The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction activity.
Activities subject to TPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Department.
The Department of Public Works of the City of Wichita Falls, Texas or an authorized representative thereof.
Director.
The director of the department.
EPA.
U.S. Environmental Protection Agency.
Hazardous materials.
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal discharge.
Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in this article.
Industrial activity.
Activities subject to TPDES Industrial Permits, as defined in 40 CFR 122.26(b)(14).
Municipal separate storm sewer system orMS4.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are:
(1) 
Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including special district under state law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under section 208 of the Act that discharges into surface waters of the state;
(2) 
Designed or used for collecting or conveying solely stormwater;
(3) 
Not a combined sewer; and
(4) 
Not a part of a publicly owned treatment works.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit.
A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Non-stormwater discharge.
Any discharge to the storm drainage system that is not composed entirely of stormwater.
Notice of intent or NOI.
The notice of intent that is required by the NPDES Stormwater Multi-Sector General Permit, the EPA Region 6 NPDES Stormwater Construction general permit, or any similar general permit to discharge stormwater associated with industrial activity that is issued by the EPA or the TCEQ.
Person.
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
Pollutant.
The term “pollutant” includes the following substances:
(1) 
Used motor oil, antifreeze, or any other motor vehicle fluid;
(2) 
Industrial waste;
(3) 
Hazardous waste, including hazardous household waste;
(4) 
Domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
(5) 
Solid waste, including yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations;
(6) 
Wastewater from:
a. 
A commercial carwash facility;
b. 
Any vehicle washing, cleaning, or maintenance at any rental agency, body shop, repair shop, or maintenance facility; or
c. 
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 two such vehicles;
(7) 
Wastewater from the washing, cleaning, de-icing, or other maintenance of aircraft;
(8) 
Wastewater from commercial floor, rug, or carpet cleaning;
(9) 
Wastewater from the washdown 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 material have been previously removed;
(10) 
Effluent from an emissions scrubber, emissions filter, or the blowdown from a boiler;
(11) 
Ready-mixed concrete, mortar, ceramic, or asphalt-based material or hydromulch material, or material from the cleaning of commercial vehicles or equipment containing, or used in transporting or applying, such material;
(12) 
Filter backwash from a public swimming pool;
(13) 
Public swimming pool water containing total residual chlorine of one mg/l or more or containing any harmful quantity of muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;
(14) 
Paints, varnishes, and solvents;
(15) 
Oil and other automotive fluids;
(16) 
Pesticides, herbicides, and fertilizers, except as runoff from land to which the same was applied in conformity with manufacturer-recommended concentrations;
(17) 
Wastes and residues that result from constructing a building or structure;
(18) 
Noxious or offensive matter of any kind; and
(19) 
Any substance or material that will damage, block, or clog the MS4.
Premises.
Any building, lot, parcel of land, or portion of land whether improved or unimproved.
Storm drainage system.
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, rivers, and other drainage structures.
Stormwater.
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Stormwater pollution prevention plan.
A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
Texas Pollutant Discharge Elimination System or TPDES.
The program delegated to the State of Texas by the EPA pursuant to 33 USC 1342(b).
TCEQ.
The Texas Commission on Environmental Quality or its successor agency.
TPDES.
The Texas Pollutant Discharge Elimination System.
Wastewater.
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(2001 Code, sec. 106-1050; Ordinance 41-2010 adopted 8/3/10)
(a) 
It shall be unlawful to discharge or cause to be discharged into the storm drainage system any pollutant or waters containing any pollutant.
(b) 
It shall be unlawful to continue any discharge water suspected of containing a pollutant into the storm drainage system after notification by the city’s Department of Public Works that the wastewater has been reasonably determined by such department to contain a pollutant.
(c) 
It shall be unlawful to introduce or cause to be introduced into the storm drainage system any discharge that causes or contributes to causing the city to violate a water quality standard, the city’s TPDES permit, or any state-issued discharge permit for discharges from the city’s MS4.
(d) 
It shall be unlawful to introduce or cause to be introduced into the storm drainage system any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities in excess of what could be reasonably retained on site or captured by employing sediment and erosion control measures in accordance with a person’s required NPDES permit, TPDES permit, or applicable state or federal requirements.
(e) 
It shall be unlawful to discharge used motor oil into the storm drainage system, a septic tank, surface water, groundwater, or watercourse.
(f) 
It shall be unlawful to mix or commingle used motor oil with solid waste and:
(1) 
Leave said solid waste in a facility that is intended for city waste pickup; or
(2) 
Dispose of said solid waste in the city landfill.
(g) 
It shall be unlawful to apply used motor oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used motor oil into the environment.
(h) 
It shall be unlawful to construct, use, or maintain any of the following connections to the storm drainage system:
(1) 
Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drainage system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and washwater to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by any government agency; or
(2) 
Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records submitted to and approved by the city.
(2001 Code, sec. 106-1051; Ordinance 41-2010 adopted 8/3/10)
It shall be an exception to prosecution pursuant to this article that a discharge into the storm drainage system was one or more of the following:
(1) 
Water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life);
(2) 
Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater or surface water sources;
(3) 
Discharges from potable water sources;
(4) 
Diverted stream flows;
(5) 
Rising groundwaters or springs;
(6) 
Uncontaminated groundwater infiltration;
(7) 
Uncontaminated pumped groundwater;
(8) 
Foundation and footing drains;
(9) 
Air conditioning condensation;
(10) 
Water from crawl space pumps;
(11) 
Individual residential vehicle washing;
(12) 
Flows from wetlands and riparian habitats;
(13) 
Swimming pool discharges from pools that are not open for public use;
(14) 
Street washwater;
(15) 
Discharges or flows from firefighting activities;
(16) 
Washwater from the cleaning of new or used vehicles awaiting sale;
(17) 
Other allowable non-stormwater discharges listed in 40 CFR 122.26(d)(2)(iv)(B)(l);
(18) 
Non-stormwater discharges that are specifically listed in the TPDES multisector general permit or the TPDES construction general permit; and
(19) 
Other similar occasional incidental non-stormwater discharges, unless the TCEQ develops permits or regulations addressing those discharges.
(2001 Code, sec. 106-1052; Ordinance 41-2010 adopted 8/3/10)
(a) 
The department may, without prior notice, suspend, block or terminate a discharge or threatened discharge into the storm drainage system when such suspension, blockage or termination is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the health or welfare of any person. Upon such termination, the department shall, to the extent feasible, place notice of such suspension, termination or blockage on the affected property.
(b) 
The department may, with prior notice placed on the property of the alleged violator and opportunity for hearing, suspend, block or terminate a discharge or threatened discharge into the storm drainage system when such suspension, blockage, or termination is necessary or appropriate to stop or reduce a substantial danger of a discharge that would violate this article or cause the city to potentially violate its NPDES or TPDES permit.
(c) 
If the city takes action to terminate access to the city’s storm drainage system, any affected property owner may file a written request with the department for reconsideration and hearing related to the termination.
(d) 
If the city terminates access to the storm drainage system, then, in the absence of authorization from the department, it shall be unlawful to reconnect access of a terminated property to the storm drainage system or allow the continuation of such reconnected access.
(2001 Code, sec. 106-1053; Ordinance 41-2010 adopted 8/3/10)
(a) 
A person who is the operator of an industrial facility or construction activity of one acre or larger commits an offense if the person discharges, or causes to be discharged water into the storm drainage system without first having obtained a NPDES or TPDES permit to do so unless said person is exempt from the requirements of an NPDES or TPDES permit.
(b) 
Any person subject to an industrial or construction activity NPDES or TPDES stormwater discharge permit shall comply with all provisions of such permit. The department may suspend, block or terminate access to the storm drainage system unless a property owner submits a copy of all documentation determined by the department to be necessary to prove that an operator of an industrial or construction activity is complying with the terms of the aforementioned permit.
(c) 
An operator of a facility who is required to have a NPDES or TPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent (NOI) to the department at the same time the operator submits the original notice of intent to TCEQ. It shall be unlawful to operate a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the notice of intent to do so to the department.
(d) 
An operator of a facility who is required to have a NPDES or TPDES permit shall maintain a copy of its stormwater pollution prevention plan on-site or sign indicating where the plan may be obtained. An operator must be able to present it to a representative of the department upon request at any time during regular office hours of the operator.
(2001 Code, sec. 106-1054; Ordinance 41-2010 adopted 8/3/10)
(a) 
This section applies only to all facilities that have stormwater discharges associated with:
(1) 
Industrial activity; or
(2) 
Construction activity exceeding one acre in size.
(b) 
Representatives of the department shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the department.
(c) 
Facility operators shall allow the department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or TPDES permit to discharge stormwater, and the performance of any additional duties, as defined by state and federal law.
(d) 
The department shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(e) 
The department may require the discharger to install monitoring equipment as it deems to be necessary to ensure the facility complies with its NPDES and/or TPDES permit. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own 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 operator at the written or oral request of the department and shall not be replaced. The costs of clearing such access shall be borne by the operator of the facility.
(g) 
Unreasonable delays in allowing the department access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with a NPDES or TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the department reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(h) 
If the department has been refused access to any part of the premises from which stormwater is discharged, and the department is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of citizens, then the department may seek issuance of a search warrant from any court of competent jurisdiction.
(i) 
Notwithstanding other requirements of law, as soon as any owner or operator of a facility or construction site has information of any known or suspected release of materials which result in illegal discharges or pollutants discharging into the storm drainage system, then said person shall take all necessary steps to ensure the containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall notify emergency response agencies and the department of the occurrence within 24 hours after said person’s discovery thereof. The owner or operator of the facility or construction site shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence for at least three years following the release event.
(2001 Code, sec. 106-1055; Ordinance 41-2010 adopted 8/3/10)
(a) 
In addition to other available remedies, if the department finds that a person has violated a prohibition or failed to meet a requirement of this article, the department may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit connections or discharges;
(3) 
That violating discharges, practices, or operations shall cease and desist;
(4) 
The abatement or remediation of stormwater pollution, contamination hazards, and other violations of this article;
(5) 
The restoration of any affected property; and
(6) 
Payment of the cost of restoring damaged parts of the city’s storm drainage system.
(b) 
Any person receiving a notice of violation may file a written appeal of such determination to the director of the department. The notice of appeal must be received by the director within ten calendar days from the date of the notice of violation. After receiving such written notice of appeal, the director shall give the recipient of the notice of violation an opportunity for a hearing on the violations.
(c) 
If the violation has not been corrected within seven days after the notice of violation or, in the event of a valid appeal, within seven days of the decision of the director upholding the decision of the department, then representatives of the department may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth in this section.
(2001 Code, sec. 106-1056; Ordinance 41-2010 adopted 8/3/10)
(a) 
Failure of a property owner or facility operator to comply with a notice of violation issued pursuant to this article is deemed to be furtherance of:
(1) 
An unwholesome situation;
(2) 
A condition that may produce disease;
(3) 
The presence of impure or unwholesome matter;
(4) 
Objectionable, unsightly, and unsanitary matter; and
(5) 
A public nuisance.
(b) 
If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within seven days of notice of a violation, the department may:
(1) 
Do the work or make the improvements required; and
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(c) 
In performing or contracting for the aforementioned work or improvements, the department must comply with the procedures established in Texas Health and Safety Code sec. 342.006, as amended. After following such procedures, the department may assess the expenses of such work against the real estate on which the work is done or improvements are made in accordance with Texas Health and Safety Code sec. 342.007, as amended.
(2001 Code, sec. 106-1057; Ordinance 41-2010 adopted 8/3/10)
(a) 
Violation of a provision of this article is declared to be a violation of an ordinance involving health and safety. Accordingly, it shall be punishable by a fine in an amount not to exceed $2,000.00 per violation and as provided by section 1-14.
(b) 
If a person has violated or continues to violate the provisions of this article, the city attorney may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations of this article or compelling the person to perform abatement or remediation of the violation.
(2001 Code, sec. 106-1058; Ordinance 41-2010 adopted 8/3/10)