This chapter shall be known, and may be cited, as the Stormwater
Pollution Control Ordinance of the City of Pflugerville, Texas.
(Ordinance 1095-11-12-13, passed 12-13-11)
The City Engineer shall implement and enforce the provisions
of this chapter, except for public works construction projects and
municipal operations that are administered or controlled by another
city department. For public works construction projects that are administered,
performed, contracted, or funded (in whole or in part) by the city,
the Director of the city department that is administering, performing,
or contracting for the construction project shall implement and enforce
the provisions of this chapter. The Director of each city department
shall also implement and enforce the provisions of this chapter for
all municipal operations under his/her direction. Any powers granted
to or duties imposed in this chapter upon the City Engineer or the
Director of another city department may be delegated by him/her to
other city personnel.
(Ordinance 1095-11-12-13, passed 12-13-11)
The following abbreviations when used in this chapter shall
have the designated meanings:
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BMP
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Best management practices
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BOD
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Five day biochemical oxygen demand
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CFR
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Code of Federal Regulations
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City
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City of Pflugerville
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COD
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Chemical oxygen demand
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CSCE
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Comprehensive site compliance evaluation
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CWA
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Clean Water Act
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EDGCS
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Engineering design guidelines and construction standards
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EPA
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U.S. Environmental Protection Agency
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ESCP
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Erosion and sedimentation control plan
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HHW
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Household hazardous waste
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LPE
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Licensed professional engineer
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MEP
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Maximum extent practicable
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Mg/l
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Milligrams per liter
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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
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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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PCMOM
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Post-Construction Maintenance and Operation Manual
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pH
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Measure of acidity or alkalinity
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POTW
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Publicly owned treatment works
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PPM
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Parts per million
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PST
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Petroleum storage tank
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SWPPP
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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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TSS
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Total suspended solids
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USC
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United States Code
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(Ordinance 1095-11-12-13, passed 12-13-11)
For the purposes of this chapter, the following definitions
shall apply unless the context indicates or requires a different meaning.
Terms not defined herein shall be construed in accordance with customary
usage.
Methods that have been determined to be the most effective,
practical means of preventing or reducing pollution from nonpoint
sources, such as pollutants carried by urban runoff. These methods
can be structural (e.g., devices, ponds, engineered or constructed
to prevent or manage stormwater) or nonstructural (e.g., policies
to reduce imperviousness). BMP’s classified as “nonstructural”
are those that rely predominantly on behavioral changes rather than
construction in order to be effective. “Structural” BMP’s
are engineered or constructed to prevent or manage stormwater.
BMP’s also include schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices
to prevent or reduce the pollution of waters of the United States.
BMP’s also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
This is a person knowledgeable in the principles and practices
of erosion and sediment controls who possesses the skills to assess
conditions at the construction site that could impact stormwater quality
and to assess the effectiveness of any sediment and erosion controls
measures selected to control the quality of stormwater discharges
from the construction site.
The Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
The initial disturbance of soils associated with clearing,
grading, excavating, landfilling, and other construction activities.
Pertaining to any business, trade industry, or other activity
engaged in for profit.
Activities associated with the disturbance of soils or other
earthen materials including, but not limited to, clearing and grubbing,
grading, excavating, and demolition or other construction activities.
Containing a harmful quantity of any substance.
Including, but not limited to stream, channel, drainage way,
tributary, floodplain, storm drainage system, drainage system appurtenance,
waterbody, watercourse, or waterway.
City Manager or designee, who shall serve as an authorized
representative of the city, that is responsible for administering,
performing, or contracting for the construction project.
Any addition or introduction of any substance into the Municipal
Separate Stormwater Sewer System (MS4).
Any person who causes, allows, permits, or is otherwise responsible
for a discharge, including, but not limited to, any operator of a
construction site of industrial facility.
The city’s guidelines pertaining to the City’s
Engineering practices and standard details that conform to the city’s
Comprehensive Master Plan as well as city standards, codes, and ordinances.
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency, or commission that
may succeed to the authority of the EPA, and any duly authorized official
of the EPA or such successor agency.
A site plan that contains the following information:
The outline of the site.
A delineation of the area of the site that will be disturbed
by construction activities.
The general direction of flow of stormwater drainage entering
and leaving the site. If the drainage patters will be altered, both
the existing and proposed drainage patterns shall be shown.
A description of how runon stormwater will be handled, including
sheet flow entering the site from adjoining property.
A description and the location of any environmentally sensitive
area that is located on the site or that adjoins the site and that
will receive stormwater directly from the site.
The boundary line between the site and any adjoining state-owned
submerged land. A preliminary boundary line may be used with a preliminary
plat. The ESCP shall be amended prior to filing of a final plat, once
a final boundary determination has been approved by the General Land
Office to reflect any difference between the preliminary boundary
line and the approved boundary line.
The location of any Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map 100-year floodplain boundaries, floodway
boundaries, or FEMA Velocity Zone boundaries that encroach on the
site. A preliminary boundary line may be used with a preliminary plat.
The ESCP shall be amended prior to filing of a final plat, once a
final boundary determination has been made.
A description and location of all temporary control measures
that will be implemented during construction to control erosion, sedimentation,
and the discharge of pollutants into the city’s MS4.
A description of permanent control measures that will be constructed
to control erosion, sedimentation, and the discharge of pollutants
into the city’s MS4 after construction is completed.
Any substance listed in the Appendices to 40 CFR Part 355,
Emergency Planning and Notification.
Any building, structure, installation, or activity from which
there is or may be a discharge of a pollutant.
A solid or nonsolid 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 status when all soil disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of 90% of the cover for unpaved areas and areas not covered
by permanent structures have been established, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles)
have been employed.
Putrescible animal and vegetable waste materials from the
handling, preparation, cooking, or consumption of food, including
waste materials from markets, storage facilities, and the handling
and sale of produce and other food products.
The amount of any substance due to volume or concentration
that will cause pollution.
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. This term
shall include household hazardous wastes as classified under 40 CFR
Part 261, hazardous substances as listed in Table 302.4 of 40 CFR
Part 302, and hazardous wastes identified or listed by the EPA pursuant
to 40 CFR Part 261.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Any solid waste generated in a household by a consumer including,
but not limited to, products, such as paints, cleaners, oils, batteries,
and pesticides that contain potentially hazardous ingredients that
require special care upon disposal.
Any connection to the MS4 or conveyances that allows for
an illicit discharge.
Any direct or indirect discharge of pollutant to the MS4
or conveyances, except as specifically exempted in this chapter.
Any activity at an industrial facility described by the TPDES
multi- sector general permit, TXR050000, or by any other TCEQ or TPDES
permit including, but not limited to, manufacturing, processing, materials
storage, and waste materials disposal.
Waste resulting from any process of industry, manufacturing,
trade, or business from the development of any natural resource, or
any mixture of the waste with water or domestic wastewater, or distinct
from domestic wastewater.
A person who has been duly licensed (and registered if practicing
as an individual) by the Texas Board of Professional Engineers to
engage in the practice of engineering in the State of Texas.
The technology-based discharge standard for MS4’s established
by section 402(p) of the Federal Clean Water Act.
Any vehicle crankcase oil, antifreeze, transmission fluid,
brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol
blend, and any other fluid used in a motor vehicle.
The day-to-day operation and maintenance activities that
have the potential for contributing pollutant runoff to the MS4.
The storm drainage system operated and maintained by the
city, which is comprised of the following: the system of conveyances
(including, but not limited to, roads with drainage systems, municipal
streets, catchbasins, curbs, gutters, ditches, manmade channels, or
storm drains) owned and operated by the city and designed or used
for collecting or conveying stormwater.
Any discharge to the MS4 that is not composed entirely of
stormwater runoff.
The Notice of Change that is required by the TPDES General
Permit related to stormwater discharges associated with industrial
activity.
The Notice of Intent that is required by either the Industrial
General Permit or the Construction General Permit.
The Notice of Termination that is required by either the
Construction General Permit, the TPDES General Permit for industrial
activity, or other General Permit for the discharge of stormwater.
Any kind of oil in any form, including but not limited to,
petroleum, fuel oil, crude oil or any fraction thereof that is liquid
at standard conditions of temperature and pressure, sludge, oil refuse,
and oil mixed with waste. This term shall include used oil that 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.
The person or persons who, either individually or collectively,
meet the following two criteria:
Have operational control over the facility specifications (including
the ability to make modifications in specifications); and
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, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, lessees, or assigns. This term shall also include all federal,
state, and local governmental entities.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
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 the public health, safety
or welfare, or impairs the usefulness or the public enjoyment of the
water for any lawful or reasonable purpose.
The city document which serves as guidance to assist users
in establishing proper erosion and pollution control measures to be
used during the maintenance and operations of facilities. It outlines
the city’s procedures for complying with water quality regulations,
and guides in the selection of BMP’s for post-construction maintenance
activities and facilities operations related to the MS4.
Persons who possess the appropriate competence, skills, and
ability (as demonstrated by sufficient education, training, experience,
and/or when applicable, any required certification or licensing) to
perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally-accepted
industry standards for such activity.
The act of any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the MS4 or conveyances.
The system of pipes, conduits, and other conveyances which
carry sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, and institutions, whether treated or
untreated, to the sewage treatment plant utilized by the city (and
to which stormwater, surface water, and groundwater are not intentionally
admitted).
The State of Texas.
Any surface flow, runoff, and discharge consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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 Conveyance
Systems, and/or Receiving Waters to the Maximum Extent Practicable
(MEP).
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 water courses and bodies of surface water, that are wholly
or partially inside or bordering the state or subject to the jurisdiction
of the state; except that waters in treatment systems that are created
for the purpose of waste treatment are not considered to be water
in the state.
A written document authorized by the Director revoking MS4
discharge access.
The state agency by that name, the regional offices thereof,
any state department, agency, or commission that may succeed to the
authority of the TCEQ, and any duly authorized official of TCEQ or
such successor agency.
The program delegated to the state by the EPA pursuant to
33 USC §1342(b).
General Permit No. TXR150000 issued by TCEQ on February 15,
2008, as authorized under provisions of section 402 of the Clean Water
Act and chapter 26 of the Texas Water Code.
TPDES General Permit No. TXR050000 issued by TCEQ on July
22, 2011, and effective August 14, 2011, as authorized under provisions
of section 402 of the Clean Water Act and chapter 26 of the Texas
Water Code.
Any water containing pollutants from the act of cleaning
parking lots, vehicles, or building exteriors.
Any defined creek, stream, ditch, arroyo, or other natural
conveyance that is capable of passing stormwater across property and
onto adjacent property. A watercourse shall have observable banks,
and is either a natural conveyance or an artificially altered natural
conveyance. A conveyance that is contained wholly within a single
property and does not convey stormwater off the property onto adjacent
property is not considered to be a watercourse for purposes of this
chapter.
Defined by the 33 CFR Part 328, all waters that 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 the use, degradation, or destruction of
which would affect or could affect interstate or foreign commerce;
all impoundments of waters otherwise defined as waters of the United
States under this definition; all tributaries of waters identified
in this definition; all wetlands adjacent to waters identified in
this definition; and any waters within the federal definition of “waters
of the United States.”
The designation of a body or segment of surface water in
the State for desirable uses and the narrative and numerical criteria
deemed by the State to be necessary to protect those uses, as specified
in chapter 307 of Title 30 of the Texas Administrative Code.
An area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land clearing operations.
(Ordinance 1095-11-12-13, passed 12-13-11)
