City of Pflugerville, TX ILLICIT DISCHARGE PREVENTION

Prohibition of Illegal Discharges.

No person shall discharge or cause to be discharged into the municipal storm sewer system (MS4) or conveyances any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater or authorized nonstormwater discharges.

Exemptions.

The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this chapter:

(a)

water line flushing or other potable water sources;

(b)

landscape irrigation or lawn watering;

(c)

diverted stream flows;

(d)

rising groundwaters;

(e)

uncontaminated groundwater infiltration to storm drains;

(f)

uncontaminated pumped groundwater;

(g)

foundation or footing drains (not including active groundwater dewatering systems);

(h)

crawl space pumps;

air-conditioning condensation;

(j)

springs;

(k)

noncommercial washing of vehicles;

(l)

natural riparian habitat or wetland flows;

(m)

swimming pools (if dechlorinated - less than one PPM chlorine);

(n)

firefighting activities;

(o)

and any other water source not containing pollutants.

Discharges specified in writing by the city as being necessary to protect public health and safety are exempt from discharge prohibitions.

Dye testing is an allowable discharge, but requires a verbal notification to the city prior to the time of the test.

(4)

The prohibition shall not apply to any nonstormwater discharge permitted under a TPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations of the MS4.

(C)

Specific Prohibitions.

The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition.

No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4 or conveyances:

(a)

Any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other such construction activities, or associated with landfilling or other placement of soil, rock, or other earthen materials.

(b)

Any motor oil, antifreeze, or any other motor vehicle fluid.

(c)

Any industrial waste.

(d)

Any hazardous material, including household hazardous waste, hazardous substances, and hazardous waste.

(e)

Any wastewater or septic tank waste, grease trap waste, or grit trap waste.

(f)

Any garbage, trash, or yard waste, including brush, leaves, grass clippings, or other yard waste previously gathered for disposal.

(g)

Any washwater from a commercial carwash facility or from any vehicle washing, cleaning, or maintenance at any automotive-related facility.

(h)

Any contaminated runoff from a vehicle salvage yard or storage yard.

Any pavement washwater from a service station unless such washwater has passed through a properly functioning and maintained grease, oil, and sand separator before discharge into the MS4 or conveyance.

(j)

Any ready-mix concrete, mortar, ceramic, or asphalt base material or hydromulch material, or material from the cleaning of vehicles or equipment containing, or used in transporting or applying, such materials.

(k)

Any swimming pool, fountain, or spa water, including backwash water, containing total residual chlorine of 1 ppm or more or 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.

(l)

Any introduction of oil into the environment including oil applied to a road or land for dust suppression, weed abatement, or other similar use, or any direct disposal of oil on land or into the MS4 or conveyances.

(m)

Any washwater from parking garage pavement cleaning, unless such washwater has passed through a properly functioning and maintained grease, oil, and sand separator before discharge into the MS4 or conveyance.

(D)

Prohibition of Illicit Connections.

The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.

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.

A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.24 SUSPENSION OF MS4 ACCESS.

Suspension due to Illicit Discharges in Emergency Situations.

The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4, Surface Waters in the State, or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Director or his/her designee may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.

Suspension due to the Detection of Illicit Discharge.

Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.25 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.

Any person subject to a TPDES industrial or construction stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to the allowing of discharges to the MS4.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.26 MONITORING OF DISCHARGES.

Applicability.

This section applies to all facilities that have stormwater discharges associated with industrial activity or construction activity. Nothing in this section relieves facility and construction site operators of responsibilities to obtain appropriate coverage under general or individual permits through the TCEQ and to notify or otherwise report to the TCEQ in accordance with any such permit. Further, nothing in this section implies that the city is assuming the duties of the TCEQ or EPA for inspection or monitoring of activities required under the TPDES permitting system.

Access to Facilities.

The Director or his/her designees shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. 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 city.

Facility operators shall allow the Director or his/her designees ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that shall be kept under the conditions of an TPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

The Director or his/her designees shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility’s stormwater discharge.

(4)

The Director or his/her designees shall have the right to require the discharger to install monitoring equipment as necessary. 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.

(5)

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 Director and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6)

Unreasonable delays in allowing the Director or his/her designees access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

(7)

If the Director or his/her designees has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.27 WATERCOURSE PROTECTION.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.28 NOTIFICATION OF SPILLS.

Hazardous Spills.

Notwithstanding other requirements of this chapter, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials that result in, or may result in, illegal discharges or pollutants discharging into stormwater, the MS4, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and clean up of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

Nonhazardous Spills.

In the event of a release of nonhazardous materials, said person shall notify the city in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.29 ENFORCEMENT.

Notice of Violation.

Whenever the Director or his/her designee finds that a person has violated a prohibition or failed to meet a requirement of this chapter, he/she may order compliance by written “Notice of Violation” to the responsible person by regular and certified mail, return receipt requested. If the return receipt is not completed, receipt of the notice is presumed after ten (10) calendar days. Within twenty (20) days of mailing of such “Notice of Violation” by certified mail, return receipt requested, the alleged violator shall submit to the Director a written explanation of the violation and a written plan for the satisfactory correction and prevention of recurrence thereof, including specific required actions.

Mandatory Compliance Order.

When the Director or his/her designee finds that any discharger has violated, or continues to violate, any provision of the chapter, or any order issued hereunder, the Director may issue a “Mandatory Compliance Order” to the violator by regular and certified mail, return receipt requested. If the return receipt is not completed, receipt of the notice is presumed after ten (10) calendar days.

A “Mandatory Compliance Order” may not extend the deadline for compliance established by a state or federal standard or requirement or otherwise alter such an order, nor shall it relieve the violator of liability for any violation, including any continuing violation. The issuance of a “Mandatory Compliance Order” shall not be a bar against, or a prerequisite for, taking any other action against the violator or any responsible party. The “Mandatory Compliance Order” may constitute the ordering of any one or more of the following:

(a)

Compliance within Time Limit.

Directing that the violator come into compliance within a specified time limit. Such an order also may contain other requirements to address noncompliance, including additional self-monitoring and management practices designed to mitigate the amount of pollutants discharged to the MS4 or conveyances.

(b)

Remediation, Abatement, and/or Restoration.

Directing that the violator, if the violation has adversely affected the MS4 or conveyances thereof, undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4 or conveyances, and/or to restore any part of the MS4 or conveyances that have been harmed. Such remedial, abatement, and restoration action may include, but shall not be limited to:

Monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement and/or restoration action;

Confinement, removal, clean up, treatment, and disposal of any discharged or released pollutant or contamination;

Prevention, minimization, and/or mitigation of any damage to the public health, safety, welfare, or the environment that may result from the violation;

Restoration or replacement of city property or natural resources damaged by the violation.

(ii)

Any expenses related to the remediation, abatement, and/or restoration incurred by the city shall be fully reimbursed by the person deemed responsible by the Director. If the amount due is not paid within a timely manner, as determined by decision of the city, then the charges shall become a special assessment against the property and shall constitute a lien for the amount of the assessment.

(c)

Emergency Cease and Desist Order.

The “Emergency Cease and Desist Order” directs that the violator immediately cease and desist from all violations if the violations have caused or contributed to an actual or threatened discharge to the MS4 or any conveyances which reasonably appears to present an imminent or substantial endangerment to the health, safety, or welfare of persons or to the environment; or if past violations are likely to recur. The “Emergency Cease and Desist Order” may also direct the violator to immediately comply with all chapter requirements and 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.

(ii)

Any violator notified of an “Emergency Cease and Desist Order” shall immediately comply and stop or eliminate the endangering discharge. In the event of the violator’s failure to immediately comply voluntarily with the “Emergency Cease and Desist Order,” the Director and his/her designees may take such steps as deemed necessary to prevent or minimize harm to the MS4 or conveyances, and/or endangerment to persons or to the environment. Any expenses related to the remediation, abatement, and/or restoration incurred by the city shall be fully reimbursed by the person deemed by the Director to be responsible. If the amount due is not paid within a timely manner, as determined by decision of the city, then the charges shall become a special assessment against the property and shall constitute a lien for the amount of the assessment.

(iii)

The city may allow the violator to recommence its discharge when it has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless further termination proceedings are initiated against the violator under this chapter. A violator that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the Director describing the causes of the harmful discharge and the measures taken to prevent any further occurrence within five (5) days of receipt of the “Emergency Cease and Desist Order.” Nothing in this section shall negate the right of the city to obtain compliance by suit, including a suit for enforcement pursuant to Texas Local Government Code chapter 54, as amended.

(d)

Construction Stop-Work Order.

Whenever the Director or his/her designees find that any operator of a construction site has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Director may order that a “Construction Stop-Work Order Regarding Illicit Discharge” be issued to the operator or person responsible, posted at the construction site, and distributed to all city departments whose decisions affect any activity at such site. Unless express written exception is made by the city, the “Construction Stop-Work Order Regarding Illicit Discharge” shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, or any other city authorization necessary to commence or continue construction or to assume occupancy at the site. Issuance of a “Construction Stop-Work Order Regarding Illicit Discharge” shall not be a hindrance to, or a prerequisite for, taking any other action against the violator. When a violation or violations of this chapter that have resulted in a “Construction Stop-Work Order Regarding Illicit Discharge” being issued have been resolved or mitigated to the satisfaction of the Director or his/her designees, the operator of the construction site may resume work on the site. The Director will provide written notice to the operator that the conditions that resulted in the Construction Stop-Work Order Regarding Illicit Discharge have been resolved.

(ii)

Upon resolution of the violation, the Director shall submit a written commence work operations to the operator of a construction site. The operator shall be permitted to begin work within the time as designated by the Director or his/her designees and no further actions shall be taken unless a violation occurs.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.30 COST OF ABATEMENT OF THE VIOLATION.

Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.31 INJUNCTIVE RELIEF.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(Ordinance 1095-11-12-13, passed 12-13-11)

§ 158.32 PENALTY.

Any person or corporation that has violated or continues to violate any of the provisions of this chapter, or who fails to comply herewith or with any of the requirements hereof, shall be subject to a maximum fine of not more than $2,000.00 for each day any such violation shall continue. A Civil penalty may be assessed under chapter 54 of the Texas Local Government Code ranging up to $10,000.00 per day in addition to the criminal penalties, depending on the circumstances, as provided by State law.

Each violation shall be considered a separate offense. The owner or owners of any property or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, engineer, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof, shall be fined as herein provided.

The Director or his/her designees will submit a written violation to all persons corporation in association with the property or premises and separate offenses shall be determined accordingly.