Operators of public or private “construction activities” shall be required to select, install, implement, and maintain stormwater control measures that comply with city’s Engineering Design Guidelines and Construction Standards (EDGCS), TPDES Construction General Permit, TPDES MS4 General Permit, or other ordinances that may apply to construction activities. Construction activities include, at a minimum, all public and private construction sites. The Operator shall ensure the following minimum requirements are effectively implemented:
(1) 
Planning Requirements for Site Development during Construction.
(a) 
Development of sites one (1) acre or more.
(i) 
An NPDES or TPDES stormwater pollution prevention plan is currently required by EPA or TCEQ for all construction projects where one (1) or more acres will be disturbed during development. Developments of sites that disturb one (1) acre or more within the city’s jurisdiction shall prepare an NPDES or TPDES stormwater pollution prevention plan stat [that] satisfies EPA or TCEQ regulations and the NPDES or TPDES construction general permit.
a. 
A copy of the NPDES or TPDES stormwater pollution prevention plan shall be provided to the City’s Engineer.
b. 
A copy of any notice of intent (NOT) provided to EPA or TCEQ shall be provided to the City Engineer. Approval of the elements of the NPDES or TPDES stormwater pollution prevention plan is not required by the City Engineer. However, the City Engineer or to his/her designee(s) of other city personnel may require correction of any deficiencies in the NPDES or TPDES stormwater pollution prevention plan, and may require additional measures in order to meet the minimum requirements of the pollution control measures section below.
c. 
A copy of any notice of termination (NOT) submitted to EPA or TCEQ shall be provided to the City Engineer.
(ii) 
If the site is one (1) acre or more, but less than one (1) acre and more than one-quarter (1/4) acre will be disturbed, an NPDES or TPDES stormwater pollution prevention plan is not required, but an erosion and sedimentation control plan as defined in the definition section, is required, unless the site is a single-lot, single-family residential construction that is not part of a larger development that requires an NPDES or TPDES permit.
(b) 
Development of sites less than one (1) acre and more than one-quarter (1/4) acre.
(i) 
An erosion and sedimentation control plan, as defined in the Engineering Design Guidelines is required for commercial construction, industrial construction, multifamily residential construction, and development of a residential subdivision within the city’s jurisdictional area where less than one (1) acre but more the one-quarter (1/4) acre will be developed. The area of the development will be based upon the platted lot area or, if not platted, upon the area of the tract owned by the developer, including all contiguous property by the same person. Disturbance of a partial area of a tract is not a condition that will cause a change of the category in development size.
(ii) 
Submission of a site-specific erosion and sedimentation control plan is not required for a single-lot, single-family residential construction, unless it is part of a larger development that requires an NPDES or TPDES permit.
(iii) 
The erosion and sedimentation control plan shall include any measures as required to comply with the pollution control measures section below. An erosion and sedimentation control plan shall be submitted to the City Engineer for review before issuance of a building permit or approval to begin development.
(iv) 
Implementation of the pollution control measures detailed in the plan is required. (Inspection of the status of the pollution control measures will be performed by city personnel during normal construction inspection and at other times when construction activities may be conducted).
(v) 
A certificate of occupancy will not be issued until the City Engineer is satisfied that all temporary and permanent measures specified by the plan are complete.
(vi) 
The city shall not accept any public improvements until all temporary and permanent measures specified by the plan are complete, unless the responsible party has entered into a maintenance agreement with the city.
(vii) 
An erosion and sedimentation control plan is not required when a portion of a previously developed tract of land is redeveloped, unless the redevelopment will result in the conversion of more than one-quarter (1/4) acre from a porous surface to an impervious surface.
(c) 
Development of sites one-quarter (1/4) acre or less and single-lot, single-family residential construction.
A site-specific erosion and sedimentation control plan is not required for the development of sites which are one-quarter (1/4) acre in size or less, nor for single-lot, single-family residential construction. However, the responsible party shall comply with the pollution control measures in [this] section.
(i) 
In order to obtain a building permit, a responsible party shall provide written acknowledgement that the responsible party is aware of the pollution control measures of the city and that the responsible party will comply with these measures during the development of the property.
(ii) 
In order to obtain a certificate of occupancy, a responsible party shall certify that all necessary temporary or permanent pollution control measures specified in the pollution control measures section are in place. If adequate pollution control measures are not in place, the Building Official is authorized to withhold the certificate of occupancy.
(iii) 
Prior to requesting acceptance of any public improvements required under subchapter 15.P, Acceptance of Subdivision as complete, of the Unified Development Code, a responsible party must certify that all necessary permanent pollution control measures, other than the required stabilization, are in place. If adequate pollution control measures are not in place, the City Engineer will not accept any improvement required by subchapter 15 of the Unified Development Code unless the responsible party has entered into a maintenance agreement with the city.
(d) 
For purposes of this section, the entire plat or site shall be considered to be the area being disturbed unless otherwise specified within the site plan. The responsible party shall take appropriate measures to ensure no construction related activities disturb any area that is not designated as disturbed on the plat or site plan.
(2) 
Special Land Use Requirements.
Any plans submitted for a building permit for the development of property that will be used for one of the following uses shall identify the appropriate best management practices, published in the city’s Engineering Design Guidelines and Construction Standards that the responsible party will adopt to prevent pollutants associated with the use from being discharged into the city’s MS4.
(a) 
Fueling stations.
(b) 
Vehicle/equipment washing and steam cleaning facilities.
(c) 
Facilities engaged in harmful liquid materials loading and unloading.
(d) 
Facilities engaged in container storage in aboveground tanks.
(e) 
Facilities engaged in container storage of harmful liquids (such as oil, chemicals, and hazardous wastes).
(f) 
Facilities engaged in outdoor storage of raw materials that are subject to leaching and transport by erosion and sedimentation, such as gravel, sand, topsoil, compost, sawdust, wood chips, building materials, including lumber, which are subject to leaching; and concrete and metal products, which are subject to chemical erosion, corrosion, and leaching.
(3) 
Pollution Prevention Measures.
Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures shall be designed, installed, implemented and maintained to:
(a) 
Minimize the discharge of pollutants from equipment and vehicle washing, wheel washwater, and other washwaters. Washwaters shall be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
(b) 
Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and
(c) 
Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
(4) 
Prohibited Discharges.
The following discharges are prohibited:
(a) 
Wastewater from washout of concrete vehicles, unless managed by an appropriate control;
(b) 
Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;
(c) 
Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
(d) 
Soaps or solvents used in vehicle and equipment washing.
(Ordinance 1095-11-12-13, passed 12-13-11)
All sites requiring a site development or construction permit that discharge to a tributary listed by the state as an impaired water for sediment or turbidity under the CWA section 303(d), and other sites as determined by the city or permitting authority to be a significant threat to water quality, shall be subject to inspection by the Director or his/her designees prior to land disturbance, during active construction, and following active construction, within the requirements as referenced in the Engineering Design Guidelines.
(Ordinance 1095-11-12-13, passed 12-13-11)