All projects disturbing more than
one (1) acre are required to prepare and submit a stormwater pollution
prevention plan (SWPPP) to the city. If the site is five (5) acres
or greater, a notice of intent (NOI) shall be also be submitted to
the state. A copy of the NOI and SWPPP shall be submitted to the city
prior to issuance of a permit. After issuance of a site development
or subdivision improvement permit, weekly inspection reports shall
be submitted to the city to ensure all erosion controls are functioning
as designed. Any other state requirements must also be met.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Prior to construction, the developer
shall contact U.S. Fish and Wildlife for information regarding endangered
species habitat. The City of Austin and the county shall also be contacted
regarding the federal permit for the Balcones Canyonlands Preserve.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
With the preliminary plan submittal, and before a subdivision plat or site development plan can be approved, an environmental assessment shall be prepared by an environmental specialist, as defined in section
22.02.001.
(b)
If a site development plan is being
submitted for a lot that is part of a plat that has already had an
approved environmental assessment conducted for it, the site development
plan shall be submitted with a copy of the previously approved environmental
assessment. If the assessment does not provide specific information
for the site in question or does not take into account recent land
uses or changes to the property, the code official or city engineer
may require additional information.
(c)
Unless the code official or city
engineer determines that, due to the scope and nature of the proposed
development, some of the information is unnecessary, the environmental
assessment shall include information on the following subjects:
(4)
Topography and surface water.
(7)
Water wells, cisterns, septic systems,
buried fuel tanks, etc.
(8)
Critical environmental features, as defined in section
28.10.004.
(d)
The environmental assessment shall
be accompanied by a letter from the project engineer which shall include
the following items:
(1)
An explanation of how the design
of the subdivision plat or site development plan has been accomplished
to preserve to the greatest extent reasonable any significant trees
and vegetation on the site and to provide maximum erosion control
and overland flow benefits from such vegetation.
(2)
An explanation of how proposed drainage
patterns of the proposed subdivision plat or site development plan
shall protect the quality and quantity of recharge at significant
point recharge features, if applicable.
(3)
Proposed means of protecting identified
critical environmental features, if applicable.
(4)
Environmental justification for spoil
disposal locations or roadway alignments.
(5)
A description of any industrial uses
proposed, as well as a program for pollution abatement, if applicable.
(e)
An environmental assessment dated
five (5) or more years prior to the plan submittal date to the city
shall be accompanied by an update letter from an environmental specialist.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Definition of critical environmental
features.
Critical environmental
features are features that have been identified by the environmental
assessment and/or by the city to be of critical importance to the
protection of one or more environmental resources. They include, but
are not limited to, such features as bluffs, springs, canyon rimrocks,
caves, sinkholes and wetlands.
(b)
Establishment of zone.
A critical environmental buffer zone
shall be established 50 feet from identified critical environmental
features. This buffer zone shall be shown on all preliminary plans,
final plats, and construction plans.
(c)
Construction prohibited.
No clearing, alteration, or construction
other than for parks or hiking trails approved by the city shall be
undertaken in the critical environmental feature buffer zone. The
natural vegetative cover shall be retained in this buffer zone to
the maximum practical extent.
(d)
Drainage.
Drainage patterns shall be designed to protect critical
environmental features from runoff from developed areas or to maintain
the catchment areas of recharge features in a natural state. Special
erosion controls shall be utilized where necessary to avoid impacts
of erosion or sedimentation.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Definition of buffer zone.
(1)
Buffer zones protect waterways and
aquatic resources from the short- and long-term impacts of development
activities. Buffer zones shall remain free of construction, development,
or other alterations except for utility and roadway crossings. The
number of crossings through buffer zones should be minimized. No stormwater
treatment facilities, golf courses, or wastewater irrigation shall
be located in the buffer zone. Stormwater discharge from the development
shall be dispersed into overland patterns before reaching the buffer
zone.
(2)
Buffer zones are located on creeks
or swales that have more than five (5) acres of contributing drainage
area. To protect the creek buffer, stormwater discharged from water
quality basins must enter the buffer in a sheet flow manner. Bypass
flows from storms in excess of the basin design storm must be conveyed
in a stable manner through the buffer zone to the receiving water
body. This can be accomplished through application of level spreader
systems. Some limited vegetation management is allowed within the
buffer zone to enhance the character of the buffer; however, this
effort must be approved by the city before commencement.
(3)
A creek shall be defined as a distinct
channel that can convey running water. This definition will be used
to determine the beginning or uppermost headwater of the creek to
initiate the application of the buffer zones.
(b)
Buffer zones.
(1)
Option 1: Drainage area buffer
zone.
(A) Creeks/swales draining
less than 40 acres but more than five (5) acres, excluding roadside
swales, shall have a minimum buffer width of 25 feet from the centerline
of the creek/swale.
(B) Creeks/swales draining
less than 128 acres but more than 40 acres shall have a minimum buffer
width of 50 feet from the centerline of the creek/swale.
(C) Creeks/swales draining
less than 320 acres but more than 128 acres shall have a minimum buffer
width of 100 feet from the centerline of the creek/swale.
(D) Creeks/swales draining
less than 640 acres but more than 320 acres shall have a minimum buffer
width of 200 feet from the centerline of the creek/swale.
(E) Creeks/swales draining
640 acres or greater shall have a minimum buffer width of 300 feet
from the centerline of the creek/swale.
(2)
Option 2: Floodplain buffer zone.
(A) For creeks or rivers
draining less than 40 square miles but more than five (5) acres, the
buffer zone shall extend a minimum of 25 feet from the 100-year floodplain
boundary paralleling each side of the creek or swale. The 100-year
floodplain shall be based on the fully developed conditions as approved
by the city.
(B) For creeks or rivers
draining more than 40 square miles, the buffer zone shall be considered
equal to the 100-year floodplain as designated by Federal Emergency
Management Agency or by an engineered floodplain study approved by
the city.
(3)
Lake Travis.
For Lake Travis, the zone shall be that
area below the current FEMA 100-year floodplain level.
(c)
Buffer zone technical requirements.
The delineation of the buffer zone
shall be shown on all plan sets, including clearing, grading, and
construction plans. It is recognized that there are some necessary
impacts to the buffer. The following disturbances may be allowed in
the buffer zone with approval from the city and with efforts made
to minimize these impacts.
(1)
Roadway crossings.
Road crossings of creeks should be minimized.
Grading, including cut and fill, should be reduced to a minimum. Open
sections and swales should be used and concentration of flows into
large pipes or outlet structures should be minimized. Where possible,
sheet flow shall be directed to buffer zones in order to take advantage
of the pollutant filtering potential of the buffer. The roadway design
should consider long-term channel and bank stability and habitat and
use appropriate techniques to manage anticipated long-term channel
adjustments. Vegetation and/or soil protection blankets are to be
installed immediately after embankment compaction to prevent soil
discharges. Roadway crossings can be optimized to serve as stormwater
detention structures when culverts are sized to manage peak flow rates
and the flood storage pool remains undisturbed. Limited clearing of
vegetation via hand methods may be allowed and requires approval before
activity commencement.
(2)
Stormwater detention structures.
Stormwater detention is allowed within
the buffer zone when the detention embankment/structure occupies a
narrow footprint similar to utility and roadway crossings and no excavation
takes place within the flood storage pool. Limited clearing of vegetation
via hand methods may be allowed and requires approval before activity
commencement. Vertical rock or concrete wall structures can provide
floodwater storage with a small disturbance area and serve as the
embankment.
(3)
Utility crossings.
Grade controls and bank stabilization should
be placed at all crossings of drainageways. For those utilities that
do not require continual access, replacement and revegetation with
in-kind native plants is recommended. Utility crossings should occur
at or near right angles to the maximum extent practical. The utility
design should consider long-term channel and bank stability and use
appropriate techniques to manage anticipated long-term channel adjustments.
(4)
Low impact park development.
Development within the buffer zone
should be limited to trails, picnic facilities, and similar construction
that do not significantly alter the existing vegetation or drainage
patterns. Trail width should be minimized and the use of gravel, mulch,
or other alternate paving surfaces should be considered if all accessibility
and emergency vehicle needs are met. Trails should be graded so that
they do not concentrate flows and adequate outfall protection should
be provided at crossings of minor drainageways. Trails should include
areas for pet waste management and adequate signage to encourage cleanup
of any pet wastes. Pedestrian bridges should be considered at major
crossings, rather than culverts.
(5)
Storm drainage outfalls.
Direct connection of shallow concentrated
flow, open channel flow and storm drain pipes to the stream channel
through the buffer shall be avoided. Energy dissipation devices, such
as on-contour level spreaders, infiltration trenches, vegetated filter
strips, rock trenches, inverted weirs or other permanent BMP’s
shall be placed outside of the buffer to produce sheet flow. After
the stormwater energy is diffused before entering the buffer, the
resultant runoff should enter the receiving channel at nonerosive
velocities as shallow concentrated flow. Rock rip-rap of sufficient
size should be placed downstream of the storm drain outfalls to manage
scour and protect the outfall structure.
(6)
Level spreaders.
A level spreader typically is an outlet
designed to convert concentrated runoff to sheet flow and disperse/dissipate
its energy uniformly across a slope to prevent erosion.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
General standards.
All new construction and improvement of
any existing structure within the Lake Travis buffer zone shall be
performed so as to keep the structure reasonably safe from flooding,
and in accordance with all applicable regulations as well as with
the following standards:
(1)
All improvements shall be designed
or so modified so as to be adequately anchored to prevent flotation,
collapse, or lateral movement of the structure in the presence of
floodwaters.
(2)
All improvements shall be constructed
by methods and practices so as to minimize flood damage.
(3)
All improvements shall be constructed
with materials and equipment resistant to flood damage.
(4)
All electrical, heating, ventilation,
plumbing, and air-conditioning equipment and other service facilities
shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
(5)
All water supply systems, including
new and replacement water supply systems, shall be designed to prevent
or eliminate infiltration of floodwaters into the system.
(6)
All sanitary sewer systems, including
new and replacement sanitary sewer systems, shall be designed to prevent
or eliminate infiltration of floodwaters into the structure’s
systems and discharge of sewage into floodwaters.
(7)
All on-site disposal systems, including
but not limited to septic tank systems located on the site of the
structure, shall be located so as to prevent impairment of the function
of those systems in the presence of floodwaters and to prevent contamination
of floodwaters from those systems during flooding.
(8)
Adequate drainage must be provided
to reduce exposure to flood hazards, including adequate paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
(9)
Fully enclosed areas below the lowest
floor that are used solely for parking, building access, or storage
in an area other than a basement and that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered architect or professional engineer licensed in the state,
or must meet or exceed the following minimum criterion: include a
minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding,
with the top of all such openings no higher than one foot above grade
or BFE, whichever is lower. Openings may be equipped with screens,
louvers, valves, or other coverings or devices, provided that they
permit the automatic entry and exit of floodwaters.
(10)
No rise of BFE in the floodplain:
No new construction, substantial improvements, or other development
(including cut and/or fill) shall be permitted within the Lake Travis
buffer zone unless:
(A) It is first demonstrated
by engineering data submitted by the applicant’s engineer in
accordance with the various requirements and procedures set forth
in this order that the cumulative effect of the proposed development
will not increase the water surface elevation of the base flood:
(ii) At any point within
the city; or
(iii) Immediately adjacent
to neighboring communities; and
(B) A conditional letter
of map revision (CLOMR) has been approved by FEMA. A letter of map
revision (LOMR) must also be obtained by the applicant upon completion
of the proposed encroachment;
(11)
Compensatory storage: Whenever any
portion of a floodplain is authorized for use, the space occupied
by the authorized fill or structure below the base flood elevation
shall be compensated for and balanced by a hydraulically equivalent
volume of excavation taken from below the base flood elevation. All
such excavations shall be constructed to drain freely to the watercourse.
Any general alteration or development of the floodplain using this
method requires a FEMA approved letter of map change (LOMC).
(12)
New development or substantial improvement
in the 100-year floodplain may not increase erosive water velocity
onsite or offsite, and
(13)
New development or substantial improvement
in the 100-year floodplain will require an LOMC for any development
that alters the floodplain.
(b)
Base flood elevation requirements
in the Lake Travis buffer zone.
All new construction and additions to and substantial improvement
of any residential structure within the Lake Travis buffer zone shall
have the lowest floor, including basement, and all utilities elevated
above at least one foot above the base flood elevation.
(c)
Nonconforming uses.
(1)
A structure, or the use of a structure
or premises, which was lawful before the adoption of this section,
but which does not conform to the requirements set forth herein, may
be continued subject to the follow conditions.
(A) No such use shall be
expanded, changed, enlarged, or altered in a way which increases its
nonconformity.
(B) No substantial improvement
to the structure shall be made unless the structure is changed to
conform to these regulations.
(C) If a nonconforming use
is discontinued for a period of 90 days or more, any future use of
the building or premises shall conform to these regulations.
(D) Any nonconforming use
or structure which is destroyed by any means, including floods, or
which has sustained substantial damage shall not be reconstructed
except in conformance with the provisions of these regulations.
(2)
The following procedures shall be
used to determine whether a structure or use of a structure has sustained
substantial damage pursuant to this section.
(A) The owner shall obtain
an estimate of fair market value for the structure which has been
damaged.
(B) The owner shall obtain
an estimate for the cost of repairs to the damaged structure. Acceptable
estimates can be obtained from the following sources:
(i) Itemized estimate (as
to both materials and labor) made by licensed contractors or other
professional estimators in the construction industry; and
(ii) For insured structures
damaged by floods, the monetary damage estimated by the National Flood
Insurance Program claims adjuster (structure only, not contents).
(C) The owner shall provide
an estimate for the cost of repairs or improvements which have been
made to the structure since March 28, 1995.
(D) The owner shall submit
a completed application form along with the requested cost and appraised
value figures to the city.
(3)
Upon receipt of the information outlined in subsection
(c)(2), the floodplain administrator shall verify the accuracy of the information and determine if the structure has been, or will be, substantially improved as a result of the repair work or other improvements which have been or need to be made. If the value of repairs or improvements does not constitute a substantial improvement as defined in this chapter and does not exceed 50% of the market value of the structure, then a permit will be issued by the floodplain administrator to begin the repairs. If the value of repairs or improvements exceeds 50% of the market value of the structure or constitutes a substantial improvement, then a permit will be denied unless the structure is to be reconstructed outside of the floodplain or constructed in accordance with the standards set forth in this chapter for new developments and substantial improvements.
(Ordinance 2011-09-19-01 adopted 9/19/11)
(a)
Definition.
The uplands zone shall consist of all lands and waters
that are not included within the critical environmental feature buffer
zone or a buffer zone.
(b)
Impervious cover allowed.
(1)
The maximum allowable impervious
cover for single-family or duplex development shall be 50% of the
net site area.
(2)
The maximum allowable impervious
cover for all other development shall be 60% of the net site area.
(3)
For development within the extraterritorial
jurisdiction, the maximum allowable impervious cover shall be 35%
of the net site area.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2023-10-16-03 adopted 10/16/2023)
(a)
Impervious cover credit may be transferred
only between lots within the same preliminary plan.
(b)
An applicant transferring development
intensity must note the transfer on the plats of both the transferring
and receiving tracts, in a manner satisfactory to the zoning and planning
commission, and must file in the deed records a restrictive covenant,
approved by the city attorney, that runs with the transferring tract
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
All lots or tracts of land shall
contain an adequate building site prior to development. The 100-year
floodplain shall remain free of construction, development, or other
alterations except for utility crossings, roadway crossings, and other
at-grade improvements (such as walkways) as approved by the city.
(b)
Single-family or duplex development:
Impervious cover calculations shall include actual calculations for
street sections, any other proposed impervious cover, and the total
of an assumed impervious cover for each proposed lot. Impervious cover
assumptions per lot shall be based on the following:
Lot Size (ft2)
|
7,499 and less
|
7,500–9,999
|
10,000–14,999
|
15,000 and greater
|
I.C. Assumption per Lot
|
3,000 ft2
|
4,000 ft2
|
6,000 ft2
|
7,000 ft2
|
(c)
Site development: Impervious cover
calculations shall be actual calculations based on the proposed plans.
(d)
All impervious surfaces (building
footprints, paved surfaces, sidewalks, decks/patios, dumpster pads,
A/C pads, mail kiosk pad, etc.) shall be included in the calculations
and charged against impervious cover allowances. Roads, parking areas,
buildings, and other construction are to be assumed as 100 percent
impermeable unless specific proposed alternate surfaces are authorized
as being less than such by the city engineer. Water quality basins,
detention ponds, earthen swales, and any naturally impermeable features,
such as rock outcrops need not be calculated as impervious cover.
(e)
All pedestrian sidewalks within street
rights-of-way or parallel to private streets may be excluded from
the impervious cover calculations.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Excluded from net site area.
(1)
Land in critical environmental feature
buffer zones and the buffer zone.
(2)
Land on slopes greater than 35 percent.
(b)
Included in net site area.
(1)
One hundred (100) percent of all
acreage on 0–15% slopes in the uplands zone.
(2)
Forty (40) percent of all acreage
on 15–25% slopes in the uplands zone.
(3)
Twenty (20) percent of all acreage
on 25–35% slopes in the uplands zone.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Conveyance.
Stream, channel, drainageway, drainage/dry well, intermittent
stream, ephemeral stream, floodplain, karst feature, storm drainage
system, drainage system appurtenance, waterbody, watercourse or waterway.
Discharge.
Any direct or indirect addition including dumping, spilling,
leaking, pumping, pouring, emitting, emptying, leaching, disposing
or otherwise introducing any pollutant, stormwater, or any other substance
whatsoever into the municipal separate storm sewer system (MS4) or
conveyance.
Hazardous material.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illicit connections.
Any drain or conveyance, whether on the surface or subsurface
that allows an illegal discharge to enter the storm drain system or
a conveyance, including but not limited to any conveyances that allow
nonstormwater discharge including sewage, process wastewater, and
washwater to enter the storm drain system and any connections to the
storm drain system from indoor drains and sinks.
Municipal separate storm sewer system (MS4).
The stormwater drainage system operated and maintained by
the city which is comprised of the following: The system of conveyances
(including roads with drainage systems, municipal streets, catchbasins,
curbs, gutters, ditches, manmade channels, or storm drains) owned
and operated by the city and designed or used for collecting or conveying
stormwater, and which is not used for collecting or conveying sewage.
Nonstormwater discharge.
Any discharge into the municipal separate storm sewer system
(MS4) or surface water that is not entirely composed of stormwater.
Person.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or as the owner's agent.
Pollutant.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: Paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Stormwater.
Any surface flow, stormwater runoff, snow melt runoff, and
surface runoff and drainage consisting entirely of water from any
form of natural precipitation.
TPDES.
Texas Pollutant Discharge Elimination System; program delegated
to the State of Texas by EPA pursuant to 33 USC 1342(b).
Water quality standard.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 30 of the Texas Administrative Code.
(Ordinance
2022-11-21-02 adopted 11/21/2022)
(a)
General. No
person within the city limits and extraterritorial jurisdiction of
the city shall introduce, directly or indirectly, any discharge that
is not entirely composed of stormwater into the municipal separate
storm sewer system (MS4) or conveyances.
(b)
Prohibition of illicit
discharges. No person shall discharge any pollutant or waters containing any pollutant into the MS4 or conveyances that violates chapter
26 of the Texas Water Code, violates federal law, or that causes or contributes to causing the city to violate a water quality standard, the city's TPDES permit, or any state-issued discharge permit for discharges from its municipal separate storm sewer system (MS4).
(c)
Allowable nonstormwater discharges.
It is an affirmative defense to any enforcement action for violation of subsection
(a) of this section that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
A discharge specified in writing
by the city as being necessary to protect public health and safety.
(2)
A discharge authorized by a TPDES
permit, waiver, or waste discharge order issued to the discharger
and administered under authority of the Texas Commission on Environmental
Quality or the United States Environmental Protection Agency, provided
that the discharger is in full compliance with all requirements of
the permit, waiver, order, and other applicable laws and regulations.
(3)
A discharge resulting from firefighting/fire
suppression activities.
(4)
A discharge of fire protection water
from standard municipal operations and training that does not contain
oil or hazardous substances or materials that are required to be contained
and treated prior to discharge, in which case treatment adequate to
remove harmful quantities of pollutants must have occurred prior to
discharge.
(5)
A discharge resulting from the standard
municipal operations of street sweeping and street washing activities,
which discharge is not contaminated with any soap, detergent, degreaser,
solvent, emulsifier, dispersant, or any other harmful cleaning substance.
(6)
A discharge from water line flushing,
but not including a discharge from water line disinfection by superchlorination
or other means unless the total residual chlorine (TRC) has been reduced
to less than one ppm (part per million) and it contains no harmful
quantity of chlorine or any other chemical used in line disinfection.
(7)
A discharge from a potable water
source not containing any harmful quantity of a substance or material
from the cleaning or draining of a storage tank or other container.
(8)
A discharge from lawn watering or landscape irrigation provided that the discharge occurs in accordance with section
24.02.323.
(9)
A discharge from individual residential
car washing.
(10)
A discharge from air conditioning
condensation that is unmixed with water from a cooling tower, emissions
scrubber, emissions filter, or any other source of pollutant.
(11)
Swimming pool water that has been
dechlorinated so that total residual chlorine (TRC) is less than one
ppm (part per million), that has a pH between the range of 6.0 and
10.5, and that contains no harmful quantity of chlorine, muriatic
acid or other chemical used in the treatment or disinfection of the
swimming pool water or in pool cleaning.
(12)
Stormwater runoff from a roof that
is not contaminated by any runoff or discharge from an emissions scrubber
or filter or any other source of pollutant.
(13)
A discharge or flow from a diverted
stream flow or natural spring.
(14)
A discharge or flow from uncontaminated
pumped groundwater, rising groundwater, or groundwater infiltration
to storm drains.
(15)
Uncontaminated groundwater infiltration,
as defined by 40 CFR 35.2005(20), to the MS4.
(16)
Uncontaminated discharge from a foundation
or footing drain (excluding active groundwater dewatering systems),
crawl space pump, or sump pump.
(d)
Prohibition of illicit connections
to the MS4 or conveyances.
The construction of, use of, maintenance of, or continued use of
a new or existing illicit connection to the MS4 or any conveyances
is prohibited. This prohibition expressly includes any illicit connection
made before passage of the ordinance codified in this article, regardless
of whether such connection was permissible under law or practices
applicable or prevailing at the time of connection.
(e)
Spill and release reporting.
(1)
Discovery, containment and cleanup
procedure.
Notwithstanding
other requirements of law, as soon as any discharger or operator of
a facility or operation, or person responsible for emergency response
for a facility or operation, has information of any known or suspected
release of materials which are resulting or may result in an illicit
discharge, such person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such discharge.
(A) Hazardous materials
spill.
In the event of discharge
of hazardous materials, the discharger shall immediately notify emergency
response agencies. Once the immediate threat has been properly contained,
the discharger shall notify the city via its director of building
and development services.
(B) Nonhazardous materials
spill.
In the event of a release
of nonhazardous materials, the discharger shall notify the city, via
its director of building and development services, in person or by
telephone no later than the next business day. Notifications in person
or by telephone shall be confirmed by written notice addressed and
mailed to the director within three business days of the telephone
notice.
(2)
Record of discharge from commercial
or industrial establishment.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain on site a written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for a minimum of three years.
(Ordinance
2022-11-21-02 adopted 11/21/2022)