
The city fire department, or any duly authorized representative
thereof.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
For the purpose of this article, solid waste consisting of
putrescible animal and vegetable waste materials resulting from the
handling, preparation, cooking, and consumption of food, including
waste materials from markets, storage facilities, handling, and sale
of produce and other food products.
For the purposes of this article, groundwater that enters
a municipal separate storm sewer system (including sewer service connections
and foundation drains) through such means as defective pipes, pipe
joints, connections, or manholes.
The amount of any substance that will cause pollution of
surface water in the state or waters of the United States, or that
will cause lethal or sub-lethal adverse effects on representative,
sensitive aquatic monitoring organisms, upon their exposure to samples
of any discharge into surface water in the state, waters of the United
States, or the MS4, as determined by, or pursuant to, federal or state
law.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Waste from materials utilized for residential or housekeeping
purposes containing regulated substances which either singularly or
by their interaction with other wastes or by their accumulation in
the MS4 becomes injurious or potentially injurious to human, plant,
or animal life, or property. For purposes of this article, household
hazardous wastes include but are not limited to paint, paint thinners,
paint solvents, bleaches, and drain cleaners.
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 entirely composed of stormwater.
Any activity subject to the multi-sector general permit.
Construction activities including clearing, grading, and
excavating that result in land disturbance of equal to or greater
than five (5) acres of land. Large construction activity also includes
the disturbance of less than five (5) acres 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 five
(5) acres of land. Large construction activity 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. Large construction activity 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.
A separate storm sewer system owned or operated by the United
States, a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to state law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater,
or other wastes, including special districts under state law such
as a sewer district, flood control district, or similar entity, or
an Indian tribe or an authorized Indian tribal organization, that
discharges to surface water in the state.
The federal program under which the administrator of the
U.S. Environmental Protection Agency can authorize discharges of waste
to waters of the United States according to section 402 of the Clean
Water Control Act, and may also delegate this permitting authority
to the state.
A written submission to the executive director of TCEQ from
an applicant for the multi-sector general permit notifying the applicant’s
intent to obtain a conditional exclusion from permit requirements
by certifying that there is no exposure of industrial material or
activities to precipitation or runoff.
Written notification from a permittee pursuant to the multi-sector
general permit or the construction general permit to the executive
director of TCEQ providing changes to information that was previously
provided to TCEQ in a notice of intent (NOI) or no exposure certification
(NEC) form.
A written submission to the executive director of TCEQ from
an applicant requesting coverage under the multi-sector general permit
or the construction general permit.
A written submission to the executive director of TCEQ from
a permittee authorized under the multi-sector general permit or the
construction general permit requesting termination of coverage.
A permit issued by EPA 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.
The person or persons who, either individually or taken together,
meet the following two criteria:
They have operational control over the facility specifications
(including the ability to make modifications in specifications); and
They have the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirements and any permit conditions.
The person who owns a facility or part of a facility.
Any individual, firm, partnership, association, business,
corporation, or other entity.
A substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, or any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant (as those terms are defined in section 76.001 of the Texas
Agriculture Code).
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, filter backwash, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural waste discharged into any surface water in the state.
The term “pollutant” does not include tail-water or runoff
water from irrigation or rainwater runoff from cultivated or uncultivated
rangeland, pastureland, and farmland. For the purpose of this article,
the term “pollutant” includes sediment.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any surface water in the state
that renders the water harmful, detrimental, or injurious to humans,
animal life, vegetation, or property or to public health, safety,
or welfare, or impairs the usefulness or the public enjoyment of the
water for any lawful or reasonable purpose.
All privately owned, occupied, or unoccupied property, including
vacant land, and/or a building designed or used for residential, commercial,
business, industrial, or religious purposes. The term shall also include
a yard, ground, wall, driveway, fence, porch, steps, or other structure
appurtenant to the property or otherwise known as curtilage.
A treatment works, as defined by section 212 of the Clean
Water Act, owned by the city or other public entity, including any
devices or systems used in the collection, storage, treatment, recycling,
and reclamation of sewage or industrial wastes of a liquid nature
and any sewers, pipes, and other conveyances which convey wastewater
to a treatment plant.
A large construction activity or a small construction activity,
as those terms are defined herein.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the MS4, surface water in the state, or waters of the United
States.
Nonputrescible solid waste, excluding ashes, consisting of
both combustible and noncombustible waste materials. Combustible rubbish
includes paper, rags, cartons, wood, excelsior, furniture, rubber,
plastics, brush, or similar materials; noncombustible rubbish includes
glass, crockery, tin cans, aluminum cans, and similar materials that
will not burn at ordinary incinerator temperatures (1,600 degrees
Fahrenheit to 1,800 degrees Fahrenheit).
Construction activities including clearing, grading, and
excavating that results in land disturbance of equal to or greater
that 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,
and original purpose of a ditch, channel, or other similar stormwater
conveyance. Small construction activity 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.
Refers to a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catchbasins, curbs,
gutters, ditches, manmade channels, or storm drains):
Owned or operated by the United States, a state, city, town,
borough, county, district, association, or other public body (created
by or pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, including
special districts under state law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or a designated
and approved management agency under section 208 of the CWA;
Designed or used for collecting or conveying stormwater;
Which is not a combined sewer;
Which is not part of a publicly owned treatment works (POTW)
as defined in 40 C.F.R. section 122.2; and
Which was not previously authorized under an NPDES or a TPDES
individual permit as a medium or large municipal separate storm sewer
system, as defined at 40 C.F.R. section 122.26(b)(4) and (b)(7).
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This term includes systems similar to separate storm sewer systems
at military bases, large hospitals or prison complexes, and highways
and other thoroughfares. This term does not include separate storm
sewers in very discrete areas, such as individual buildings. A very
discrete system also includes storm drains associated with certain
municipal offices and education facilities serving a nonresidential
population, where those storm drains do not function as a system,
and where the buildings are not physically interconnected to an MS4
that is also operated by that public entity.
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Any garbage, rubbish, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including solid, liquid, semi-solid,
or containing gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
A plan required by either the construction general permit
or the multi-sector general permit 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 nonnavigable, and including the beds and
banks of all watercourses 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 state program for issuing, amending, terminating, monitoring,
and enforcing permits, and imposing and enforcing pretreatment requirements,
under Clean Water Act sections 307, 318, 402, and 405, the Texas Water
Code, and Texas Administrative Code regulations.
The construction general permit issued by TCEQ on February
15, 2008, TPDES General Permit No. TXR150000, as it exists and as
it may be renewed and/or amended.
The multi-sector general permit issued by TCEQ on August
14, 2006, TPDES General Permit No. TXR050000, as it exists and as
it may be renewed and/or amended.
The small MS4 general permit issued by TCEQ on August 13,
2007, TPDES General Permit No. TXR040000, as it exists and as it may
be renewed and/or amended.
A permit issued by TCEQ that authorizes the discharge of
pollutants to surface water in the state and/or waters of the United
States, whether the permit is applicable on an individual, group,
or general area-wide basis.
Not containing a harmful quantity of any substance, as determined
by, or pursuant to, federal or state law.
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.
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:
Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
From which fish or shellfish are or could be taken and sold
in interstate or foreign commerce; or
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;
The territorial sea; and
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this definition.
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Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of the CWA (other than cooling ponds
as defined in 40 C.F.R. section 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 areas 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 CWA, the final authority regarding CWA jurisdiction remains
with the EPA.
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Leaves, grass clippings, yard and garden debris, and brush
that results from landscape maintenance and land-clearing operations.
(Ordinance O-16-08 adopted 6/16/08)
The following abbreviations, when used in this article, shall
have the designated meanings:
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C.F.R.
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Code of Federal Regulations
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CGP
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Construction general permit, TPDES General Permit TXR150000
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CWA
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Clean Water Act
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EPA
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U.S. Environmental Protection Agency
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MS4
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Municipal separate storm sewer system
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MSGP
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Multi-sector general permit, TPDES General Permit No. TXR050000
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NEC
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No exposure certification
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NOC
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Notice of change
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NOI
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Notice of intent
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NOT
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Notice of termination
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NPDES
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National Pollutant Discharge Elimination System
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POTW
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Publicly owned treatment works SWMP Stormwater management program
SWPPP Stormwater pollution prevention plan
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TCEQ
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Texas Commission on Environmental Quality
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TPDES
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Texas Pollutant Discharge Elimination System
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(Ordinance O-16-08 adopted 6/16/08)
This article, including any amendments or revisions thereto,
shall apply to all water entering the MS4 generated on any developed
and undeveloped lands lying within the city.
(Ordinance O-16-08 adopted 6/16/08)
The code enforcement official shall administer, implement, and
enforce the provisions of this article. Any powers granted or duties
imposed upon the code enforcement official may be delegated by the
code enforcement official to persons or entities acting in the beneficial
interest of or in the employ of the city.
(Ordinance O-16-08 adopted 6/16/08)
This article shall be construed to assure consistency with the
Clean Water Act and the Texas Water Code, and amendments thereto,
or any applicable implementing regulations.
(Ordinance O-16-08 adopted 6/16/08)
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants
into surface water in the state or waters of the United States caused
by said person. This article shall not create liability on the part
of the city, or any agent or employee thereof, for any damages that
result from the discharger’s reliance on this article or any
administrative decision lawfully made thereunder.
(Ordinance O-16-08 adopted 6/16/08)
(a)
No person shall, and it shall be an offense to, introduce or caused
to be introduced into the municipal separate storm sewer system (MS4)
any discharge that is not composed entirely of stormwater.
(b)
It is an affirmative defense to any enforcement action for violation of subsection (a) of this section that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
A discharge authorized by, and in full compliance with, a TPDES permit
or an NPDES permit (other than the TPDES permit authorizing discharges
from the MS4);
(2)
A discharge or flow from water line flushing, but not including a
discharge from water line disinfection by superchlorination or other
means unless it contains no harmful quantity of total residual chlorine
(TRC) or any other chemical used in line disinfection;
(3)
A discharge or flow from runoff or return flow from landscape irrigation,
lawn irrigation, and other irrigation utilizing potable water, groundwater,
or surface water sources;
(4)
A discharge or flow from a potable water source not containing any
harmful substances or material from the cleaning or draining of a
storage tank or other container;
(5)
A discharge or flow from a diverted stream;
(6)
A discharge or flow from rising groundwaters and springs;
(7)
Uncontaminated groundwater infiltration (as defined by 40 C.F.R.
section 35.2005(20)) to the MS4;
(8)
A discharge or flow from uncontaminated pumped groundwater;
(9)
An uncontaminated discharge or flow from foundation and footing drains;
(10)
A discharge or flow from air conditioning condensation that is unmixed
with water from a cooling tower, emissions scrubber, emissions filter,
or any other source of pollutant;
(11)
An uncontaminated discharge or flow of water from crawl space pumps;
(12)
A discharge or flow from individual residential vehicle washing;
(13)
A discharge or flow from wetlands and riparian habitats;
(14)
A discharge or flow of swimming pool water that contains no harmful
quantity of chlorine, muriatic acid, or other chemical used in the
treatment or disinfection of the swimming pool water or in pool cleaning;
(15)
A discharge or flow from street wash water that is not contaminated
with any soap, detergent, degreaser, solvent, emulsifier, dispersant,
or any other harmful cleaning substance;
(16)
A discharge or flow from firefighting activities by the fire department
(firefighting activities do not include washing of trucks, runoff
water from training activities, test water from fire suppression systems,
and similar activities);
(17)
A discharge or flow of fire protection water that does not contain
oil or hazardous substances or materials that the fire code requires
to be contained and treated prior to discharge, in which case treatment
adequate to remove harmful quantities of pollutants must have occurred
prior to discharge;
(18)
Agricultural stormwater runoff; and
(19)
A discharge or flow from other similar occasional incidental non-stormwater
discharges, as determined by the city manager.
(c)
No affirmative defense shall be available under subsection (b) of this section if:
(1)
The discharge or flow in question has been determined by the code
enforcement official to be a source of a pollutant(s) or pollution
to surface water in the state, waters of the United States, or the
MS4;
(2)
Written notice of such determination has been provided to the discharger;
and
(3)
The discharge has continued after the expiration of the time given
in the notice to cease the discharge. The correctness of the code
enforcement official’s determination that a discharge is a source
of a pollutant or pollutants may be reviewed in any administrative
or judicial enforcement proceeding in accordance with city ordinances
and state law, as may be applicable.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section 13.10.007.
(b)
A person commits an offense if the person introduces or causes to
be introduced into the MS4 any harmful quantity of any substance.
(c)
A person commits an offense if the person introduces or causes to
be introduced into the MS4 any discharge that causes or contributes
to causing the city to violate a water quality standard or the city’s
authorization pursuant to the small MS4 general permit for discharges
from its MS4.
(d)
A person commits an offense if the person dumps, spills, leaks, pumps,
pours, emits, empties, discharges, leaches, disposes, or otherwise
introduces or causes to be introduced, allows, or permits to be introduced
any of the following substances into the MS4:
(1)
Any used motor oil, antifreeze, or any other motor vehicle fluid;
(2)
Any industrial waste;
(3)
Any hazardous waste, including household hazardous waste;
(4)
Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste;
(5)
Any garbage or rubbish;
(6)
Any wastewater from a commercial carwash facility; from any vehicle
washing, cleaning, or maintenance at any new or used automobile or
other vehicle dealership, rental agency, body shop, repair shop, or
maintenance facility; or from any washing, cleaning, or maintenance
of any business or commercial or public service vehicle, including
a truck, bus, or heavy equipment, by a business or public entity that
operates more than ten such vehicles;
(7)
Any direct discharge of a pesticide or fertilizer;
(8)
Any wastewater from the washing, cleaning, de-icing, or other maintenance
of aircraft;
(9)
Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior that contains any
soap, detergent, degreaser, solvent, or any other harmful cleaning
substance;
(10)
Any wastewater from commercial floor, rug, or carpet cleaning;
(11)
Any wastewater from the wash-down or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or
any wastewater from the wash-down or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful
quantities of such released materials has been previously removed;
(12)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blow-down from a boiler;
(13)
Any ready-mix concrete, mortar, ceramic, or asphalt base material
or hydro-mulch material, or material from the cleaning of commercial
vehicles or equipment containing, or used in transporting or applying,
such material;
(14)
Any runoff or wash-down water from any animal pen, kennel, or fowl
or livestock containment area containing more than five (5) animals;
(15)
Any filter backwash from a swimming pool, fountain, or spa;
(16)
Any swimming pool water containing any harmful quantity of chlorine,
muriatic acid, or other chemical used in the treatment or disinfection
of the swimming pool water or in pool cleaning;
(17)
Any discharge from water line disinfection by superchlorination or
other means if it contains any harmful quantity of chlorine or any
other chemical used in water line disinfection;
(18)
Any fire protection water containing oil or hazardous substances
or materials that the fire code in this Code of Ordinances requires
to be contained and treated prior to discharge, unless treatment adequate
to remove pollutants occurs prior to discharge (this prohibition does
not apply to discharges or flow from firefighting activities by the
fire department as further set forth herein);
(19)
Any water from a water curtain in a spray room used for painting
vehicles or equipment;
(20)
Any contaminated runoff from a vehicle salvage yard, junkyard, auto
repair activities, or storage of vehicles on unimproved surfaces;
(21)
Any substance or material that will damage, block, or clog the MS4;
(22)
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such PST release, unless the discharge satisfies all of the following
criteria:
(A)
Compliance with all state and federal standards and requirements;
(B)
No discharge containing a harmful quantity of any pollutant;
and
(C)
No discharge containing more than 50 parts per billion of benzene;
500 parts per billion combined total quantities of benzene, toluene,
ethylbenzene, and xylene (BTEX); or 15 milligrams per liter of total
petroleum hydrocarbons (TPH).
(e)
Yard waste regulation.
A person commits an offense if
the person:
(1)
Discharges, deposits, discards, or dumps, or causes or allows to
be discharged, deposited, discarded, or dumped any grass clippings,
leaf litter, brush cuttings, and/or animal waste into the MS4.
(2)
Places or causes to be placed or dropped, grass clippings, leaf litter,
brush cuttings, and/or animal waste within any street in the corporate
limits of the city in such a manner that the same may be washed by
the flow of water into the MS4.
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It shall be a defense to prosecution that these wastes occurred
naturally or from normal landscape maintenance (e.g., leaves falling
from trees, grass clippings left on lawns). Intentionally sweeping
or blowing grass clippings or leaves into the streets or gutters is
prohibited.
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(f)
A person commits an offense if the person introduces or causes to
be introduced into the MS4 any harmful quantity of sediment, silt,
earth, soil, or other material associated with clearing, grading,
excavation, or other construction activities, or associated with filling
or other placement or disposal of soil, rock, or other earthen materials,
in excess of what could be retained on-site or captured by employing
sediment and erosion control measures to the maximum extent practicable.
(g)
Illicit connection regulation.
(1)
The construction, use, maintenance, or continued existence of illicit
connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(h)
A person commits an offense if the person causes or allows any pavement
wash water from a service station to be discharged into the MS4 unless
such wash water has passed through a properly functioning and maintained
grease, oil, and sand interceptor before discharge into the MS4.
(i)
Used oil regulation.
A person commits an offense if
the person:
(1)
Discharges used oil into the MS4 or a sewer, drainage system, septic
tank, surface water, groundwater, or watercourse;
(2)
Knowingly mixes or commingles used oil with solid waste that is to
be disposed of in a landfill or knowingly directly disposes of used
oil on land or in a landfill; or
(3)
Applies used oil to a road or land for dust suppression, weed abatement,
or other similar use that introduces used oil into the environment.
(Ordinance O-16-08 adopted 6/16/08)
(a)
An actual or threatened discharge to the MS4 that violates or would
violate this article is hereby declared to be a nuisance.
(b)
A line conveying sewage or designed to convey sewage that is connected
to the MS4 is hereby declared to be a nuisance.
(c)
Notwithstanding any other provision herein to the contrary, the code
enforcement official shall not be required to provide written notice
or a warning prior to taking criminal enforcement action and/or any
other legally available enforcement action.
(d)
If the city mails notice in accordance with the provisions stated
in this article, and the notice is returned “refused”
or “unclaimed,” said notice shall be deemed delivered
for purposes of enforcement action as provided herein.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The operator of a facility, including construction sites, required
to have a TPDES permit to discharge stormwater associated with industrial
activity or regulated construction activity shall submit a copy of
the NOI, construction site notice, NOC, NOT, and/or NEC to the director
of municipal services at the same time the operator submits the original
NOI, NOC, NOT, and/or NEC to the TCEQ or is required to submit the
construction site notice to the operator of the MS4 (i.e., the city)
by the construction general permit.
(b)
The copy of the NOI, construction site notice, NOC, NOT, and/or NEC
may be delivered to the director of municipal services either in person
or by mailing it to:
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Notice of Intent to Discharge Stormwater
Director of Municipal Services
City of Glenn Heights
1938 South Hampton
Glenn Heights, Texas 75154
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(c)
A person commits an offense if the person operates a facility that
is discharging stormwater associated with an industrial activity or
a regulated construction activity without having submitted a copy
of the NOI or the construction site notice to do so to the director
of municipal services.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The city manager may require any operator of a facility to modify
the facility’s stormwater pollution prevention plan (SWPPP)
if in the best professional judgment of the city manager, the SWPPP
does not comply with this article or with the requirements of the
facility’s TPDES or NPDES permit to discharge stormwater associated
with an industrial activity or a regulated construction activity.
(b)
The deficiencies in a facility’s SWPPP will be identified in
writing, and the city manager will give the facility operator a reasonable
amount of time, not to exceed thirty (30) days, to make the necessary
changes in the SWPPP.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The code enforcement official shall have the right to enter the premises
of any person discharging stormwater to the MS4, to surface water
in the state, or to waters of the United States to determine if the
discharger is complying with all requirements of this article. Dischargers
shall allow the code enforcement official ready access to all parts
of the premises for purposes of inspection, sampling, records examination,
and copying, and for the performance of any additional duties. Dischargers
shall make available to the code enforcement official, upon request,
any SWPPPs, modifications thereto, self-inspection reports, monitoring
records, compliance evaluations, NOIs, construction site notices,
NOCs, NOTs, NECs, and any other records, reports, and other documents
related to compliance with this article.
(b)
Where the discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
code enforcement official will be permitted to enter without delay
for the purposes of performing his/her responsibilities.
(c)
The code enforcement official shall have the right to set up on the
discharger’s property, or require installation of, such devices
as are necessary to conduct sampling and/or metering of the discharger’s
operations, at the discharger’s sole cost and expense.
(d)
The code enforcement official may require any discharger to the MS4,
surface water in the state, or waters of the United States to conduct
specified sampling, testing, analysis, and other monitoring of its
stormwater dischargers, and may specify the frequency and parameters
of any such required monitoring, at the discharger’s sole cost
and expense.
(e)
The code enforcement official may require the discharger to install
monitoring equipment as necessary at the discharger’s sole cost
and expense. The facility’s sampling and monitoring equipment,
as required by this section, shall be maintained at all times in a
safe and proper operating condition by the discharger at the discharger’s
sole cost and expense. All devices used to measure stormwater flow
and quality shall be calibrated to ensure their accuracy.
(f)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the discharger at the written or verbal request of the code enforcement
official and shall not be replaced. The costs of clearing such access
shall be borne by the discharger.
(g)
Unreasonable delays in allowing the code enforcement official access
to the discharger’s premises shall be a violation of this article.
(h)
If entry onto the property is refused, the code enforcement official
shall have every recourse provided by law, including but not limited
to an administrative search warrant or an injunction to secure entry.
If the owner, operator, discharger, or person in control of the property
cannot be identified or located, the code enforcement official shall
be authorized to enter the property to the extent allowed by, and
in accordance with, law.
(Ordinance O-16-08 adopted 6/16/08)
(a)
Warning notice.
When the code enforcement official finds
that any person has violated, or continues to violate, any provision
of this article, or any order issued hereunder, the code enforcement
official may serve upon that person a written warning notice, specifying
the particular violation believed to have occurred and requesting
the discharger to immediately investigate the matter and to seek a
resolution whereby any offending discharge will cease. Investigation
and/or resolution of the matter in response to the warning notice
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the warning notice. Nothing in
this subsection shall limit the authority of the code enforcement
official to take any action, including emergency action or any other
enforcement action, without first issuing a warning notice.
(b)
Notification of violation.
When the code enforcement
official finds that any person has violated, or continues to violate,
any provision of this article, or any order issued hereunder, the
code enforcement official may serve upon that person a written notice
of violation. Within ten (10) days of the receipt of this notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention of reoccurrence thereof, to include specific required
actions, shall be submitted by the alleged violator to the code enforcement
official. If the alleged violator denies that any violation occurred
and/or contends that no corrective action is necessary, an explanation
of the basis of any such denial or contention shall be submitted to
the code enforcement official within ten (10) days of receipt of the
notice. Submission of an explanation and/or plan in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the code enforcement official to take
any action, including emergency action or any other enforcement action,
without first issuing a notice of violation.
(c)
Consent orders.
The city manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (e), and (f) of this section and shall be judicially enforceable.
(d)
Show cause hearings.
The city manager may order any person who has violated, or continues to violate, any provision of this article, or any order issued hereunder, to appear before the city manager and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in section 13.10.016 of this article. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator, including, but not limited to, criminal or injunctive relief.
(e)
Compliance orders.
When the city manager finds that
any person has violated, or continues to violate, any provision of
this article, or any order issued hereunder, the city manager may
issue an order to the violator directing that the violator come into
compliance within a specified time period. Compliance orders also
may contain other requirements to address the noncompliance, including
additional self-monitoring, and management practices designed to minimize
the amount of pollutants discharged to the MS4, surface water in the
state, and waters of the United States. A compliance order may not
extend the deadline for compliance established by a state or federal
standard or requirement, nor does a compliance order relieve the person
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the violator, including, but
not limited to, criminal or injunctive relief.
(f)
Emergency cease and desist orders.
When the city manager
finds that any person has violated, or continues to violate, any provision
of this article, or any order issued hereunder, or that the person’s
past violations are likely to recur, and that the person’s violation(s)
have caused or contributed to an actual or threatened discharge to
the MS4, surface water in the state, or waters of the United States
which reasonably appears to present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, the city
manager may issue an order to the violator directing the violator
to immediately cease and desist all such violations and directing
the violator to:
(1)
Immediately comply with all requirements of this article; and
(2)
Take such appropriate preventive action as may be needed to properly
address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge.
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Any person notified of an emergency order directed to it under
this subsection shall immediately comply and stop or eliminate its
discharge. In the event of a discharger’s failure to immediately
comply voluntarily with the emergency order, the city manager may
take such steps as deemed necessary to prevent or minimize harm to
the MS4, surface water in the state, or waters of the United States,
and/or endangerment to persons or to the environment. The city manager
may allow the person to recommence its discharge when it has demonstrated
to the satisfaction of the city manager that the period of endangerment
has passed, unless further termination proceedings are initiated against
the discharger under this article. A person that is responsible, in
whole or in part, for any discharge presenting imminent endangerment
shall submit a detailed written statement describing the causes of
the harmful discharge and the measures taken to prevent any future
occurrence, to the city manager within five (5) days of the receipt
of the emergency order. Issuance of an emergency cease and desist
order shall not be a bar against, or a prerequisite for, taking any
other action against the violator.
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(Ordinance O-16-08 adopted 6/16/08)
(a)
The city may, without prior notice, suspend water service, sanitary
sewer service, and/or MS4 discharge access to a person discharging
to the MS4, surface water of the state, waters of the United States,
or the POTW when such suspension is necessary to stop an actual or
threatened discharge which:
(b)
When the code enforcement official determines that city-provided water and/or sanitary sewer service or MS4 access needs to be suspended pursuant to subsection (a), the code enforcement official shall request the city manager to do so.
(c)
As soon as is practicable after the suspension of service or MS4
access, the code enforcement official shall notify the violator of
the suspension in person or by registered mail or certified mail (return
receipt requested) and shall order the violator to cease the discharge
immediately. When time permits, the code enforcement official should
also attempt to notify the violator prior to suspending service or
access.
(d)
If the violator fails to comply with an order issued under subsection (c), the city manager may take such steps as the city manager deems necessary to prevent or minimize damage to the MS4, surface water in the state, or waters of the United States, or to minimize danger to persons.
(e)
The city shall not reinstate suspended services or MS4 access to
the violator until:
(1)
The violator presents proof, satisfactory to the city manager, that
the noncomplying discharge has been eliminated and its cause determined
and corrected;
(2)
The violator pays the city for all costs the city incurred in responding
to, abating, and remediating the discharge or threatened discharge;
and
(3)
The violator pays the city for all costs the city will incur in reinstating
service or access.
(f)
A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the city manager, in writing, within ten (10) days of notice of the suspension in accordance with section 13.10.016 of this article.
(g)
The city may obtain a lien against the property to recover its response costs pursuant to the procedure set out in section 13.10.017 of this article.
(h)
The remedies provided by this section are in addition to any other
remedies set out in this article. Exercise of this remedy shall not
be a bar against, nor a prerequisite for, taking other action against
a violator.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The city may terminate the city-provided water supply, sanitary sewer
connection, and/or MS4 access of any person discharging to the MS4
in violation of this article, if such termination would abate or reduce
the illicit discharge.
(b)
The code enforcement official will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. The violator may petition the city manager for a reconsideration and hearing pursuant to section 13.10.016 of this article.
(c)
The city shall not reinstate suspended services or MS4 access to
the discharger until:
(d)
The remedies provided by this section are in addition to any other
remedies set out in this article. Exercise of this remedy shall not
be a bar against, nor a prerequisite for, taking other action against
a violator.
(e)
A person commits an offense if the person reinstates, causes to reinstate,
permits or receives a benefit from the reconnection of the water service,
sanitary sewer service, and/or MS4 access to premises terminated pursuant
to this section, without the prior approval of the city manager.
(Ordinance O-16-08 adopted 6/16/08)
(a)
Any person subject to a compliance order under section 13.10.013(e), an emergency cease and desist order under section 13.10.013(f), an emergency suspension of utility service or MS4 access under section 13.10.014, or a non-emergency suspension of utility service or MS4 access under section 13.10.015 of this article may petition the city manager to reconsider the basis of his/her order or suspension within ten (10) days of the affected person’s notice of issuance of such an order or suspension.
(b)
Failure to submit a timely written petition for reconsideration shall
be deemed to be a waiver of any further right to administrative reconsideration
or review of the order or suspension.
(c)
In its petition, the petitioning party must indicate the provisions
of the order or suspension objected to, the reasons for the objection(s),
any facts that are contested, the evidence that supports the petitioning
party’s view of the facts, any alternative terms of an order
that the petitioning party would accept, and whether the petitioning
party requests a hearing on its petition.
(d)
The effect of any compliance order under section 13.10.013(e) or non-emergency suspension of utility service or MS4 access under section 13.10.015 shall be stayed pending the city manager’s reconsideration of the petition, and any hearing thereon, unless the city manager expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 13.10.013(f) or emergency suspension of utility service or MS4 access under section 13.10.014 shall not be stayed pending the city manager’s reconsideration, or any hearing thereon, unless the city manager expressly and in writing stays his/her emergency order or emergency suspension of utility service or MS4 access.
(e)
Within fifteen (15) days of the submittal of a petition for reconsideration,
the city manager shall either:
(f)
The city manager may also set a hearing if the city manager determines
that a show cause hearing should be conducted, if grounds exist to
revoke or suspend a permit issued under this article, or if grounds
exist to terminate utilities on a non-emergency basis.
(g)
Written notice of any hearing set by the city manager pursuant to subsection (e) or (f), above, shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.
(h)
The notice shall specify the date, time, and place of the hearing.
Notice that is mailed shall be deemed received three (3) days after
it is placed in a mail receptacle of the United States Postal Service.
(i)
No decision may be rendered at a hearing by reason of the petitioning
party’s/alleged violator’s failure to appear unless proof
of actual service is shown.
(j)
The city manager may himself/herself conduct the hearing and take
evidence, or he/she may designate any employee of the city or any
specially-designated attorney or engineer to:
(1)
Issue in the name of the city notices of hearing requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in the hearing;
(2)
Take evidence; and
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the city manager
for action thereon. At any hearing held pursuant to this section,
testimony taken shall be under oath and recorded. For purposes of
this section, the city manager or his/her designee shall be empowered
to administer oaths and to promulgate procedural rules for the conduct
of the hearing. Any party is entitled to present his/her case or defense
by oral or documentary evidence and to conduct such cross-examination
as may be required for a full and true disclosure of the facts. A
transcript will be made available to any party to the hearing upon
payment of the usual charges thereof.
(k)
Whenever any deadline specified in this section falls upon a Saturday,
Sunday, or a city-recognized holiday, the deadline shall be the next
regular city business day.
(l)
The date of an order or ruling required to be made under this section
shall be deemed to be the date it is signed.
(m)
Decisions shall be based on a preponderance of the evidence. The
city shall have the burden of proof in all hearings.
(n)
After the city manager has reviewed the evidence, he/she shall either:
(1)
Grant the petition;
(2)
Deny the petition; or
(3)
Grant the petition in part and deny it in part.
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After the conclusion of the hearing, the city manager shall
make written findings of fact and conclusions of law and shall issue
a written decision without undue delay. The city manager may modify
his/her order as is appropriate based upon the evidence and arguments
presented at the hearing and his/her action on the petition. Further
orders and directives as are necessary and appropriate may be issued.
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(o)
A hearing shall exhaust all administrative remedies of the petitioning
party/alleged violator.
(Ordinance O-16-08 adopted 6/16/08)
(a)
Unless specifically stated otherwise, any nuisance as defined within
this article is hereby declared a public nuisance if it exists within
the corporate limits of the city or within five thousand (5,000) feet
of such limits.
(b)
The code enforcement official may give notice to cease, abate, remove
or otherwise remedy a nuisance immediately to:
(1)
The owner of property upon which a nuisance is located or from which
a nuisance originated or is emanating. If the person creating, allowing,
or maintaining the nuisance is not the owner of the property, notice
shall also be given to such person;
(2)
Any person creating, allowing, or maintaining a nuisance;
(3)
Any person with care, custody or control over the premises containing
such nuisance.
(c)
The notice must be given:
(1)
Personally to the owner/person in writing; or
(2)
By letter addressed to the owner/person at the owner’s/person’s
post office address and sent registered or certified mail (return
receipt requested). However, if personal or registered or certified
mail service cannot be obtained or the owner’s/person’s
post office address is unknown, notice may be given:
(A)
By publication in the official newspaper of the city at least twice
within ten (10) consecutive days;
(B)
By posting the notice on or near the front door of each building
on the property to which the nuisance relates; or
(C)
By posting the notice on a placard attached to a stake driven into
the ground on the property to which the nuisance relates, if the property
contains no buildings.
(d)
The notice may order the owner/person to undertake and implement
any appropriate action:
(1)
To remediate and/or abate any adverse effects of the nuisance upon
the MS4, the surface water in the state, the waters of the United
States, or any other aspect of the environment; and/or
(2)
To restore any part of the MS4, the surface water in the state, the
waters of the United States, or any other aspect of the environment
that has been harmed.
(e)
Such remedial, abatement, and restoration action may include, but
not be limited to:
(1)
Monitoring, assessment, and evaluation of the adverse effects and
determination of the appropriate remedial, abatement, and/or restoration
action;
(2)
Confinement, removal, cleanup, treatment, and disposal of any discharged
or released pollution or contamination;
(3)
Prevention, minimization, and/or mitigation of any damage to the
public health, welfare, or the environment that may result from the
nuisance; and
(4)
Restoration or replacement of city property or natural resources
damaged by the nuisance.
(f)
The notice may direct that the remediation, abatement, and/or restoration
be accomplished on a specified compliance schedule and/or be completed
within a specified period of time. An order issued under this section
does not relieve the violator of liability for any violation, including
any continuing violation.
(g)
If the owner/person does not comply with the notice within ten (10)
days of service, the code enforcement official may enter any public
or private property containing the nuisance and do any work necessary
to abate the nuisance, except the demolition of buildings, unless
otherwise permitted in accordance with other state law or ordinances.
(h)
If the immediate abatement of the nuisance is deemed necessary by
the code enforcement official to protect the environment or the public
health, safety, or welfare from an imminent and substantial endangerment,
the code enforcement official may, without complying with the notice
provisions of this section or without waiting the ten-day period,
enter the subject property and do or cause to be done any work necessary
to abate the nuisance and remediate and restore the environment.
(i)
The city manager shall conduct an abatement hearing, if a person
required to receive notice, requests, not later than the thirtieth
(30th) day after the date of the abatement, [and] the person files
a written request to the city for the abatement hearing. An abatement
hearing must be held not later than the twentieth (20th) day after
the date of the request for a hearing is filed. The person may testify,
[and] present evidence through witnesses or tangible documents relating
to the city’s abatement.
(j)
After abating the nuisance, the code enforcement official may inform
the owner/person in a notice sent registered or certified mail (return
receipt requested) that if the owner/person commits another violation
of the same kind or nature that poses a danger to the environment
or to the public health and safety on or before the first anniversary
date of the original notice, the city may without further notice correct
the violation at the owner’s expense and assess the expense
against the owner’s property.
(k)
All costs incurred by the city to abate a nuisance and remediate
and restore the environment, including the cost of giving notice as
required, shall be initially paid by the city and charged to the owner
of the property.
(l)
To obtain a lien against the property, the code enforcement official
shall file a statement of expenses with the county clerk for the county
in which the property is located. The lien statement shall state the
name of the owner, if known, and the legal description of the property.
The lien shall be security for the costs incurred and interest accruing
at the rate of ten (10) percent on the amount due from the date of
payment by the city.
(n)
A lien may not be filed against real estate protected by the homestead
provisions of the Texas Constitution, except as otherwise may be permitted
by applicable law.
(Ordinance O-16-08 adopted 6/16/08)
(a)
The city may enforce the provisions of this article pursuant to the
applicable provisions of chapter 54 of the Texas Local Government
Code, which provides for the enforcement of municipal ordinances.
(b)
A civil penalty in an amount not to exceed five thousand dollars
($5,000.00) per violation of this article may be imposed. Each violation
of a particular section of this article shall constitute a separate
offense, and each day an offense continues shall be considered a new
violation for purposes of enforcing this article.
(Ordinance O-16-08 adopted 6/16/08)
(a)
It shall be an offense and a violation of this article for any person
to intentionally or knowingly violate the provisions of this article,
or fail to comply with any requirement set forth herein, including
but not limited to:
(b)
A conviction for a violation of this article shall be deemed a misdemeanor.
A person convicted of a violation of this article shall be fined in
an amount not to exceed $2,000.00 per violation, such offense being
a violation of the health and safety ordinances of the city. Each
violation of a particular section of this article shall constitute
a separate offense, and each day an offense continues shall be considered
a new violation for purposes of enforcing this article.
(Ordinance O-16-08 adopted 6/16/08)
Any violation of any provision of this article that constitutes
an immediate danger or threat to the health, safety, and welfare of
the public may be enjoined in a suit brought by the city for such
purposes.
(Ordinance O-16-08 adopted 6/16/08)
The remedies provided for in this article are not exclusive
of any other remedies that the city may have under state or federal
law or other city ordinances. 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.
(Ordinance O-16-08 adopted 6/16/08)
The purpose of this article is to protect, maintain and enhance
the public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects
of increased post-construction stormwater runoff and nonpoint source
pollution associated with new development and redevelopment. It has
been determined that development and redevelopment alter the hydrologic
response of local watersheds and increase stormwater runoff rates
and volumes, flooding, soil erosion, stream channel erosion, nonpoint
source pollution, and sediment transport and deposition, as well as
reduce groundwater recharge. These changes in stormwater runoff contribute
to increased quantities of waterborne pollutants and alterations in
hydrology which are harmful to public health and safety as well as
to the natural environment. These effects can be managed and minimized
by applying proper design and well planned controls to manage stormwater
runoff from development sites. It has been determined by the city
that proper management of construction-related and post-construction
stormwater runoff will minimize damage to public and private property
and infrastructure, safeguard the public health, safety, and general
welfare, and protect water and aquatic resources. This article seeks
to meet its general purpose through the following specific objectives
and means:
(1)
Establishing decision-making processes for development that protect
the integrity of watersheds and preserve the health of water resources;
(2)
Minimizing changes to the predevelopment hydrologic response for
new development and redevelopment in their post-construction state
in accordance with the requirements of this article for the applicable
design storm in order to reduce flooding, stream bank erosion, and
nonpoint and point source pollution, as well as to maintain the integrity
of stream channels, aquatic habitats and healthy stream temperatures;
(3)
Establishing minimum post-construction stormwater management standards
and design criteria for the regulation and control of stormwater runoff
quantity and quality;
(4)
Establishing design and review criteria for the construction, function,
and use of structural stormwater best management practices (BMP’s)
that may be used to meet the minimum post-development stormwater management
standards;
(5)
Encouraging the use of better management and site design practices,
such as the use of vegetated conveyances for stormwater and preservation
of green space, buffers and other conservation areas to the maximum
extent practicable;
(6)
Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMP’s
to ensure that they continue to function as designed, are maintained
appropriately, and pose minimum risk to public safety; and
(7)
Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the inspection
of approved projects, and to assure appropriate long-term maintenance.
(Ordinance O-09-11 adopted 7/18/11)
When used in this article, the following words and terms shall
have the meaning set forth in this section, unless other provisions
of this article specifically indicate otherwise.
A structural management facility used singularly or in combination
for stormwater quality and quantity treatment to achieve water quality
protection goals.
A natural or vegetated area through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized
and which provides for infiltration of the runoff and filtering of
pollutants.
Viewed aerially, the stream buffer width is measured horizontally
on a line perpendicular to the surface water, landward from the top
of the bank on each side of the stream.
That portion of a development project that is covered by
impervious or partially impervious surface including, but not limited
to, buildings; such as tennis courts. “Built-upon area”
does not include wooden slatted deck or the water area of a swimming
pool.
City of Glenn Heights city manager or the designee of the
city to act as the representative in such capacity.
New development created by the addition of built-upon area
to land void of built-upon area as of the effective date of this article.
Any use of the land by any person or entity which results
in a change in the natural cover or topography of the land.
That area of land that drains to a common point on a project
site.
Any contiguous area where multiple separate and distinct
construction or land-disturbing activities will occur under one plan.
A plan is any announcement or piece of documentation (including but
not limited to public notice or hearing, drawing, permit application,
zoning request, or site design) or physical demarcation (including
but not limited to boundary signs, lot stakes, or surveyor markings)
indicating that construction activities may occur on a specific plot.
Forms of pollution caused by sediment, nutrients, organic
and toxic substances originating from land use activities and carried
to lakes and streams by surface runoff.
The legal or beneficial owner of land, including but not
limited to a fee owner, mortgagee or vendee in possession, receiver,
executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having
legal power of management and control of the property. A secured lender
not in possession of the property does not constitute an owner, unless
the secured lender is included within the meaning of “owner”
under another description in this definition, such as management entity.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, interstate body, or
other legal entity.
Rebuilding activities on land containing built-upon area
as of the effective date of this article.
The stormwater management design criteria (exhibit A to Ordinance
O-09-11) for the city approved for use for the proper implementation
of the design requirements for the city. All references herein to
the stormwater management design criteria are the latest published
edition or revision.
A permit required for all development and redevelopment unless
exempt pursuant to this article, which demonstrates compliance with
this article.
The landward edge of the stream channel during high water
or bank full conditions at the point where the water begins to overflow
onto the floodplain.
Total suspended matter in water which includes particles
collected on a filter with a pore size of 2 microns as measured by
standard method 2540-D, which is commonly expressed as a concentration
in terms of milligrams per liter (mg/l) or parts per million (ppm).
(Ordinance O-09-11 adopted 7/18/11)
(a)
Applicability and jurisdiction.
(1)
General.
The requirements of this article shall apply
to all developments of the city and redevelopments within the corporate
limits or in the extraterritorial jurisdiction, unless one of the
following exceptions applies to the development or redevelopment as
of the effective date of this article:
(A)
Preliminary subdivision plan application or in the case of minor
subdivisions, construction plan for required improvements, submitted
and accepted for review;
(B)
Zoning use application submitted and accepted for review for uses
that do not require a building permit;
(C)
Valid building permit issued, so long as the permit remains valid,
unexpired, and unrevoked; and/or
(D)
Common law vested right established (e.g., the substantial expenditure
of resources (time, labor, money) based on a good faith reliance upon
having received a valid governmental approval to proceed with a project).
(2)
Exemptions.
(A)
Development that cumulatively disturbs less than one (1) acre and
is not part of a larger common plan of development or sale is exempt
from the provisions of this article.
(B)
Redevelopment or expansion that cumulatively disturbs less than one
(1) acre and is not part of a larger common plan of development or
sale is exempt from the provisions of this article.
(C)
Redevelopment or expansion that results in no net increase in built-upon
area and provides equal or greater stormwater control that the previous
development is exempt from the requirements of this article.
(D)
Development and redevelopment that disturb less than one (1) acre
are not exempt if such activities are part of a larger common plan
of development or sale, even though multiple, separate or distinct
activities take place at different times on different schedules.
(E)
Activities exempt from permit requirements of section 404 of the
Federal Clean Water Act, as specified in 40 CFR 232 (primarily, ongoing
farming and forestry activities).
(3)
No development or redevelopment until permit is issued.
No development or redevelopment shall occur except in compliance
with the provisions of this article or unless exempted. No development
for which a permit is required pursuant to this article shall occur
except in compliance with the provisions, conditions, and limitations
of the permit.
(b)
Interpretation.
(1)
Meaning and intent.
All provision, terms, phrases, and expressions contained in this article shall be construed according to the general and specific purposes set forth in section 13.10.041, purpose. If a different or more specific meaning is given for a term defined elsewhere in this code for the city, the meaning and application of the term in this article shall control for purposes of application of this article.
(2)
Interpretation authority.
The city manager or designee
has authority to interpret this article. Any person may request an
interpretation by submitting a written request to the city manager
or designee who shall respond in writing within thirty (30) days.
The city manager or designee shall keep on file a record of all written
interpretations of this article.
(3)
References to statutes, regulations and documents.
Whenever
reference is made to a resolution, ordinance, statute, regulation,
manual, or document, it shall be construed as a reference to the most
recent edition of such that has been finalized and published with
the due provision for notice and comment, unless otherwise specifically
stated.
(4)
Computation of time.
The time in which an act is to
be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a
Saturday, Sunday or holiday observed by the city, the deadline or
required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the city. References to days are calendar
days unless otherwise stated.
(5)
Delegation of authority.
Any act authorized by this
article to be carried out by the city manager or the designee of the
city.
(6)
Usage.
(A)
Mandatory and discretionary terms.
The words “shall,” “must,”
and “will” are mandatory in nature, establishing an obligation
or duty to comply with the particular provision. The words “may”
and “should” are permissive in nature.
(B)
Conjunctions.
Unless the context clearly indicates
the contrary, conjunctions shall be interpreted as follows: The word “and”
indicates that all connected items, conditions, provisions or events
apply. The word “or” indicates that one or more of the
connected items, conditions, provisions, or events apply.
(C)
Tense, plurals, and gender.
Words are used in
the present tense include the future tense. Words used in the singular
number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
(7)
Measurement and computation.
Disturbed area refers to
the amount of horizontal land area contained inside the limits of
the land-disturbance. Lot area refers to the amount of horizontal
land area contained inside the limits of the lot lines of a lot or
site.
(c)
Stormwater management design criteria.
(1)
Reference to stormwater management design criteria.
(A)
The city manager or designee shall use the policy, criteria, and
information, including technical specifications and standards, in
the stormwater management design criteria as the basis for decisions
about stormwater management permit and about the design, implementations
and performance of structural and nonstructural stormwater BMP’s.
(B)
The stormwater management design criteria includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of this article and the Federal Phase II Stormwater Rules. Failure to construct stormwater treatment practices in accordance with these criteria may subject the violator to a civil penalty as described in section 13.10.047, violations and enforcement of this article.
(2)
Relationship of stormwater management design criteria to other law
and regulations.
If the specifications or guidelines
of the stormwater management design criteria are more restrictive
or apply a higher standard than other laws or regulations, that fact
shall not prevent application of the specifications or guidelines
in the stormwater management design criteria.
(3)
Changes to standards and specifications.
Standards,
specifications, guidelines, policies, criteria, or other information
in the stormwater management design criteria in affect at the time
of acceptance of a complete application shall control and shall be
utilized in reviewing the application and in implementing this article
with regard to the application.
(4)
Amendments to stormwater management design criteria.
The stormwater management design criteria may be updated and expanded
from time to time, based on advancements in technology and engineering,
improved knowledge of local conditions, or local monitoring or maintenance
experience.
(d)
Relationship to other laws, regulations and private agreements.
(1)
Conflict of laws.
This article is not intended to modify
or repeal any other article, rule, regulation or other provision of
law. The requirements of this article are in addition to the requirements
of any other ordinance, rule, regulation or other provision of law,
and have [where] any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule, regulation
or other provision of law, whichever provision is more restrictive
or imposes higher protective standards for human or environmental
health, safety, and welfare, shall control.
(2)
Private agreements.
This article is not intended to
revoke or repeal any easement, covenant, or other private agreement.
However, where the regulations of this article are more restrictive
or impose higher standards or requirements than such easement, covenant,
or other private agreement, then the requirements of this article
shall govern. Nothing in this article shall modify or repeal any private
covenant or deed restriction, but such covenant or restriction shall
not legitimize any failure to comply with this article. In no case
shall the city be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
(e)
Severability.
If the provisions of any section, subsection,
paragraph, subdivision or clause of this article shall be adjudged
invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this article.
(f)
Effective date and transitional provisions.
(1)
Effective date.
This article shall take effect upon
adoption.
(2)
Final approvals, complete applications.
All development
and redevelopment projects for which complete and full applications
were submitted to the city prior to the effective date of this article
shall be exempt from complying with the provisions of this article.
(3)
Violations continue.
Any violation of the provisions
of this article existing as of the effective date of this article
shall continue to be a violation under this article and be subject
to penalties and enforcement unless the use, development, construction,
or other activity complies with the provisions of this article.
(Ordinance O-09-11 adopted 7/18/11)
(a)
Review and decision making entities.
(1)
Designation.
A city manager or designee shall be designated
by the city for the purpose of administering and enforcing this article.
(2)
Powers and duties.
In addition to the powers and duties
that may be conferred by other provisions of the city’s zoning
ordinance and other laws, the city manager or designee shall have
the following powers and duties under this article:
(A)
To review and approve or disapprove applications submitted pursuant
to this article.
(B)
To make determinations and render interpretations of this article.
(C)
To establish application requirements and schedules for submittal
and review of applications and appeals.
(D)
To enforce this article in accordance with its enforcement provisions.
(E)
To maintain records, maps, and official materials as relate to the
adoption, amendment, enforcement, or administration of this article.
(F)
To provide expertise and technical assistance upon request to the
city and its board of adjustment.
(G)
To designate appropriate other person(s) who shall carry out the
powers and duties of the city manager.
(H)
To provide information and recommendations relative to variances
and information as requested by the board of adjustment in response
to appeals.
(I)
To take any other action necessary to administer the provisions of
this article.
(b)
Review procedures.
(1)
Permit required - must apply for permit.
A stormwater
management permit is required for all development and redevelopment
unless exempt pursuant to this article. A permit may only be issued
subsequent to a properly submitted, reviewed and approved permit application,
pursuant to this section.
(2)
Effect of permit.
(A)
A stormwater management permit shall govern the design, installation
and construction of stormwater management and control practices on
the site, including structural BMP’s and elements of site design
for stormwater management other than structural BMP’s.
(B)
The permit is intended to provide a mechanism for the review, approval
and inspection of the approach to be used for the management and control
of stormwater for the development or redevelopment site consistent
with the requirements of this article, whether the approach consists
of structural BMP’s or other techniques such as low-impact or
low-density design. Compliance after project construction is assured
by the maintenance provision of this article.
(3)
Authority to file applications.
All applications required
pursuant to this article shall be submitted to the city manager or
designee by the landowner or the landowner’s duly authorized
agent or anyone having interest in the property by reason of a written
contract with the owner.
(4)
Establishment of application requirements, schedule and fees.
(A)
Application contents and form.
The city manager
or designee shall establish requirements for the content and form
of all applications and shall amend and update those requirements
from time to time. At a minimum, the stormwater management permit
application shall describe in detail how post-construction stormwater
runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the
requirements of this article.
(B)
Submission schedule.
The city manager or designee
shall establish a submission schedule for applications. The schedule
shall establish deadlines by which complete applications must be submitted
for the purpose of ensuring that there is adequate time to review
applications, and that the various stages in the review process are
accommodated.
(C)
Permit review fees.
The city establishes a permit
fee in the amount of $250.00 plus all actual costs associated with
the professional review of the plans. If an application is withdrawn
prior to review and inspection the city may refund this fee minus
reasonable administrative costs. This fee may be amended and updated
as deemed necessary from time to time.
(5)
Submittal of complete application.
Applications shall
be submitted to the city manager or designee pursuant to the application
submittal schedule in the form established by the city manager or
designee, along with the appropriate fee established pursuant to this
section. An application shall be considered as timely submitted only
when it contains all elements of a complete application pursuant to
this article, along with the appropriate fee. If the city manager
finds that an application is incomplete, the applicant shall be notified
of the deficient elements and shall be provided with an opportunity
to submit a complete application. However, the submittal of an incomplete
application shall not suffice to a deadline contained in the submission
schedule established above.
(6)
Review.
Within three (3) weeks after a complete application
is submitted, the city manager or designee shall review the application
and determine whether the application complies with the standards
of this article. On projects which will require a floodplain development
permit, the review time will be extended to four (4) weeks. The following
guidelines will be considered:
(A)
Approval.
If the city manager or designee finds
that the application complies with the standards of this article,
the city manager shall approve the application and issue a stormwater
management permit to the applicant. The city manager may impose conditions
of approval as needed to ensure compliance with this article. The
conditions shall be included in the permit as part of the approval.
(B)
Failure to comply.
If the city manager or designee
finds that the application fails to comply with the standards of this
article, the city manager shall notify the applicant and shall indicate
how the application fails to comply. The applicant shall have an opportunity
to submit a revised application.
(C)
Revision and subsequent review.
A complete revised
application shall be reviewed by the city manager or designee within
15 working days after its resubmittal and shall be approved, approved
with conditions or disapproved. If a revised application is not resubmitted
within sixty (60) calendar days from the date the applicant was notified,
the application shall be considered withdrawn, and a new submittal
for the same or substantially the same project shall be required along
with the appropriate fee.
(c)
Applications for approval.
(1)
Concept plan and consultation meeting.
Before a stormwater
management permit application is submitted, the city manager or landowner
or the landowner’s duly authorized agent or anyone having interest
in the property by reason of a written contract with the owner may
request consultation(s) on a concept plan for the post-construction
stormwater management system to be utilized in the proposed development
project. This consultation meeting(s) should take place at the time
of the preliminary plan of the subdivision or other early step in
the development process. The purpose of this meeting(s) is to discuss
the post-construction stormwater management measures necessary for
the proposed project, as well as to discuss and assess constraints,
opportunities and potential approaches to stormwater management designs
before formal site design engineering is commenced. Local watershed
plans and other relevant resource protection plans may be consulted
in the discussion of the concept plan. At the time of concept plan
submittal, the following information should be included in the concept
plan:
(A)
Existing condition/proposed site plans.
Existing
conditions and proposed site layout sketch plans, which illustrate
at a minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys; boundaries
of existing predominant vegetation and proposed limits of clearing
and grading; and location of existing and proposed roads, buildings,
parking areas and other impervious surfaces.
(B)
Natural resource inventory.
A written or graphic
inventory of the natural resources at the site and surrounding area
as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic
features, topography, wetlands, and native vegetative areas on the
site, as well as the location and boundaries of other natural feature
protection and conservation areas such as lakes, ponds, floodplains,
stream buffers and other setbacks (e.g., drinking water well setbacks,
septic systems setbacks, etc.). Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development.
(C)
Stormwater management system concept plan.
A written
or graphic concept plan of the proposed post-construction stormwater
management system including: preliminary selection and location of
proposed structural stormwater controls; low impact design elements;
location of existing and proposed conveyance systems such as grass
channels, swales, and storm drains; flow paths; location of all floodplain/floodway
limits; relationship of site to upstream and downstream properties
and drainages; and preliminary location of proposed stream channel
modifications, such as bridge or culvert crossings.
(2)
Stormwater management permit application.
(A)
The stormwater management permit application shall detail how post-construction stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this article, including section 13.10.045, standards. All such plans submitted with the application shall be prepared by a registered state professional engineer or landscape architect.
(B)
The engineer or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the stormwater management design criteria, and that the designs and plans ensure compliance with this article. The submittal shall include all of the information required in the submittal checklist established by the city manager or designee. Incomplete submittals shall be treated pursuant to subsection (b)(5) of this section.
(3)
As-built plans and final approval.
The applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as-built” plans for all stormwater management facilities or practices after final construction is completed. Failure to provide approved as-built plans within the frame specified by the city manager may result in assessment of penalties as specified in section 13.10.047, violations and enforcement. At the discretion of the city manager, performance securities or bonds may be required for stormwater management facilities or practices until as-built plans are approved. As-built plans shall show the final design specifications for all stormwater management facilities and practices and the filed location, size, depth, and planted vegetation of measures, controls and devices, as installed. The designer of the management measures and plans shall certify, under seal, that the as-built stormwater management plans and designs and [comply] with the requirements of this article. Final as-built plans and a final inspection and approval by the city manager are required before a project is determined to be in compliance with this article. At the discretion of the city manager, certificates of occupancy may be withheld pending receipt of as-built plans and the completion of a final inspection and approval of a project.
(d)
Approvals.
(1)
Effect of approval.
Approval authorizes the applicant
to go forward with only the specific plans and activity authorized
in the permit. The approval shall not be construed to exempt the applicant
from obtaining other applicable approvals from local, state, and federal
authorities.
(2)
Time limit/expiration.
A stormwater management permit
and accompanying plan approved under the provisions of this article
shall remain valid for a period of three (3) years from the date of
approval. If no work on the site in furtherance of the plan has commenced
within the three-year period, the permit and plan approval will become
null and void and a new application will be required to develop the
site. If work on the site in furtherance of the plan has commenced
that involves any utility installations or street improvements except
grading, the permit and plan shall remain valid and in force and the
project may be completed in accordance with the approved plan. Any
permit granted under this subsection shall expire and be subject to
renewal requirements twelve (12) months from the date of issuance.
A thirty-day (30) grace period shall be granted after permit expiration
before the permittee is considered in violation of this article.
(e)
Appeals.
(1)
Right of appeal.
Any aggrieved person affected by any
decision, order, requirement, or determination relating to the interpretation
or application of this article may file an appeal to the city manager
first. The city manager will have two (2) weeks to review and render
a decision. If the aggrieved person is not satisfied with the city
manager’s decision, order, requirement, or determination, they
may file an appeal to the board of adjustment for the city within
thirty (30) days.
(2)
Filing of appeal and procedures.
Appeals shall be taken
within the specified time period by filing a notice of appeal and
specifying the grounds for appeal on forms provided by the city. The
city manager shall forthwith transmit to the board of adjustment all
documents constituting the record on which the decision appealed was
taken. The hearing conducted by the board of adjustment shall be conducted
in the nature of a quasi-judicial proceeding in accordance with the
city’s zoning ordinance.
(3)
Statutory exceptions.
(A)
The city manager engineering [sic] may grant exceptions from the
buffer requirements of this article as well as the deed restrictions
and protective covenant requirements as follows:
(i)
Unnecessary hardships would result from strict application of
this article.
(ii)
The hardships result from conditions that are peculiar to the
property, such as location, size, or topography of the property.
(iii)
The hardships did not result from action taken by the petitioner.
(iv)
The requested exception is consistent with the spirit, purpose,
and intent of the act; will protect water quality; will secure public
safety and welfare; and will preserve substantial justice. Merely
proving that the exception would permit a greater profit from the
property shall not be considered adequate justification for the exception.
(B)
Notwithstanding subsection (A) above of this section, exceptions shall be granted in any of the following instances:
(i)
When there is a lack of practical alternatives for a road crossing,
railroad crossing, bridge, airport facility, or utility crossing as
long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion
and sedimentation, have the least adverse effects on aquatic life
and habitat, and protect water quality to the maximum extent practicable
through the use of BMP’s.
(ii)
When there is a lack of practical alternatives for a stormwater
management facility; a stormwater management pond; or a utility, including,
but not limited to, water, sewer, or gas construction and maintenance
corridor, as long as it is located fifteen (15) feet landward of all
perennial and intermittent surface waters and as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect
water quality to the maximum extent practicable through the use of
BMP’s.
(iii)
A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration,
or density of the proposed activity and all alternative designs, the
basic project purpose cannot be practically accomplished in a manner
which would avoid or result in less adverse impact to surface waters.
(Ordinance O-09-11 adopted 7/18/11)
(a)
General standards.
All development and redevelopment
to which this article applies shall comply with the standards of this
section.
(b)
Development standards.
(1)
Development standards for low density projects.
Any
drainage area within a project is considered low-density when said
drainage area has less than twenty-four percent (24%) built-upon area.
Such low-density projects shall comply with each of the following
standards:
(A)
Vegetated conveyances.
Stormwater runoff from
the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
(B)
Stream buffers.
All built-upon area shall be at
a minimum of thirty (30) feet landward of all perennial and intermittent
streams. Perennial streams shall have a two hundred foot (200) undisturbed
buffer and intermittent streams shall have a one hundred foot (100)
undisturbed buffer. Buffer widths shall be measured horizontally on
a line perpendicular to the surface water, landward from the top of
the bank on each side of the stream. Allowable stream buffer uses
include the following: road crossings, driveway crossings, greenway/hiking
trails, bike trails, fences, utility line crossings, parallel or near
parallel utility lines, flood control structures, stream and bank
stabilization/restoration projects, grading and revegetation, stormwater
best management practices, temporary sediment and erosion control
devices, animal trails and activities permitted under section 404
of the Clean Water Act.
(2)
Development standards for high-density projects.
Any
drainage area within a project is considered high-density when said
drainage area has greater than or equal to twenty-four percent (24%)
built-upon area. Such high-density projects shall implement stormwater
treatment systems that comply with each of the following standards:
(A)
Stormwater quality treatment volume.
Stormwater
quality treatment systems shall treat the difference in the stormwater
runoff from the predevelopment and post-development conditions for
the one (1) year, twenty-four-hour storm.
(B)
Stormwater quality treatment.
All structural stormwater
treatment systems used to meet these requirements shall be designed
to have a minimum of eighty-five percent (85%) average annual removal
for total suspended solids.
(C)
Stormwater management design.
General engineering
design criteria for all projects shall be in accordance with the city’s
stormwater management design criteria and shall also consider North
Central Texas Council of Governments Integrated Stormwater Management
Design Standards.
(D)
Stream buffers.
Perennial streams shall have a
two hundred foot (200) undisturbed buffer and intermittent streams
shall have a one hundred foot (100) undisturbed buffer. Buffer widths
shall be measured horizontally on a line perpendicular to the surface
water, landward from the top of the bank on each side of the stream.
Allowable stream buffer uses include the following: road crossings,
driveway crossings, greenway/hiking trails, bike trails, fences, utility
line crossings, parallel or near parallel utility lines, flood control
structures, stream and bank stabilization/restoration projects, grading
and revegetation, stormwater best management practices, temporary
sediment and erosion control devices, animal trails, and activities
permitted under section 404 of the Clean Water Act.
(E)
Stormwater volume control.
Stormwater treatment
systems shall be installed to control the difference in the stormwater
runoff from the predevelopment and post-development conditions for
the one-year, twenty-four-hour storm. Runoff volume drawdown time
shall be a minimum of twenty-four-hours, but not more than one hundred
twenty (120) hours.
(F)
Stormwater peak control.
For developments greater
than or equal to twenty-four percent (24%) built-upon area, peak control
shall be installed for the ten-year and twenty-five-year, six (6)
hour storms. Controlling the one (1) year, twenty-four-hour volume
achieves peak control for the two (2) year, six (6) hour storm. The
emergency overflow and outlet works for any pond or wetland constructed
as stormwater BMP shall be capable of safely passing a discharge with
a minimum recurrence frequency as specified in the stormwater management
design criteria. For detention basins, the temporary storage capacity
shall be restored within seventy-two (72) hours. Requirements of the
Dam Safety Act shall be met when applicable.
(c)
Stream buffer delineation.
(1)
Determination of streams to be buffered.
The stream
buffer requirements of this article shall apply if a stream is shown
on either the most recent version of the soil survey map prepared
by the natural resources conservation service of the United States
Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by
the United States Geological Survey (USGS). Streams that do not appear
on either of the aforementioned maps shall not be subject to the aforementioned
buffer requirements of this article. Streams that appear on either
of the aforementioned maps shall be subject to this article unless
one of the following applies:
(A)
Exemption when an on-site determination shows that streams
are not present.
When a landowner or other affected party
believes that the USDA or USGS stream buffer delineation maps described
in this section inaccurately depict streams, he or she shall consult
with the city manager. Upon request, the city manager shall make on-site
determinations. Such determinations can also be made at the discretion
of the city manager in the absence of a request from a landowner or
other concerned party. The buffer requirements of this article shall
apply based on these determinations. Surface waters that appear on
the maps shall not be subject to this article if an on-site determination
by the city manager shows that they fall into one of the following
categories:
(B)
Exemption when existing uses are present and ongoing.
This article shall not apply to portions of buffers where a
use is existing and ongoing according to the following:
(i)
A use shall be considered existing if it was present within
the buffer as of the effective date of this article. Existing uses
shall include, but not be limited to, agriculture, buildings, industrial
facilities, commercial areas, transportation facilities, maintained
lawns, utility lines, and on-site sanitary sewage systems. Only the
portion of the buffer that contains the footprint of the existing
use is exempt from this article. Activities necessary to maintain
uses are allowed provided that no additional vegetation except that
grazed or trampled by livestock and existing diffuse flow is maintained.
(ii)
At the time the existing use is proposed to be converted to
another use, this article shall apply. An existing use shall be considered
converted to another use if any of the following applies:
(2)
Stream buffer identification.
The following buffer identifications
are required:
(A)
Streams and buffer boundaries must be clearly identified on all construction
plans, including grading and clearing plans, erosion, drainage and
sediment control plans and site plans.
(B)
Outside buffer boundaries must be clearly marked on site prior to
any land-disturbing activities.
(C)
The outside boundary of the buffer must be permanently marked at
highway stream crossings.
(D)
Streams and buffer boundaries must be specified on all surveys and
record plats.
(E)
Buffer boundaries as well as all buffer requirements must be specified
on all surveys and record plats, on individual deeds and in property
association documents for lands held in common.
(d)
Ponds.
Ponds which intersect the stream channel shall
have the same buffers as the original stream measured from the top
of the bank of the pond.
(e)
Standards for stormwater control measures.
(1)
Evaluation according to contents of stormwater management design
criteria.
All stormwater control measures and stormwater
treatment practices (also referred to as best management practices,
or BMP’s) required under this article shall be evaluated by
the city manager according to the policies, criteria, and information,
including technical specifications, standards and the specific design
criteria for each stormwater best management practice contained in
the city’s stormwater management design criteria and should
also consider North Central Texas Council of Governments Integrated
Stormwater Management Design Standards. The city manager shall determine
whether these measures will be adequate to meet the requirements of
this article.
(2)
Determination of adequacy; presumptions and alternatives.
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
stormwater management design criteria will be presumed to meet the
minimum water quality and quantity performance standards of this article.
Whenever an applicant proposes to utilize a practice or practices
not designed and constructed in accordance with the criteria and specifications
in the stormwater management design criteria, the applicant shall
have the burden of demonstrating that the practice(s) will satisfy
the minimum water quality and quantity performance standards of this
article before it can be approved for use. The city manager may require
the applicant to provide such documentation, calculations, and examples
as necessary for the city manager to determine whether such an affirmative
showing is made.
(f)
Deed recordation and indications on plat.
The approval
of the stormwater management permit shall require an enforceable restriction
on property usage that runs with the land, such as plat, recorded
deed restrictions or protective covenants, to ensure that future development
and redevelopment maintains the site consistent with the approved
project plans. Streams and buffers boundaries must be specified on
all surveys and record plats. The applicable operations and maintenance
agreement with the Dallas or Ellis County Register of Deeds Office
so as to appear in the chain of title of all subsequent purchasers
under generally accepted searching principles. A copy of the recorded
maintenance agreement shall be provided to the city manager within
fourteen (14) days following receipt of the recorded document. A maintenance
easement shall be recorded for every structural BMP to allow sufficient
access for adequate maintenance. The specific recordation and deed
restriction requirements as well as notes to be displayed on final
plats and deeds shall be contained in the city record file at city
hall.
(Ordinance O-09-11 adopted 7/18/11)
(a)
General standards for maintenance.
(1)
Function of BMP’s as intended.
The owner of a
structural BMP installed pursuant to this article shall maintain and
operate the BMP so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function
for which the structural BMP was designed.
(2)
Single-family residential BMP’s accepted for maintenance.
The city may, upon specific official city council action, accept maintenance responsibility of structural BMP’s that are installed pursuant to this article following a warranty period of two (2) years from the date of as-built certification described in section 13.10.044(c)(3), provided by the BMP:
(A)
Only serves a single-family detached residential development or townhomes
all of which have public street frontage;
(B)
Is satisfactorily maintained during the two (2) year warranty period
by the owners or designee;
(C)
Meets all the requirements of this article and the stormwater management
design criteria; and
(D)
Includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection, maintenance, repair or reconstruction.
The city manager must receive an application for transfer of maintenance
responsibilities for the structural BMP along with the stormwater
management permit application.
(3)
Annual maintenance inspection and report.
(A)
The person responsible for maintenance of any BMP installed pursuant
to this article above shall submit to the city manager an inspection
report from a qualified registered state professional engineer or
landscape architect performing services only in their area of competence.
The inspection report shall contain all of the following;
(i)
The name of address of the landowner;
(ii)
The recorded book and page number of the lot of each structural
BMP;
(iii)
A statement that an inspection was made of all structural BMP’s;
(iv)
The date the inspection was made;
(v)
A statement that all inspected structural BMP’s are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this article; and
(vi)
The original signature and seal of the engineer, surveyor, or
landscape architect.
(B)
All inspection reports shall be on forms supplied by the city manager
that are contained in the city record file at city hall. An original
inspection report shall be provided to the city manager beginning
one year from the date of as-built certification and each year thereafter
on or before the anniversary date of the as-built certification.
(b)
Operation and maintenance agreement.
(1)
General.
At the time that as-built plans are provided to the city manager as described in section 13.10.044(c)(3) and prior to final approval of a project for compliance with this article, but in all cases prior to placing the BMP’s in service, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all current and subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Failure to execute an operation and maintenance agreement within the time frame specified in section 13.10.047, violations and enforcement. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. At the discretion of the city engineer, certificates of occupancy may be withheld pending receipt of an operation and maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the city a right of entry in the event that the city manager has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the city to assume responsibility for the structural BMP. Standard operation and maintenance agreements for BMP’s shall be developed by the city manager. The operation and maintenance agreement must be approved by the city manager prior to plan approval, and it shall be referenced on the final plat and shall be recorded by the applicant or owner with the Dallas County Registrar of Deeds upon final plat approval as described in section 13.10.045(f). A copy of the recorded maintenance agreement shall be given to the city manager within fourteen (14) days following its recordation.
(2)
Special requirement for homeowners’ and other associations.
For all structural BMP’s required pursuant to this article
and that are to be or are owned and maintained by a homeowners’
association, property owners’ association, or similar entity,
the required operation and maintenance agreement shall include all
such maintenance provisions and responsible parties.
(c)
Inspection program.
(1)
Inspections and inspection programs by the city may be conducted
or established on any reasonable basis, including but not limited
to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing maintenance
and repair records; sampling discharges; surface water, groundwater;
and material or water in BMP’s; and evaluating the condition
of BMP’s.
(2)
If the owner or occupant of any property refuses to permit such inspection,
the city manager shall proceed to obtain an administrative search
warrant. No person shall obstruct, hamper or interfere with the city
manager while carrying out his or her official duties.
(d)
Performance security for installation and maintenance.
The city may require the submittal of a performance security or bond
with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit.
(e)
Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections,
maintenance, and repairs for at least five years from the date of
creation of the record and shall submit the same upon reasonable request
to the city manager.
(f)
Nuisance.
The owner of each BMP, whether structural
or nonstructural, shall maintain it so as not to create a nuisance
condition.
(g)
Maintenance easement.
Every structural BMP installed pursuant to this article shall be made accessible for adequate inspection, maintenance, reconstruction and repair by a maintenance easement. The easement shall be recorded as described in section 13.10.045(f) and its terms shall specify who may make use of the easement and for what purposes.
(h)
Renewals.
Permit renewal requirements, and conditions
of renewal are as follows:
(1)
The post-construction stormwater permit shall be renewed biannually
and certified by a professional engineer.
(2)
The owner/developer shall submit a post-construction stormwater permit
renewal packet within thirty (30) days of expiration of the permit.
The renewal packet shall include:
(3)
The city shall conduct, at its discretion, an inspection of the structural
stormwater quality control prior to approval of the renewal request.
Inspection results shall be used as part of the evaluation process
for the renewal request.
(i)
Exemptions.
Any new development or redevelopment project
that has or will have permit coverage under the Texas Pollutant Discharge
Elimination System Industrial Stormwater Permit issued by the Texas
Commission on Environmental Quality (TCEQ). In lieu of the post-construction
stormwater permit, the owner/developer/operator shall submit an industrial
activity certification (to be provided by the city manager) and any
one of the following:
(1)
A copy of the application for an individual permit from the TCEQ
or the U.S. Environmental Protection Agency (EPA) for stormwater discharges
associated with industrial activity at the facility.
(2)
A copy of the permit issued by the TCEQ or EPA for stormwater associated
industrial activity at the facility.
(3)
A statement of commitment to file an application for an individual
permit from the TCEQ for stormwater discharges associated with industrial
activity at the facility.
(4)
A statement of commitment to file an NOI for coverage under a general
permit for stormwater discharges associated with industrial activity
issued by the TCEQ.
(Ordinance O-09-11 adopted 7/18/11)
(a)
General.
(1)
Authority to enforce.
The provisions of this article
shall be enforced by the city manager, his or her designee or any
authorized agent of the city. Whenever this section refers to the
city manager, it includes his or her designee as well as any authorized
agent of the city.
(2)
Violation unlawful.
Any failure to comply with an applicable
requirement, prohibition, standard, or limitation imposed by this
article, or the terms or conditions of any permit or other development
or redevelopment approval or authorization granted pursuant to this
article, is unlawful and shall constitute a violation of this article.
(3)
Each day a separate offense.
Each day that a violation
continues shall constitute a separate and distinct violation or offense.
(4)
Responsible persons/entities.
Any person who erects,
constructs, reconstructs, alters (whether actively or passively),
or fails to erect, construct, reconstruct, alter, repair or maintain
any structure, BMP, practice, or condition is violation of this article,
as well as any person who participates in, assists, directs, creates,
causes, or maintains a condition that results in or constitutes a
violation of this article, or fails to take appropriate action, so
that a violation of this article results or persists; or any other
person, who has control over, or responsibility for, the use or development
of the property on which the violation occurs shall be subject to
the remedies, penalties, and/or enforcement actions in accordance
with this section. For the purposes of this article, responsible person(s)
shall include but not be limited to:
(A)
Person maintaining condition resulting in or constituting violation.
Any person who participates in, assists, directs, creates, causes,
or maintains a condition that constitutes a violation of this article,
or fails to take appropriate action, so that a violation of this article
results or persists.
(B)
Responsibility for land or use of land.
The owner
of the land on which the violation occurs, any tenant or occupant
of the property, any person who is responsible for stormwater controls
or practices pursuant to a private agreement or public document, or
any person, who has control over, or responsibility for, the use,
development or redevelopment of the property.
(b)
Inspections and investigations.
(1)
Authority to inspect.
The city manager shall have the
authority, upon presentation of proper credentials, to enter and inspect
any land, building, structure, or premises to ensure compliance with
this article, or rules or orders adopted or issued pursuant to this
article, and to determine whether the activity is being conducted
in accordance with this article and the approved stormwater management
plan, stormwater management design criteria and whether the measures
required in the plan are effective. No person shall willfully resist,
delay, or obstruct the city manager while the city manager is inspecting
or attempting to inspect an activity under this article.
(2)
Notice of violation and order to correct.
When the city manager finds that any building, structure, or land is in violation of this article, the city manager shall notify in writing the responsible person/entity. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation occurred or is occurring, or the necessary action to abate the violation, and give a deadline for correcting the violation. The notice shall, if required, specify a date by which the responsible person/entity must comply with this article, and advise that the responsible person/entity is subject to remedies and/or penalties or that failure to correct the violation within the time specified will subject the responsible person/entity to remedies and/or penalties as described in subsection (c) of this section. In determining the measures required and the time for achieving compliance, the city manager shall take into consideration the technology and quantity of work required, and shall set reasonable and attainable time limits. The city manager may deliver the notice of violation and correction order personally, by certified mail or registered mail, return receipt requested, or by any means authorized for the service of documents. If a violation is not corrected within a reasonable period of time, as provided in the notification, the city manager may take appropriate action, as provided in subsection (c) below, remedies and penalties, to correct and abate the violation and to ensure compliance with this article.
(3)
Extension of time.
A responsible person/entity who receives
a notice of violation and correction order, or the owner of the land
on which the violation occurs, may submit to the city manager a written
request for an extension of time for correction of the violation.
On determining that the request included enough information to show
that the violation cannot be corrected within the specified time limit
for reasons beyond the control of the responsible person/entity requesting
the extension, the city manager may extend the time limit as is reasonably
necessary to allow timely correction of the violation, up to, but
not exceeding sixty (60) days. The city manager may grant thirty-day
extensions in addition to the foregoing extension if the violation
cannot be corrected within the permitted time due to circumstances
beyond the control of the responsible person/entity violating this
article. The city manager may grant an extension only by written notice
of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction
order.
(4)
Penalties assessed concurrent with notice of violation.
Penalties may be assessed concurrently with a notice of violation
for any of the following in which case the notice of violation shall
also contain a statement of the civil penalties to be assessed, the
time of their accrual, and the time within which they must be paid
or be subject to collection as debt:
(A)
Failure to submit a stormwater management plan.
(B)
Performing activities without an approved stormwater management plan.
(C)
Obstructing, hampering or interfering with an authorized representative
who is in the process of carrying out official duties.
(D)
A repeated violation for which a notice was previously given on the
same project and to the same responsible person/entity responsible
for the violation.
(E)
Willful violation of this article.
(F)
Failure to install or maintain best management practices per the
approved plan.
(5)
Authority to investigate.
The city manager shall have
the authority to conduct such investigations as it may reasonably
deem necessary to carry out its duties as prescribed in this article,
and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting.
No person shall refuse entry or access to the city manager who requests
entry for purpose of inspection or investigation, and who presents
appropriate credentials, nor shall any person obstruct, hamper or
interfere with the city manager while in the process of carrying out
official duties. The city manager shall also have the power to require
written statements, or the filing of reports under oath as part of
an investigation.
(6)
Enforcement after time to correct.
After the time has expired to correct a violation, including any extension(s) if authorized by the city manager, the city manager shall determine if the violation is corrected. If the violation is not corrected, the city manager may act to impose one or more of the remedies and penalties authorized by subsection (c) below.
(7)
Emergency enforcement.
If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then the city manager may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The city manager may seek immediate enforcement, without prior written notice, through any remedy or penalty specified in subsection (c) below.
(c)
Remedies and penalties.
The remedies and penalties provided
for violations of this article, whether civil or criminal, shall be
cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(1)
Remedies.
(A)
Withholding of certificate of occupancy.
The city
manager or other authorized agent may refuse to issue a certificate
of occupancy for the building or other improvements constructed or
being constructed on the site and served by the stormwater practices
in question until the applicant or other responsible person has taken
the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(B)
Disapproval of subsequent permits and development approvals.
As long as a violation of this article continues and remains
uncorrected, the city manager or other authorized agent may withhold,
and the city my disapprove, any request for permit or development
approval or authorization provided for by this article or the zoning,
subdivision, and/or building regulations, as appropriate for the land
on which the violation occurs.
(C)
Injunction, abatements, etc.
The city manager,
with the written authorization of the city manager may institute an
action in a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this article.
Any person violating this article shall be subject to the full range
of equitable remedies provided in the general statutes or at common
law.
(D)
Correction as public health nuisance, costs as lien, etc.
If the violation is deemed dangerous or prejudicial to the public
health or public safety, the city manager, with the written authorization
of the city manager, may cause the violation to be corrected and the
costs to be assessed as a lien against the property.
(E)
Stop-work order.
The city manager may issue a
stop-work order to the person(s) violating this article. The stop-work
order shall remain in effect until the person has taken the remedial
measures set forth in the notice of violation or has otherwise corrected
the violation or violations described therein. The stop-work order
may be withdrawn or modified to enable the person to take the necessary
remedial measures to correct such violation or violations.
(F)
Restoration of areas affected by failure to comply.
By issuance of an order of restoration, the city manager may require
a person(s) who engaged in a land development activity and failed
to comply with this article to restore the waters and land affected
by such failure so as to minimize the detrimental effects of the resulting
pollution. This authority is in addition to any other civil penalty
or injunctive relief authorized under this article.
(2)
Civil penalties.
(A)
Violation of article.
A violation of any of the provisions of this article or rules or other orders adopted or issued pursuant to this article may subject the violator to a civil penalty. A civil penalty may be assessed from the date the violation occurs. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation except as provided in subsection (b)(4) of this section in which case the penalty is assessed concurrently with a notice of violation. Refusal to accept the notice or failure to notify the city manager of a change of address shall not relieve the violator’s obligation to comply with this article or to pay such a penalty.
(B)
Amount of penalty.
The maximum civil penalty for
each violation of this article is two thousand dollars ($2,000.00).
Each day of continuing violation shall constitute a separate violation.
In determining the amount of the civil penalty, the city manager shall
consider any relevant mitigating and aggravating factors including,
but not limited to, the effect, if any, of the violation; the degree
and extent of harm caused by the violation; the cost of rectifying
the damage; whether the violator saved money through noncompliance;
whether the violator took reasonable measures to comply with this
article; whether the violation was committed willfully; whether the
violator reported the violation to the city manager; and the prior
record of the violator in complying or failing to comply with this
article or any other post-construction ordinance or law. The city
manager is authorized to vary the amount of the per diem penalty based
on relevant mitigating factors. Civil penalties collected pursuant
to this article shall be credited to the city’s general fund
as nontax revenue.
(C)
Notice of assessment of civil penalty.
The city manager shall determine the amount of the civil penalty and shall notify the violator of the amount of the penalty and the reason for assessing the penalty. This notice of assessment of civil penalty shall be served to violator and shall direct the violator to either pay the assessment or file an appeal within thirty (30) days of receipt of the notice as specified in subsection (E) below.
(D)
Failure to pay civil penalty assessment.
If a violator does not pay a civil penalty assessed by the city manager within thirty (30) days after it is due, or does not request a hearing as provided in subsection (E) below, the city manager shall request initiation of a civil action to recover the amount of the assessment. The civil action shall be brought in Dallas or Ellis County Superior Court or in any other court of competent jurisdiction. A civil action must be filed within three (3) years of the date the assessment was due. An assessment that is appealed is due at the conclusion of the administrative and judicial review of the assessment.
(E)
Appeal and remedy or penalty.
The issuance of an order of restoration and/or notice of assessment of a civil penalty by the city manager shall entitle the responsible party or entity to an appeal before the board of adjustment for the city if such person submits written demand for an appeal hearing within thirty (30) days of the receipt of an order of restoration and/or notice of assessment of a civil penalty. The appeal of an order of restoration and/or notice of assessment of a civil penalty shall be conducted as described in section 13.10.044(e) of this article.
(3)
Criminal penalties.
Violation of this article may be
enforced as a misdemeanor subject to the maximum fine permissible
under state law.
(Ordinance O-09-11 adopted 7/18/11)
