(a)
Compliance
with Federal Authority.
The town shall comply with, enforce
and adopt all applicable federal regulations pertaining to stormwater
discharges from regulated small MS4s. All persons within the jurisdiction
of this article shall comply with all applicable federal laws including
the Clean Water Act (33 United States Code §1251 et. seq.) and
the National Pollutant Discharge Elimination System (NPDES) regulations,
as they now exist or as hereafter amended.
(b)
Compliance
with State Authority.
The town shall comply with, enforce
and adopt all applicable sections of Chapter 26 of the Texas Water
Code as it now exists or as hereafter amended. The town shall comply
with all applicable Texas Pollutant Discharge Elimination System (TPDES)
permits and requirements or any state permit, issued hereafter, for
stormwater discharges from its MS4. All persons within the jurisdiction
of this article shall comply with all applicable state laws including
the Texas Water Code and the Texas Pollutant Discharge Elimination
System (TPDES) regulations as they now exist or as hereafter amended.
(c)
Right
of Revision.
The town reserves the right to revise and
to establish, by ordinance, more stringent standards or requirements
on pollution prevention and discharges into, or adjacent to, water
in the state.
(Ordinance 11-03 adopted 4/4/11)
The objectives of this article are as follows:
(1)
To maintain
and improve the quality of surface water within the town;
(2)
To prevent
or reduce the discharge of contaminated stormwater runoff from construction,
industrial, and residential sites into the municipal separate storm
sewer system (MS4) and surface waters within the town;
(3)
To promote
public awareness of the hazards involved on the improper or illegal
discharge of hazardous substances, petroleum products, household hazardous
waste, industrial waste, sediment from construction sites, pesticides,
herbicides, fertilizers, and other contaminants into the natural inlets
of the town;
(4)
To promote
recycling of used motor oil, and safe disposal of other hazardous
consumer products or waste byproducts;
(5)
To facilitate
compliance with federal and state rules and regulations by owners
and operators of construction sites and commercial and industrial
facilities within the town;
(6)
To enable
the town to comply with all federal and state laws and regulations
applicable to stormwater discharges;
(7)
To establish
legal authority to carry out all inspections, surveillance monitoring,
and enforcement procedures necessary to ensure compliance with applicable
permits.
(Ordinance 11-03 adopted 4/4/11)
The following definitions shall apply in the interpretation
and enforcement of this article:
The director of public works and the director’s authorized
representatives are authorized to administer, implement, and enforce
the provisions of this article.
Any stormwater runoff from orchards, cultivated crops, pastures,
range lands, and other nonpoint source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 CFR §122.23 or discharges from concentrated aquatic production
facilities as defined in 40 CFR §122.24.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent the pollution
of the MS4 and waters in the state. Best management practices also
include treatment requirements, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw materials storage areas.
Construction site waste materials, such as natural rock and
soil overburden.
The Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972; legislation which provides
statutory authority for the National Pollutant Discharge Elimination
System program.
A codification of the general and permanent rules published
in the federal register by the executive department and agencies of
the federal government.
The initial disturbance of soils associated with clearing,
grading or excavation activities, as well as other construction-related
activities (e.g. stockpiling of fill material, demolition).
Pertaining to any business, trade, industry or other activity
engaged in for profit.
A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities.
A common plan of development or sale is identified by the documentation
for the construction project that identifies the scope of the project,
and may include plats, blueprints, marketing plans, contracts, building
permits, a public notice or hearing, zoning requests, or other similar
documentation and activities. A common plan of development does not
necessarily include all construction projects with the jurisdiction
of a public entity (e.g., a city or university). Construction of roads
or buildings in different parts of the jurisdiction would be considered
separate common plans with only the interconnected parts of a project
being considered part of a common plan (e.g., a building and its associated
parking lot and driveways, airport runway and associated taxiways,
a building complex, etc.). Where discrete construction projects occur
within a larger common plan of development or sale but are located
one-quarter (1/4) mile or more apart, and the area between the projects
is not being disturbed, each individual project can be treated as
a separate plan of development or sale, provided that any interconnecting
road, pipeline, or utility project that is part of the same common
plan is not included in the area to be disturbed.
Construction activities including clearing, grading, and
excavation that are subject to TPDES general construction permits.
It 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. Additionally,
it does not include the routine grading of existing dirt roads, asphalt
overlays of existing roads, the routine clearing of existing rights-of-way,
and similar maintenance activities.
The TPDES construction general permit TXR150000, any successor
permit, or any alternative TPDES permit for stormwater discharges
associated with construction activity (if the activity does not qualify
for coverage under general permit TXR150000) or the NPDES permit for
oil and gas exploration activities.
The person or persons associated with a small or large construction
activity that meets either of the following criteria:
Primary Operator.
(A)
(B)
The person or persons associated with a large or small construction
activity that meets either of the following two criteria:
The person or persons that have operational control over construction
plans and specifications, including the ability to make modifications
to those plans and specifications; or
The person or persons that have day-to-day operational control
of those activities at a construction site that are necessary to ensure
compliance with a stormwater pollution prevention plan for the site
or other permit conditions (e.g. they have day-to-day responsibility
for directing workers at a construction site to carry out activities
required by the stormwater pollution prevention plan or comply with
other permit conditions).
Secondary Operator.
The person whose operational control is limited to the employment
of other operators or to the ability to approve or disapprove changes
to plans and specifications. A secondary operator is also defined
as a primary operator and shall comply with the permit requirements
for primary operators if there are no other operators at the construction
site.
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Any person(s) contracted by the town to conduct the day-to-day
operational activities at a site of municipal construction activity
shall be considered a primary operator for the purposes of this article.
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The presence of or entry into a public water supply system,
the MS4 or water in the state, any substance which may be detrimental
to the public health and/or the quality of water.
For the purposes of this article, the contractor is the person
or persons that have day-to-day operational control of those activities
at a construction site that are necessary to ensure compliance with
local pollution prevention requirements, although they do not qualify
as an operator under the construction permit.
The director of public works of the town (or other official
designated by the town), or his duly authorized agent or representative.
For the purposes of this article, control authority shall be synonymous
with MS4 operator.
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 municipal separate storm
sewer system (MS4), surface water in the state, or into the waters
of the United States. This includes but not limited to, household
hazardous waste, used motor vehicle fluids, and collected quantities
of grass clippings, leaf litter, and animal waste.
Waterborne human waste and waste from domestic activities,
including the use of toilet facilities, washing, bathing, and food
preparation.
The U.S. Environmental Protection Agency or any duly authorized
official of said agency.
The process of land being diminished or worn away due to
wind, water, or glacial ice. Erosion occurs naturally, but can be
intensified by land-disturbing activities such as development, farming,
road building, timber harvesting, etc.
Any building, structure, installation, process 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 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.
A construction site status where any of the following conditions
are met:
All soil disturbing activities at the construction site have
been completed and a uniform (e.g. evenly distributed, without large
bare areas) perennial vegetative cover with a density of 70 percent
of the native background vegetative cover for the area has been established
on all unpaved areas and areas not covered by permanent structures,
or equivalent permanent stabilization measures (such as riprap or
gabions) have been employed;
For individual lots in a residential construction site, the
homebuilder has completed final stabilization on the individual lot(s)
as specified in condition (1) above;
For construction activities on land used for agricultural purposes
(e.g. pipelines across crop or rangeland), final stabilization may
be accomplished by returning the disturbed land to its preconstruction
agricultural use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately adjacent
to surface water and areas, which are not being returned to their
preconstruction agricultural use, shall meet the final stabilization
conditions of condition (1) above.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
Groundwater that enters a 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
water in the state, or that will cause lethal or sub-lethal adverse
affects on representative, sensitive aquatic monitoring organisms
belonging to the municipality or state, upon their exposure to samples
of any discharge into water in the state or the MS4.
Any substance listed in Table 302.4 of 40 CFR Part 302.
Any substance identified or listed as a hazardous waste 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 material generated in a household (including single and
multiple residences, hotels and motels, bunk houses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day use recreational
areas) by a consumer which, except for the exclusion provided in 40
CFR §261.4(b)(1), would be classified as a hazardous waste under
40 CFR Part 261.
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, except discharges authorized
under an NPDES or TPDES permit and discharges resulting from emergency
firefighting activities.
The owner or person that is responsible for the management
of an industrial facility.
The TPDES multi-sector general permit TXR050000, any successor
permit, or any alternative TPDES permit for stormwater discharges
associated with industrial activity (if the activity does not qualify
for coverage under general permit TXR050000).
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade
or business.
Construction activities including clearing, grading, and
excavating that result in land disturbances of equal to or greater
than five acres. Large construction activity also includes the disturbance
of less than five 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 the site (e.g., the routine grading of existing
dirt roads, asphalt overlays of existing roads, the routine clearing
of existing rights-of-way, and similar maintenance activities).
The technology-based discharge standard for municipal separate
storm sewer systems to reduce pollutants in stormwater discharges
that was established by CWA §402(p).
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 public entity, and/or the entity contracted by the public
entity, responsible for management and operation of the municipal
separate storm sewer system.
The system of conveyances (including roads with drainage
systems, municipal streets, alleys, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) owned and operated by
the town and designed or used for collecting or conveying stormwater,
and which is not used for collecting or conveying sewage.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, and includes
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, and other solid waste other than industrial waste.
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing requirements of certain
sections of the federal Clean Water Act.
Any source of any discharge of a pollutant that is not a
point source.
A written submission to the executive director of the permitting
authority, from a permittee, identifying any incorrect information,
changes in information, or relevant facts that were not provided in
the notice of intent.
A written submission to the executive director of the permitting
authority, from an applicant, requesting coverage under a general
permit.
A written submission to the executive director of the permitting
authority, from a permittee authorized under a general permit, requesting
termination of coverage under such permit.
A permit issued by the EPA that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general basis. In the State
of Texas, the EPA retains authority for permitting oil and gas exploration
activities and Indian Country land.
Any kind of oil in any form, including, but not limited to,
petroleum, fuel oil, crude oil or any fraction thereof which is liquid
at standard conditions of temperature and pressure, sludge, oil refuse,
and oil mixed with waste.
A point source at the point where a municipal separate storm
sewer discharges to water in the state and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels,
or other conveyances that connect segments of the same stream or other
waters of the U.S. and are used to convey waters of the U.S.
For the purposes of this article, the owner is the person
or persons that have operational control over construction plans and
specifications, including the ability to make modifications to those
plans and specifications, although they do not qualify as an operator
under the construction permit.
Either an NPDES or TPDES permit, whichever is applicable.
An operator authorized under an NPDES or TPDES permit.
For the purposes of this article, the permitting authority
for stormwater discharges is the state commission on environmental
quality, or any successor agency.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
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 these terms are defined in Section 76.001 of the Texas
Agriculture Code).
(From 40 CFR §122.22) Any discernable, 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.
Dredged spoil, solid waste, incinerator residue, garbage,
sewage, 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 water. The term pollutant does
not include tail water or runoff water from irrigation or rainwater
runoff from cultivated or uncultivated rangeland, pastureland, and
farmland.
(From Texas Water Code §26.001(14)) The alteration of
the physical, thermal, chemical, or biological quality of, or the
contamination of, any 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.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the municipal separate storm sewer system (MS4) or water in the
state.
Any area relating to or located on the bank of a natural
watercourse.
Drainage or flood discharge that leaves an area as surface
flow or as pipeline flow.
The system of pipes, conduits, and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to a sewage treatment
plant (and to which stormwater, surface water, and groundwater are
not intentionally admitted).
Soil, sand, and minerals washed from land into water, usually
after rain.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, outfalls, or storm drains), designed or
used for collecting or conveying stormwater; which is not a combined
sewer, and which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR §122.2.
Any domestic sewage removed from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
The domestic sewage and industrial waste that is discharged
into the town sanitary sewer system and passes through the sanitary
sewer system to a sewage treatment plant for treatment.
Wherever used in this article will be interpreted in its
mandatory sense; may is permissive.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
Construction activities including clearing, grading, and
excavating that result in land disturbances of equal to or greater
than one acre and less than five acres of land. Small construction
activity also includes the disturbance of less than one 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 and less than five 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 the site (e.g., the routine grading of existing dirt roads, asphalt
overlays of existing roads, the routine clearing of existing rights-of-way,
and similar maintenance activities).
The State of Texas.
An opening leading to an underground pipe or an open ditch
for carrying surface runoff.
Any flow occurring during or after any form of natural precipitation,
including rainfall runoff, snowmelt runoff, and surface runoff and
drainage.
Stormwater runoff from a construction activity where soil
disturbing activities (including clearing, grading, and excavating)
result in the disturbance of one or more acres of total land area,
or are part of a larger common plan of development or sale that will
ultimately result in the disturbance of one or more acres of total
land area.
Stormwater runoff that exits any system that is used for
collecting and conveying stormwater that originates from manufacturing,
processing, material storage, and waste material disposal areas (and
similar areas where stormwater can contact industrial pollutants related
to the industrial activity) at an industrial facility described by
one or more sectors of the TPDES multi-sector general permit.
A plan required by a permit to discharge stormwater associated
with industrial activity, including construction, and 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.
A pollution prevention practice that requires the construction
of a device, or the use of a device, to capture or prevent pollution
in stormwater runoff. Structural controls and practices may include
but are not limited to: wet ponds, infiltration basins, stormwater
wetlands, silt fences, earthen dikes, drainage swales, sediment traps,
check dams, stabilized construction entrances, subsurface drains,
storm drain inlet protection, rock outlet protection, reinforced soil
retaining systems, gabions, and temporary or permanent sediment basins.
A condition where exposed soils or disturbed areas are provided
a protective cover or other structural control to prevent the migration
of pollutants. Temporary stabilization may include temporary seeding,
geotextiles, mulches, perimeter controls, and other techniques to
reduce or eliminate erosion until either final stabilization can be
achieved or until further construction activities take place.
The state commission on environmental quality, any duly authorized
official of said agency, or any successor agency.
The state program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing requirements of certain sections
of the Federal Clean Water Act.
The Town of Double Oak, Texas, or any authorized person acting
in its behalf.
A permit issued by the state that authorizes discharges of
pollutants to water in the state and waters of the United States,
whether the permit is applicable on an individual, group or general
basis.
Not containing a harmful quantity of any pollutant.
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.
Any groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico inside the territorial
limits of the state, and all other bodies of surface water, natural
or artificial, inland or coastal, fresh or salt, navigable or non-navigable,
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 inside the jurisdiction of the state.
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 Title 30, Chapter 307 of the Texas Administrative Code.
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
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”
at 40 CFR §122.2; but not including any waste treatment systems,
treatment ponds, or lagoons designed to meet the requirements of the
Federal Clean Water Act.
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 11-03 adopted 4/4/11)
(a)
No person
shall introduce or cause to be introduced, into the MS4, any discharge
that is not composed entirely of stormwater, except those discharges
listed in allowable nonstormwater discharges below.
(b)
No person
shall discharge or cause to be discharged, into the MS4, any harmful
quantity of any substance, as determined by the control authority.
(c)
No person
shall introduce or cause to be introduced, into the MS4, any harmful
quantity of sediment, silt, earth, soil or other material associated
with clearing, grading, excavation, or any other construction activities,
in excess of what could be retained on-site or captured by employing
erosion and sediment control measures to the maximum extent practicable.
(d)
No person
shall use, store, or dispose of any harmful quantity of any substance
in any manner that introduces that substance into the MS4 or the environment.
(e)
No person
shall discharge waste concrete into or adjacent to the MS4 or water
in the state.
(f)
No person
shall intentionally dispose of yard wastes, such as grass clippings,
leaves and tree branches into the MS4 or water in the state.
(g)
No person
shall introduce or cause to be introduced, into the MS4, any discharge
that causes the town to violate its TPDES permit for stormwater discharges
associated with small MS4s or any other discharge permit for discharges
from its MS4.
(h)
No person
shall release or cause, allow, or permit to be introduced any of the
following substances into the MS4 nor onto or into the ground or air
such that the substance may enter the air or groundwater:
(1)
Any
used motor oil, antifreeze, or any other motor vehicle fluid;
(2)
Any
industrial waste;
(3)
Any
hazardous waste, including hazardous household waste;
(4)
Any
domestic sewage or septic tank waste, grease trap waste, or grit trap
waste;
(5)
Any
wastewater from a commercial carwash facility; from any commercial
vehicle washing, cleaning, or maintenance at any new or used automobile
or other vehicle dealership, rental agency, body shop, repair shop,
or maintenance facility;
(6)
Any
wastewater from a commercial mobile power washer or from the washing
or other cleaning of a building exterior where the wastewater contains
any harmful cleaning substance;
(7)
Any
wastewater from commercial floor, rug, or carpet cleaning;
(8)
Any
wastewater from the wash down or other cleaning of pavement that contains
any harmful quantity of any 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
material have been previously removed;
(9)
Any
effluent from a cooling tower, condenser, compressor, emissions scrubber,
emissions filter, or the blow down from a boiler;
(10)
Any
ready-mixed concrete, mortar, ceramic, or asphalt base material or
hydromulch material, or from the cleaning of commercial vehicles or
equipment containing, or used in transporting or applying, such material;
(11)
Any
filter backwash from a swimming pool, fountain, or spa;
(12)
Any
swimming pool or spa water;
(13)
Any
discharge from water line disinfection by super-chlorination or other
means if it contains any harmful quantity of chlorine or any other
chemical used in line disinfection;
(14)
Any
water from a water curtain in a spray room used for painting vehicles
or equipment;
(15)
Any
contaminated runoff from a vehicle wrecking or storage yard;
(16)
Any
substance or material that will damage, block, or clog the MS4;
(17)
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 complies with all state and federal
standards and requirements.
(Ordinance 11-03 adopted 4/4/11)
(a)
The following nonstormwater discharges are not prohibited and may be discharged to the MS4, provided that subsection (b) below does not apply:
(1)
A discharge
authorized by, and in full compliance with, a TPDES or NPDES permit;
(2)
Water
line flushing (excluding discharges of hyperchlorinated water, unless
the water is first dechlorinated and discharges are not expected to
adversely affect aquatic life);
(3)
Runoff
or return flow from landscape irrigation, lawn irrigation, and other
irrigation utilizing uncontaminated sources of potable water, groundwater,
or surface water;
(4)
Uncontaminated
discharges from a potable water source;
(5)
Uncontaminated
diverted stream flows;
(6)
Uncontaminated
rising groundwaters and springs;
(7)
Uncontaminated
groundwater infiltration;
(8)
Uncontaminated
pumped groundwater;
(9)
An
uncontaminated discharge from a foundation drain or a footing drain;
(10)
Uncontaminated
air-conditioning condensate;
(11)
Uncontaminated
water from a crawl space pump;
(12)
A
discharge from individual residential vehicle washing;
(13)
Uncontaminated
flows from a riparian habitat or wetland;
(14)
Dechlorinated
swimming pool discharges;
(15)
A
discharge from a temporary carwash sponsored by a civic group, school,
religious, or nonprofit organization, where only soap and water are
used;
(16)
Street
wash water that does not contain any detergent, soap, degreaser, or
any other harmful cleaning substance;
(17)
A
discharge or flow from vehicle, exterior building and pavement wash
water, from construction sites, where detergents, soaps, degreasers
and other harmful cleaning substances are not used and where spills
of hazardous substances have not occurred (unless spilled materials
have been removed; and if local, state, or federal regulations are
applicable, the materials are removed according to those regulations),
and where the purpose is to remove mud, dirt, and dust;
(18)
Uncontaminated
water used to control dust at construction sites;
(19)
A
discharge or flow from emergency firefighting activities.
(Ordinance 11-03 adopted 4/4/11)
No person shall make an illicit connection to the MS4, or allow
such a connection to continue.
(Ordinance 11-03 adopted 4/4/11)
No person shall discharge, or cause to be discharged, stormwater
associated with regulated commercial, industrial or construction activities,
without first having obtained an NPDES or TPDES permit to do so.
(Ordinance 11-03 adopted 4/4/11)
(a)
General
Requirements and Responsibilities.
(1)
The
construction site operator(s) (hereinafter referred to as operator)
of large and small construction activities shall comply with all requirements
of the construction permit and all other applicable regulations as
may be required to ensure compliance with federal, state, and local
rules and regulations.
(2)
Any
person who is contracted by the town to conduct the day-to-day operational
activities at a site of municipal construction activity shall be responsible
for providing, completing, submitting, displaying and retaining all
documents required by, and in accordance with, the construction permit,
and the implementation and maintenance of best management practices
required by the construction permit and this article.
(3)
Any
owner of a site of construction activity, whether or not that owner
is an operator, is jointly and severally responsible for compliance
with the requirements in this article.
(4)
Any
contractor or subcontractor on a site of construction activity, who
is not an owner or operator, but who is responsible under his/her
contract or subcontract for implementing a pollution prevention control
measure, including site inspections, is jointly and severally responsible
for any willful or negligent failure on his/her part to adequately
implement that control measure.
(5)
All
operators, owners and contractors of construction activities shall
use the North Central Texas Council of Governments (NCTCOG) integrated
stormwater management (iSWM) criteria manual for site development
and construction as a site development tool to minimize the discharge
of pollutants to the MS4.
(b)
Stormwater
Pollution Prevention Plan.
(1)
Operators
of all small and large construction activities shall develop, implement,
and maintain (including updates and modifications) a stormwater pollution
prevention plan (SWPPP) in accordance with all applicable requirements
of the construction permit.
(2)
Any
operator who intends to obtain coverage under the construction permit
for stormwater discharges from a construction activity shall submit
a copy of the completed and signed SWPPP to the control authority
in conjunction with any application for a development permit, building
permit, or any other town permit or approval necessary to commence
or continue construction at the site.
(3)
Upon
the control authority review of the SWPPP, the town may withhold approval
of any development permit, building permit, or any other town permit
or approval necessary to commence or continue construction, if the
SWPPP does not comply with the construction permit.
(4)
The
SWPPP shall be completed and implemented prior to the commencement
of construction activities at the site.
(5)
If
the control authority observes upon a construction site inspection
that the SWPPP no longer meets the requirements of the construction
permit or this article, the operator will be notified of any deficiencies.
The operator shall correct any deficiencies with the SWPPP within
seven days of receiving notification.
(6)
The
SWPPP, with any modifications attached, shall be retained at the construction
site from the date of commencement of construction activities until
final stabilization has been completed on all disturbed areas or until
a new operator assumes control over the construction activity and
provides a new SWPPP. For a large construction activity, the SWPPP
shall be retained at the construction site until a notice of termination
is submitted. If the construction site is inactive or does not have
an on-site location to store the SWPPP, the location of the SWPPP
shall be described on the construction site notice posted at the site.
The SWPPP and any modifications to it shall be made readily available
to the control authority, upon request.
(7)
The
following records shall be maintained and either attached to or referenced
in the SWPPP, and made readily available to the control authority
upon request:
(A)
The dates when major grading activities occur;
(B)
The dates when construction activities temporarily or permanently
cease on a portion of the site;
(C)
The dates when stabilization measures are initiated;
(D)
An up-to-date version of the site map; and
(E)
The dates and descriptions of all pollution prevention deficiencies
noted at the site as well as the corrective actions that were taken.
(c)
Obtaining
Authorization to Discharge Stormwater.
(1)
Primary
operators of large construction activities, or who are otherwise required
by the permitting authority to obtain authorization for stormwater
discharges associated with construction activity, shall submit a notice
of intent (NOI) to the permitting authority in accordance with the
construction permit. A copy of the signed and certified NOI shall
be provided to the control authority and any secondary operator in
accordance with the construction permit.
Primary and secondary operators shall sign and certify a completed
TCEQ construction site notice in accordance with the construction
permit. A copy of the construction site notice shall be provided to
the control authority in accordance with the construction permit.
All persons meeting the definition of secondary operator are
regulated by the construction permit, but are not required to submit
an NOI, provided that another operator at the site has submitted an
NOI, or is required to submit an NOI and the secondary operator has
provided notification to the operator of the need to obtain coverage
(with records of notification available upon request).
(2)
Primary
operators shall post copies of the signed and certified NOI and construction
site notice at the construction site in a location where they are
safely and readily available for viewing by the general public and
the control authority prior to commencement of construction activities,
and shall be maintained at that location until final stabilization
has been completed on all disturbed areas, or until a new operator
assumes control over the construction activity and applies for permit
coverage.
Secondary operators shall post a copy of the signed and certified
construction site notice at the construction site in a location where
it is safely and readily available for viewing by the general public
and the control authority prior to commencement of construction activities,
and shall be maintained at that location until final stabilization
has been completed on all disturbed areas, or until a new operator
assumes control over the construction activity and applies for permit
coverage.
(3)
If
the construction project is of a linear nature (e.g. highway, pipeline,
etc.), the notices shall be placed in a publicly accessible location
near where construction is actively underway, and shall be relocated,
as necessary, along the length of the project. The notice shall be
posted in a location where it is safely and readily available for
viewing by the general public and the control authority.
(4)
Discharges
of stormwater runoff from construction support activities, including
concrete batch plants, asphalt batch plants, equipment staging areas,
material storage yards, material borrow areas, and excavated material
disposal areas may not be required to be authorized under a separate
construction permit, provided that the activity is conducted in accordance
with the construction permit.
(5)
If
an operator becomes aware that it submitted incorrect information,
failed to submit relevant information, or that relevant information
submitted in the NOI has changed, the operator shall submit a notice
of change (NOC) letter to the permitting authority, and provide a
copy of the signed letter to the control authority, within 14 days
of discovering such information.
(6)
Operators
of small construction activities may be automatically authorized under
the construction permit, and operators of these construction sites
are not required to submit an NOI provided that they:
(A)
Develop a stormwater pollution prevention plan in accordance with
the provisions of the construction permit;
(B)
Sign and certify a completed TCEQ construction site notice;
(C)
Post a copy of the signed and certified construction site notice
at the construction site in a location where it is safely readily
available for viewing by the general public and the control authority,
prior to commencement of construction activities, and maintain the
notice in that location through the date of final stabilization, or
until a new operator assumes control over the construction activity
and applies for permit coverage; and
(D)
Provide a copy of the signed and certified construction site notice
to the control authority in accordance with the requirements of the
construction permit.
(7)
All
notices of intent, notices of termination, notices of change letters,
and TCEQ construction site notices shall be signed in accordance with
Title 30 §305.44 and §305.128 of the Texas Administrative
Code.
(8)
Construction
activities that do not qualify as a small or large construction activity
under the construction permit, shall satisfy all local permitting
and approval requirements prior to being authorized to discharge stormwater.
(d)
Best
Management Practices.
(1)
The
operator, owner or contractor shall use best management practices
to control and reduce the discharge, to the MS4 and water in the state,
of sediment, silt, earth, soil, and other materials associated with
clearing, grading, excavation, and any other construction activities
to the maximum extent practicable. Such best management practices
and erosion control measures are detailed in the North Central Texas
Council of Governments (NCTCOG) iSWM criteria manual for site development
and construction and may include, but are not limited to, the following
measures:
(A)
Ensuring that existing vegetation is preserved where feasible and
that disturbed portions of the construction site are stabilized, in
accordance with the requirements of the construction permit, on portions
of the construction site where construction activities have temporarily
or permanently ceased. Stabilization measures may include, but are
not limited to the following:
(i)
Temporary seeding;
(ii)
Permanent seeding;
(iii)
Mulching;
(iv)
Sod stabilization;
(v)
Vegetative buffer strips;
(vi)
Protection of trees; and
(vii)
Preservation of mature vegetation.
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Stabilization measures shall be initiated as soon as practicable
in portions of the site where construction activities temporarily
or permanently ceased, and except as provided herein, shall be initiated
no more than 14 days after the construction activity in that portion
of the site has temporarily or permanently ceased.
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(B)
Where construction activity on a portion of the site is temporarily
ceased, and earth-disturbing activities will be resumed within 21
days, temporary stabilization measures are not required.
(C)
Where the initiation of stabilization measures by the 14th day after
construction activity temporarily or permanently ceased is precluded
by snow cover or frozen ground conditions, stabilization measures
shall be initiated as soon as practicable.
Where stabilization measures are utilized, erosion and sediment
control measures shall remain in place and be maintained until the
area of disturbance meets the definition of final stabilization in
this article.
(2)
Use
of structural practices to divert flows from exposed soils, store
flows, or otherwise limit runoff and the discharge of pollutants from
the construction site to the extent feasible;
(3)
Minimization
of the tracking of sediments off site by vehicles, the generation
of dust, and the escape of other wind-blown wastes from the construction
site;
(4)
Prevention
of the discharge of building materials, including cement, lime, concrete,
and mortar, to the MS4 or water in the state;
(5)
Providing
general good housekeeping measures to prevent and contain spills of
paints, solvents, fuels, septic waste, and other hazardous chemicals
and pollutants associated with construction, and to ensure proper
cleanup and disposal of any such spills in compliance with state,
federal, and local requirements;
(6)
Implementation
of proper waste disposal and waste management techniques, including
covering and minimizing ground contact with waste materials;
(7)
Timely
maintenance of vegetation, erosion and sediment control measures,
and other best management practices in good and effective operating
condition; and
(8)
Installation
of permanent structural measures during the construction process to
control pollutants in stormwater discharges that will occur after
construction operations have been completed. Such installed structural
measures may include, but are not limited to, the following:
(A)
Stormwater detention structures (including wet ponds);
(B)
Stormwater retention structures;
(C)
Flow attenuation by use of open vegetative swales and natural depressions;
(D)
Other velocity dissipation devices;
(E)
Infiltration of runoff on site; and
(F)
Sequential systems, which combine several practices.
(9)
The
washing out of concrete trucks at construction sites shall be permitted,
provided the following requirements are met:
(A)
Direct discharge of concrete truck washout water to the MS4 or surface
water in the state is prohibited;
(B)
Concrete truck washout water shall be discharged to areas at the
construction site where structural controls have been established
to prevent direct discharge to the MS4 or surface water in the state
or to areas that have a minimal slope that allow infiltration and
filtering of washout water to prevent direct discharge. Structural
controls may consist of temporary berms, temporary shallow pits, temporary
storage tanks with a slow rate release, or other reasonable measures
to prevent runoff from the construction site;
(C)
Washout of concrete trucks during rainfall events shall be minimized.
The direct discharge of concrete truck washout water is prohibited
at all times and the operator shall ensure that its BMPs are sufficient
to prevent the discharge of concrete truck washout water as a result
of rain;
(D)
The discharge of washout water shall not cause or contribute to groundwater
contamination;
(E)
If a SWPPP is required to be implemented, the SWPPP shall include
concrete washout areas on the associated map.
(10)
Vehicular
traffic onto and off of the construction site shall be prohibited
during rainy conditions or when muddy conditions exist, unless measures
are in place that prevent mud from being tracked off site.
(11)
All
best management practices shall be installed and maintained in accordance
with the details and specifications listed in the NCTCOG iSWM criteria
manual for site development and construction.
(12)
All
plans and specifications that are prepared for the construction of
site improvements shall illustrate and describe the best management
practices that will be implemented at the construction site. The town
may withhold any permit or approval necessary to commence or continue
construction, if it determines that the best management practices
are inadequate or inappropriate for the project. If the town observes
upon a construction site inspection that the best management practices
described in the plans and specifications are absent or ineffective
at controlling or reducing the discharge of sediment, silt, earth,
soil, and other materials associated with clearing, grading, excavation,
or any other construction activities to the maximum extent practicable,
the operator, owner or contractor will be notified, in writing. The
operator, owner or contractor shall initiate repairs to deficient
best management practices within seven calendar days of receiving
notification. If no corrective measures have been initiated within
seven calendar days of receiving notification of the deficiencies,
the town may escalate enforcement actions including, but not limited
to, issuance of a warning citation or citation, revocation or suspension
of a development permit or building permit, or withholding issuance
of a certificate of occupancy or final acceptance. If existing best
management practices require repairs or modifications, or if additional
best management practices are necessary, an implementation schedule
(including a reasonable completion date) shall be developed and, wherever
possible, those changes shall be implemented prior to the next storm
event. If implementation before the next anticipated storm event is
impracticable, these changes shall be implemented as soon as possible
thereafter. If the deficient or absent best management practice is
causing or allowing a discharge of a harmful quantity of any substance,
as determined by the control authority, the operator, owner or contractor
shall implement an interim control measure, or cease the activity
associated with the discharge until the corrective action has been
completed.
(13)
The
operator, owner or contractor shall make every reasonable effort to
prevent dirt and sediment from accumulating on paved or impervious
surfaces and locations where off-site discharge would occur during
storm events. If installing structural control measures in these areas
is impracticable, alternative measures such as frequent sweeping shall
be implemented.
(14)
If
fuels, oils or other chemicals are used or stored on site, these materials
shall be used and stored in such a manner that discharge into the
MS4, water in the state or the environment is prevented. In the event
of a discharge of these materials, the responsible party shall remove
all contamination and restore the area prior to the next storm event
or as soon as possible thereafter.
(15)
For
large and small construction activities, the operator shall be responsible
for the design, installation and maintenance of all stormwater pollution
prevention practices in accordance with the construction permit. For
all other construction activities, the owner or contractor shall be
responsible for the design, installation and maintenance of all stormwater
pollution prevention practices in accordance with the NCTCOG criteria
manual for site development and construction. The operator, owner
or contractor shall be responsible for the maintenance of all stormwater
pollution prevention practices from the time of commencement of construction
activities until final stabilization has been completed on all disturbed
areas or until a new operator, owner or contractor has assumed control
over the construction activity. For large construction activities,
the operator shall retain responsibility until the construction activity
qualifies for termination of permit coverage and a notice of termination
has been submitted, in addition to any other requirements set forth
in this article.
(e)
Site
inspection and Monitoring Requirements.
(1)
Personnel
(provided by the operator) shall inspect disturbed areas of any construction
site that have not been finally stabilized, areas used for storage
of materials that are exposed to precipitation, discharge locations,
and structural controls for evidence of, or the potential for, pollutants
entering the MS4 or water in the state. Personnel conducting these
inspections shall be knowledgeable of the construction permit, familiar
with the construction site, and knowledgeable of the SWPPP for the
site. Erosion and sediment control measures identified in the SWPPP
shall be inspected to ensure that they are operating correctly. Locations
where vehicles enter or exit the site shall be inspected for evidence
of off-site sediment tracking. Inspections shall be conducted at least
once every 14 calendar days and within 24 hours of the end of a storm
event of 0.5 inches or greater. As an alternative to the above-described
inspection schedule, the SWPPP may be developed to require that these
inspections will occur at least once every seven calendar days. If
this alternative schedule is developed, the inspection shall occur
on a specifically defined day (e.g. an inspection occurs every Tuesday),
regardless of whether or not there has been a rainfall event since
the previous inspection. The specifically defined day, on which the
inspections will occur, shall be documented in the SWPPP. The SWPPP
shall clearly identify which inspection schedule will be implemented.
The inspection may occur on either schedule provided that the SWPPP
reflects the current schedule and that any changes in the schedule
are conducted in accordance with the requirements of the construction
permit. Where construction sites have been finally or temporarily
stabilized or where runoff is unlikely due to winter conditions (e.g.
construction site is covered with snow, ice or frozen ground exists),
inspections shall be conducted at least once every month. In the event
of flooding or other uncontrollable situations which prohibit access
to the inspection sites, inspections shall be conducted as soon as
access is practicable.
(2)
The
SWPPP shall be modified based on the results of inspections, as necessary,
to better control pollutants in stormwater runoff. Revisions to the
SWPPP shall be completed within seven calendar days following the
inspection, or receiving written notification from the control authority.
If existing BMPs are modified or if additional BMPs are necessary,
an implementation schedule shall be described in the SWPPP and, wherever
possible, those changes shall be implemented prior to the next storm
event. If implementation before the next anticipated storm event is
impracticable, these changes shall be implemented as soon as practicable.
Any claims that implementation is not practicable before the next
storm shall be verified and approved by the control authority.
(3)
A report
summarizing the scope of the inspection, names and qualifications
of personnel making the inspection, the dates of the inspection, and
major observations relating to the implementation of the SWPPP shall
be made and retained as part of the SWPPP. Major observations should
include:
(A)
The locations of discharges of sediment or other pollutants from
the construction site;
(B)
Locations of BMPs that need to be maintained;
(C)
Locations of BMPs that failed to operate as designed or proved inadequate
for a particular location; and
(D)
Locations where additional BMPs are needed.
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Actions taken as a result of inspections shall be described
within, and retained as part of the SWPPP. Reports shall identify
any incidents of noncompliance. Where a report does not identify any
incidents of noncompliance, the report shall contain a certification
that the construction site is in compliance with the SWPPP and the
construction permit. The operator shall store the inspection reports
with the SWPPP and make those reports available for on-site review
within seven days from the date that the inspection was conducted.
All inspection reports which are not included in the SWPPP, and which
are greater than seven days old, shall be made available on site within
24 hours of request by the control authority.
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(4)
All
discharges of stormwater runoff from concrete batch plants that qualify
for coverage, and that are authorized to discharge stormwater under
the provisions of the construction permit, shall be monitored for
compliance with benchmark values in accordance with such permit. Results
of monitoring for determining compliance with benchmark values shall
be recorded and, where applicable, reported to the permitting authority
in accordance with the construction permit. The operator shall make
records of discharge monitoring readily available to the control authority,
upon request.
(5)
It
shall be the responsibility of the operator, owner or contractor to
clean any spills or discharges of fuel, oil or any other chemicals
used or stored at the construction site. If any harmful quantity of
fuels, oils or other chemicals is spilled or discharged, the operator,
owner or contractor shall provide documentation indicating that the
area has been cleaned and restored in accordance with state and federal
rules and regulations.
(f)
Terminating
Authorization to Discharge Stormwater.
Operators who
have submitted an NOI shall terminate authorization for discharges
associated with construction activity by submitting a notice of termination
(NOT) in accordance with the requirements of the construction permit.
The NOT shall be submitted to the permitting authority, and a copy
of the signed and certified NOT provided to the control authority
within 30 days after:
(1)
Final
stabilization has been achieved on all portions of the construction
site that are the responsibility of the operator; or
(2)
Another
permitted operator has assumed control over all areas of the construction
site that have not been finally stabilized; and
(3)
All
silt fences and other temporary erosion controls have been removed,
scheduled for removal as defined in the SWPPP, or transferred to a
new operator, if the new operator has sought permit coverage. Operators
are not required to remove, or schedule the removal of, erosion controls,
which are designed to remain in place for an indefinite period, such
as mulches and erosion mats. Operators of small construction activities
shall also meet the requirements listed in subsections (1)–(3),
above in order to consider their automatic permit coverage to be terminated.
Notification of the termination of automatic permit coverage shall
be made to the control authority in accordance with the requirements
of the construction permit.
Operators of large and small construction activities shall remove
the NOI and/or construction site notice immediately following termination
of permit coverage.
(g)
Final
Acceptance and Certificate of Occupancy.
The public works
department shall not recommend that small or large construction activities
be approved for final acceptance unless those construction activities
are in compliance with this article. If the operator seeking final
acceptance will not be associated with any further construction activity
after final acceptance is granted, the construction activity shall
also meet the requirements necessary to qualify for termination of
permit coverage. A final certificate of occupancy shall not be recommended
until final stabilization has been achieved on all disturbed areas,
all potential pollutants associated with the construction activity
have been removed, and the construction activity meets any additional
requirements necessary to qualify for termination of permit coverage.
A final certificate of occupancy may be granted prior to meeting the
above conditions, on a case-by-case basis, provided that the signatory
authority certifies in writing that the construction activity will
maintain compliance with the construction permit and/or this article
until the construction activity has been completed. Recommendation
for final acceptance or a final certificate of occupancy for all other
construction activities shall not be made until final stabilization
has been achieved on all disturbed areas. Final acceptance may be
recommended, where final stabilization has not yet occurred, provided
that either the disturbed soils have been temporarily stabilized or
a new operator, owner or contractor has assumed control over the construction
activity and the construction site will not remain inactive for more
than 21 days. Final acceptance and a final certificate of occupancy
may also be withheld in the event of outstanding violations or enforcement
actions. A final certificate of occupancy may be granted prior to
meeting the above conditions, on a case-by-case basis, provided that
the signatory authority provides written documentation to the control
authority certifying that the construction activity will maintain
compliance with the construction permit and/or this article until
the construction activity has been completed.
(h)
Signatory
Authority.
All applications, notices, reports, and all
other applicable documents required under the construction permit
shall be signed in accordance with the signatory requirements set
forth in Title 30 §305.44 of the Texas Administrative Code as
it now exists or as hereafter amended. The authority to sign documents
other than the NOI, NOT, NOC letter and construction site notice may
be delegated to other qualified personnel provided that the requirements
set forth in Title 30 §305.128 of the Texas Administrative Code,
as it now exists or as hereafter amended, are met. All operators,
owners and contractors shall designate an authorized representative
on a form provided by the control authority. The authorized representative
will be the point of contact for all pollution prevention matters
for the site. If no authorized representative is designated for a
small or large construction activity, the signatory authority for
the NOI or construction site notice shall be the default authorized
representative. For all other construction activities, the default
authorized representative shall be the property owner. All communications
and enforcement actions shall be addressed to the authorized representative.
(i)
Recordkeeping
Requirements.
The operator shall retain a copy of the
SWPPP, all reports, notices, applications, monitoring and inspection
records and other documents required by the construction permit or
this article, for the construction site, and records of all data used
to complete the NOI, for a period of at least three years from the
date that an NOT is submitted. For activities that are not required
to submit an NOT (e.g. small construction activities that are not
required to submit an NOI), records shall be retained for a period
of at least three years from the date that either: final stabilization
has been achieved on all portions of the construction site that are
the responsibility of the operator; or another permitted operator
has assumed control over all areas of the construction site that have
not been finally stabilized. The operator shall make all documents
and data, required by the construction permit or this article, readily
available to the control authority, upon request.
(Ordinance 11-03 adopted 4/4/11)
(a)
General
Requirements and Responsibilities.
(1)
The
industrial facility operator (hereinafter referred to as operator)
shall comply with all requirements of the industrial permit and all
other applicable documents as may be required to ensure compliance
with federal, state, and local rules and regulations.
(2)
Any
owner of a facility with a stormwater discharge associated with industrial
activity, whether or not he or she is an operator of the facility,
is jointly and severally responsible for compliance with the requirements
of the industrial permit and any additional requirements of this article.
(3)
Any
contractor or subcontractor on a site of industrial activity, who
is not an owner or operator, but who is responsible under his/her
contract or subcontract for implementing a best management practices
control measure, is jointly and severally responsible for any willful
or negligent failure on his/her part to adequately implement or maintain
that control measure.
(b)
Specific
Requirements and Responsibilities.
(1)
Any
operator at a facility that intends to discharge stormwater associated
with an industrial activity described in the industrial permit shall
submit a notice of intent (NOI) in accordance with the industrial
permit. The NOI shall be made readily available to the control authority,
upon request.
(2)
Facilities
with industrial activities described in the industrial permit, where
there is no exposure of industrial materials or activities to precipitation
or runoff, may qualify for a conditional no exposure exclusion from
permit requirements. Qualification for the exclusion shall be determined
and certified in accordance with the industrial permit. All documentation
for the conditional no exposure exclusion from permit requirements
shall be made readily available to the control authority, upon request.
(3)
A stormwater
pollution prevention plan (SWPPP) shall be prepared and implemented
in accordance with the requirements of the industrial permit, and
with any additional requirements of this article.
(4)
The
operator shall complete the SWPPP prior to the submittal of the NOI
and, for a new industrial operation, prior to the commencement of
the industrial activity at the facility. The operator shall update
and modify the SWPPP as required by the industrial permit and this
article.
(5)
The
SWPPP, and any modifications to it, shall be made readily available
to the control authority upon request.
(6)
The
control authority may notify the operator at any time that the SWPPP
does not meet the requirements of the industrial permit, or any additional
requirements of this article. The notification shall identify those
provisions of the permit or this article, which are not being met
by the SWPPP. The operator shall respond, in writing, within 15 days
of receiving notification from the control authority (or as otherwise
provided by the control authority), describing the changes that are
to be made and the timeframe in which those changes will be completed.
(7)
If
the industrial facility is required by the industrial permit to conduct
compliance monitoring, the operator shall retain records of the monitoring
results at the facility and make them readily available to the control
authority, upon request.
(8)
Where
all stormwater discharges associated with industrial activity that
are authorized by the industrial permit and this article are eliminated,
or where the operator of a facility with stormwater discharges associated
with industrial activity changes, the operator of the facility shall
submit a notice of termination (NOT) in accordance with the industrial
permit. The NOT shall be made readily available to the control authority,
upon request.
(9)
The
operator shall retain all notices, plans, reports, monitoring and
inspection records and all other required documents in accordance
with the industrial permit, and shall make them readily available
to the control authority, upon request.
(Ordinance 11-03 adopted 4/4/11)
The control authority may require any person, whether or not
they are required by federal or state rules and regulations, to develop
and maintain a SWPPP and/or implement best management practices, approved
by the control authority, that prevent or minimize the discharge of
pollutants into, or adjacent to, water in the state. The SWPPP shall
be made readily available to the control authority, upon request.
(Ordinance 11-03 adopted 4/4/11)
All persons required by federal or state regulations or this
article to submit documents, pertaining to discharges of stormwater
or accidental discharges into the local MS4, shall submit all applicable
documents to the following mailing address:
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Town of Double Oak
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Public Works Director
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320 Waketon Road
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Double Oak, Texas 75077
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(Ordinance 11-03 adopted 4/4/11)
(a)
Spill
Containment.
The control authority may require any person
to implement spill containment measures for storage and use of any
substance it deems a potential threat to the MS4 or the environment
should such substance be accidentally discharged. Such spill containment
measures shall be provided and maintained at the person’s own
expense. Upon notification from the control authority that containment
measures are required, the person shall develop and submit detailed
plans, showing facilities and operating procedures to provide this
protection, to the control authority for review. The control authority
shall approve all required spill containment measures, prior to installation
or implementation. Review and approval of such plans shall not relieve
the person from the responsibility to modify the facility as necessary
to meet the requirements of this article.
(b)
Notification
of Potential Problem.
In the event of any accidental
or unavoidable discharge into the MS4 or water in the state, it is
the responsibility of the responsible party to notify the control
authority within 24 hours of the incident, in addition to the appropriate
federal and state agencies. The notification shall include location
of the discharge, type of material discharged, concentration and volume,
and corrective action. Within five days following an accidental discharge,
the person shall submit to the control authority a detailed written
report describing the cause of the discharge and measures to be taken
to prevent similar future occurrences. Such notification shall not
relieve the person of any expense, loss, damage or other liability
which may be incurred as a result of damage to the MS4, fish kills,
or any other damage to persons or property, nor shall such notification
relieve the person of any fines, civil penalties, or other liability
which may be imposed by this article or other applicable law. The
initial notification shall be made using the following contact information:
(c)
Notice
to Employees.
A notice shall be permanently posted on
the person’s bulletin board or other prominent place advising
employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or suffer such an accidental
discharge to occur are advised of the emergency notification procedure.
(Ordinance 11-03 adopted 4/4/11)
(a)
The control
authority may randomly sample and analyze the stormwater runoff from
any facility within the town and conduct surveillance activities in
order to identify, independent of information supplied by the person
or persons, occasional and continuing noncompliance with stormwater
requirements of the state or this article.
(b)
The control
authority shall investigate instances of noncompliance with stormwater
requirements, as indicated in required reports, analytical results,
and surveillance activities. Noncompliance investigations may require
that the control authority conduct an inspection of the person or
facility in noncompliance.
(c)
Collection
of information by the control authority shall be performed with sufficient
care to produce evidence admissible in enforcement proceedings or
in judicial actions.
(d)
All sampling
and analysis shall be performed in accordance with procedures established
by the EPA administrator pursuant to Section 304(h) of the Clean Water
Act and 40 CFR, Part 136 and amendments thereto.
(e)
The control
authority may select an independent firm or laboratory to determine
stormwater or nonstormwater constituents. Chain of custody procedures
shall be followed.
(Ordinance 11-03 adopted 4/4/11)
(a)
Each noncompliance
with federal, state or local regulations may result in the person
receiving a verbal notice and/or written notice of violation. A written
notice of violation shall require that the person respond, in writing,
to the control authority within 15 working days from the date of the
notice of violation.
(b)
In addition to the notice set forth in subsection (a) of this section, noncompliance may result in enforcement actions by the control authority, including, but not limited to:
(1)
Issuance
of a warning citation;
(2)
Issuance
of a citation;
(3)
Recommendation
for the denial, suspension, or revocation of a development permit,
building permit or any other town permit or approval necessary to
commence or continue construction or to assume occupancy.
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The control authority shall determine the level of enforcement
needed to promote compliance.
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(c)
The control
authority may, by use of all legal means available, stop an actual
or threatened discharge by verbal order to cease discharge if, in
the opinion of the control authority, the discharge presents or may
present an imminent or substantial endangerment to the health or welfare
of persons or the environment or which may be in violation of federal,
state or local regulations. If the person does not voluntarily comply
with the order to cease discharge, the control authority shall take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or environment or endangerment to the public. Prior to resuming
activity, the person shall demonstrate to the control authority that
permanent corrective measures have been taken to prevent reoccurrences
of the offense. Any cost incurred by the control authority for sampling,
analysis, assessment or remediation may be recovered from the person,
or its authorized representative.
(d)
Certification
Statements.
All applications, notices, reports, and all
other documents requiring certification as specified in the TPDES
permit or this article shall include this statement:
“I certify under penalty of law that this document and
all attachments were prepared under my direction or supervised in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and
imprisonment for knowing violation.”
(e)
Discharge
of Hazardous Waste.
Hazardous waste as defined by the
Resource Conservation and Recovery Act is prohibited from entering
the MS4. A person shall notify the control authority, the EPA Regional
Waste Management Division Director, and the state hazardous waste
authorities, in writing, of any discharge into the MS4 of a substance,
which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261, in accordance with 40 CFR 403.12(p).
(f)
Fraud
and False Statements.
The reports and other documents
required to be submitted or maintained, under this section, shall
be subject to:
(1)
The
provisions of U.S.C. Section 1001 relating to fraud and false statements;
(2)
The
provisions of Section 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representation, or certification;
(3)
The
provisions of Section 309(c)(6) of the Clean Water Act regarding responsible
corporate officials; and
(4)
Section
13.617 of this article.
(Ordinance 11-03 adopted 4/4/11)
(a)
The town
may adopt charges and fees, by separate resolution of the town council,
which may include:
(1)
Fees
for reimbursement of costs of implementing the town’s stormwater
management program;
(2)
Fees
for inspection, investigation, sampling and surveillance procedures;
(3)
Fees
for reviewing accidental discharge procedures, SWPPPs, and construction
plans; and
(4)
Other
fees as the town may deem necessary to carry out the requirements
contained herein.
(b)
These
fees relate solely to the matters covered by this article and are
separate from all other applicable fees chargeable by the town.
(Ordinance 11-03 adopted 4/4/11)
(a)
The control
authority shall have access to, and the right to inspect and copy,
any and all person’s records which pertain to that person’s
discharge to the MS4, disposal and/or generation of hazardous waste
and discharges into the environment. The person shall be required
to retain records of all information resulting from any monitoring
or reporting activity required by these regulations for a minimum
of three years. This period of retention shall be extended during
the course of any unresolved litigation regarding the person or MS4
or when requested by the permitting authority or control authority.
(b)
The constituents
and characteristics of stormwater discharged by a facility shall not
be considered confidential and shall be available to the public without
restriction. Other information obtained from reports, questionnaires,
permits, monitoring programs and inspections shall be available to
the public without restriction unless the person specifically requests,
in writing, at the time the information is known to be obtained by
the control authority, that the information is to be considered confidential.
Information submitted to the control authority by the person shall
be stamped “Confidential Information” on each page containing
such information that the person wishes to be held confidential. If
a claim of confidentiality is asserted, the control authority shall
determine if such information may be held confidential in accordance
with 40 CFR Part 2 (Public Information). If the person does not claim
the information as confidential at the time the control authority
obtains the information, it will be available to the public without
further notice.
(Ordinance 11-03 adopted 4/4/11)
Any person who knowingly makes any false statements, representation
or certification in any application, notice, record, report, plan
or other document filed or required to be maintained pursuant to this
article, or any TPDES or NPDES permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this article, shall be punished by a fine of no more than $10,000.00
and may be subject to prosecution.
(Ordinance 11-03 adopted 4/4/11)
No unauthorized person shall intentionally, knowingly, recklessly
or by criminal negligence, cause damage to, destroy, uncover, deface
or tamper with any structure, appurtenance, or equipment, which is
part of the MS4. Any person violating this provision shall be subject
to prosecution.
(Ordinance 11-03 adopted 4/4/11)
(a)
The control
authority and other duly authorized employees of the town bearing
proper credentials and identification are entitled to:
(b)
All activities
conducted under this authority shall be in full accordance with all
applicable terms, rules and regulations pertaining to safety and security.
(c)
If the
control authority has been refused access to a building, structure,
or property, or any part thereof, and 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 to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety, or welfare of the community, the
control authority may seek issuance of a search warrant from the appropriate
judicial authority.
(d)
Except
when caused by negligence or failure of the person to maintain safe
conditions, the town shall indemnify the person against loss or damage
to its property by town employees through the course of their activities
when representing the town, and against liability claims and demands
for personal injury or property damage asserted against the person.
(e)
No person
acting under authority of this provision may inquire into any area
not having direct or potential impact on the kind and source of a
discharge to the MS4, disposal and/or generation of hazardous waste
and discharges into the environment, except as provided in Section
13.617 of this article.
(Ordinance 11-03 adopted 4/4/11)
If any person discharges, permits or causes to be discharged
industrial waste, hazardous waste or other wastes in violation of
Article 26 of the Texas Water Code or into the MS4 contrary to the
provisions of this article, state requirements, federal regulations,
or any order of the town, the town attorney may commence an action
for appropriate legal and/or equitable relief, including injunctive
relief, in a court of competent jurisdiction.
(Ordinance 11-03 adopted 4/4/11)
(a)
A person
commits an offense if the person intentionally, knowingly, recklessly
or by criminal negligence violates any provision of this article or
any order or permit issued hereunder, and upon conviction, shall be
deemed guilty of a Class C misdemeanor, punishable by a fine of not
less than two hundred and fifty dollars ($250.00) and not more than
two thousand dollars ($2,000.00), and each day that such violation
continues shall constitute a separate offense.
(b)
Any person
violating any of the provisions of this article shall become liable
to the town for any expense, loss or damage occasioned by the town
by reason of such violation. In addition to the penalties provided
herein, the town may recover reasonable attorney’s fees, court
costs, court reporter’s fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this article or the orders, rules and regulations issued hereunder.
(c)
The control
authority is further authorized to prosecute and seek all criminal
and civil remedies in the various courts as set forth by the Texas
Water Code.
(Ordinance 11-03 adopted 4/4/11)
