These regulations and requirements are hereby adopted and shall be known as the stormwater quality protection ordinance of the city.
(Ordinance 0192, sec. 1, adopted 9/20/11)
This article sets forth the minimum performance standards necessary to protect stormwater quality within the city and to establish the various public and private responsibilities for providing this protection. Further, it is the purpose of this article to:
(1)
Maintain and improve the quality of stormwater runoff and surface water within the city;
(2)
Prohibit illicit connections and discharges of pollutants from any person into the MS4 and surface water within the city;
(3)
Establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article;
(4)
Promote public awareness of the hazards associated with the illegal discharge of petroleum products, household hazardous waste, sediment and waste from construction activity, wastes from industrial activity, and other pollutants into the MS4 and surface water;
(5)
Facilitate compliance with state and federal standards and permits by operators of industrial and construction activities within the city;
(6)
Enable the city to comply with federal and state laws and regulations applicable to stormwater discharges; and
(7)
Satisfy requirements of the TPDES general permit under which the TCEQ has authorized the city to discharge from its MS4.
(Ordinance 0192, sec. 2, adopted 9/20/11)
The director of public works or his or her authorized representative will administer, implement, and enforce the provisions of this article.
(Ordinance 0192, sec. 3, adopted 9/20/11)
(a)
Acronyms.
The following abbreviations, when used in this article, shall have the designated meanings:
CFR | Code of Federal Regulations |
CGP | Construction general permit |
CSN | Construction site notice |
EPA | U.S. Environmental Protection Agency |
HHW | Hazardous household waste |
MS4 | Municipal separate storm sewer system |
MSGP | Multi-sector general permit |
NOC | Notice of change |
NOI | Notice of intent |
NOT | Notice of termination |
NPDES | National Pollutant Discharge Elimination System |
RQ | Reportable quantity |
SWP3 | Stormwater pollution prevention plan |
TAC | Texas Administrative Code |
TCEQ | Texas Commission on Environmental Quality |
TPDES | Texas Pollutant Discharge Elimination System |
USC | United States Code |
(b) Common plan of development or sale Construction activity(1) (2)
Construction site notice (CSN) Contaminated Contamination Day Director Discharge Discharger Domestic sewage Environmental Protection Agency (EPA) Garbage Harmful quantity(1) (2) (3) (4) (5) (6) Hazardous waste Household hazardous waste (HHW) Industrial activity Industrial solid waste Motor vehicle fluid Municipal separate storm sewer system (MS4) National Pollutant Discharge Elimination System (NPDES) Notice of change (NOC) Notice of intent (NOI) Notice of termination (NOT) Operator(1) (A) (B) (2) Person Pollutant Pollution Qualified personnel(1) (2) (3) (4) Release Reportable quantity (RQ) Rubbish(1) (2) Small construction activity State commission on environmental quality (TCEQ) Stormwater and stormwater runoff Stormwater pollution prevention plan (SWP3) Surface water in the state and surface water Texas Pollutant Discharge Elimination System (TPDES) TPDES general permit relating to stormwater discharges associated with construction activities sites or construction general permit (CGP) TPDES general permit relating to stormwater discharges associated with industrial activity or multi-sector general permit (MSGP) Uncontaminated Wastewater Water quality standard Waters of the United States(1) (2) (3) (4) (5) (6) (7)
Definitions.
means 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.
means any human activity that involves clearing, grading, excavation, or other placement, movement, removal, or disposal of soil, rock, or other earthen materials that:
Disturbs equal to or greater than one (1) acre of total land area; or
Disturbs less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre of area. (For example, construction of a single-family residence on one lot in a subdivision where the developer and all builders combined will disturb one acre or more).
Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or 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). |
means the form, other than the notice of intent, required by the TCEQ to be posted at the site of construction activities, including the large CSN, small CSN, primary and secondary operator CSNs, or other TCEQ notice that the TPDES construction general permit requires to be posted based on size of the construction activity and role of the operator.
means containing a harmful quantity of any substance.
means the presence of or discharge into the MS4 or surface water any substance which may be of a harmful quantity.
means one (1) calendar day of 24 hours.
means the director of the department of public works or the director’s authorized representatives.
means to introduce, to allow to be introduced, to release, or to cause to be released any prohibited substance, pollutant, stormwater, or other material into the MS4 or surface water.
means any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction activity or industrial activity.
means human excrement, graywater (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveyances of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste.
means the United States Environmental Protection Agency, or any duly authorized official of said agency.
means putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
means the amount of any substance that will:
Violate a water quality standard;
Cause pollution of the MS4;
Cause a film or sheen on the surface of water;
Damage the MS4;
Interfere with operation of the MS4, such as sediment blocking the MS4; or
Be harmful to the public health, public welfare or the environment as determined by the director.
means any solid waste under 30 TAC section 335.1 that is ignitable, corrosive, reactive, or toxic and/or is listed under the definition of hazardous waste in 40 CFR section 261.3.
means byproducts generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a residential consumer which, except for the exclusion provided in 40 CFR section 261.4(b)(1), would be classified as a hazardous waste under 40 CFR part 261, such as paints, stains, varnishes, solvents, pesticides, herbicides, and other materials or products that can catch fire, react, explode, or are corrosive or toxic.
means manufacturing, processing, material storage, and waste material disposal areas (and similar areas where stormwater can contact industrial pollutants related to industrial activity) at a facility included in any of the ten (10) categories in the definition of stormwater discharges associated with industrial activity in 40 CFR section 122.26(b)(14)(i)–(ix) and (xi).
means any solid waste under 30 TAC section 335.1 resulting from an industrial activity or other manufacturing, mining, or agricultural operation.
means any vehicle crankcase oil, antifreeze, transmission fluid, hydraulic fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by the city for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.
means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act.
means the written notification from an operator to the TCEQ providing changes to information that was previously provided to the TCEQ in a notice of intent.
means a written submission to the TCEQ from a person requesting coverage under the TPDES construction general permit, the TPDES multi-sector general permit, or other TPDES general permit for the discharge of stormwater.
means a written submission to the TCEQ from an operator authorized under a TPDES general permit requesting termination of coverage under the general permit.
means:
For a construction activity, the person or persons who meet either of the two following criteria:
The person or persons have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
The person or persons 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 (SWP3) for the site or other TPDES construction general permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions).
For an industrial activity, the person or persons responsible for the management of an industrial facility subject to the provisions of the TPDES multi-sector general permit. Industrial facility operators include entities with operational control over industrial activities, including the ability to modify those activities; or entities with day-to-day operational control of activities at a facility necessary to ensure compliance with the MSGP (e.g., the entity is authorized to direct workers at a facility to carry out activities required by the permit).
means 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.
means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system. For the purpose of this article, the term “pollutant” includes sediment.
means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface water in the state or waters of the United States, 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.
means persons who possess the appropriate knowledge, skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally accepted industry standards for such activity. For construction activity SWP3 inspections, the knowledge, skills, and ability of the qualified personnel conducting the inspections must include knowledge of the TPDES CGP, familiarity with the construction site, and knowledge of the SWP3 for the site, as well as demonstrated:
Knowledge of the principles and practice of erosion and sediment control;
Knowledge of the principles and practice of pollution prevention;
Skills to assess conditions at the construction site that could impact stormwater quality; and
Skills to assess the effectiveness of any stormwater controls selected to control the quality of stormwater discharges from the construction activity.
means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into groundwater, subsurface soils, surface soils, the MS4, surface water in the state, or waters of the United States.
means the amount of a material or waste that, when released within a 24-hour period, the person responsible for the release is required to notify the city and state and federal authorities.
means non-putrescible solid wastes that consist of:
Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
means a construction activity that results in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) 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 (1) and less than five (5) acres of land.
means the state agency by that name, the regional office thereof, any state department, agency or commission that may succeed to the authority of the TCEQ, and any duly authorized official of the TCEQ or such successor agency.
means any natural flow of water occurring during, following, or as a result of rainfall or snow melt.
means a document required by the TPDES construction general permit or TPDES multi-sector general permit and which describes and ensures the implementation of controls and management practices to reduce the pollution discharged from the construction or industrial activity.
mean lakes, bays, ponds, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, and all other bodies of surface water, natural or artificial, 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 subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment, are not considered to be in the state.
means the program delegated to the state by the EPA pursuant to 33 USC section 1342(b).
means the current TPDES construction general permit issued by TCEQ, as authorized under provisions of section 402 of the Clean Water Act and chapter 26 of the Texas Water Code, and known as TPDES General Permit TXR150000 effective March 5, 2008, and its successors.
means the current TPDES multi-sector general permit issued by TCEQ, as authorized under provisions of section 402 of the Clean Water Act and chapter 26 of the Texas Water Code, and known as TPDES General Permit 050000 effective August 14, 2006, and its successors.
means not containing a harmful quantity of any substance.
means any water or other liquid, other than uncontaminated stormwater, discharged from a facility or activity.
means the explicit goals established for surface water in the state as codified in title 30, chapter 307 of the Texas Administrative Code.
means:
All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce;
All interstate waters, including interstate wetlands;
All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), wetlands, prairie potholes, playa lakes, or natural ponds, 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 the federal definition of “waters of the United States” at 40 CFR section 122.2;
All tributaries of waters identified in this definition; and
All wetlands adjacent to waters identified in this definition; but
Not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
(Ordinance 0192, sec. 4, adopted 9/20/11)
(a)
No person(s) shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4), surface water in the state, or waters of the United States any discharge that is not composed entirely of stormwater.
(b)
It is an affirmative defense to any enforcement action for violation of subsection (a) of this section, upon presentation of evidence by the discharger, that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
Water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life);
(2)
Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources;
(3)
Discharges from potable water sources;
(4)
Diverted stream flows;
(5)
Rising groundwater and springs;
(6)
Uncontaminated groundwater infiltration;
(7)
Uncontaminated pumped groundwater;
(8)
Foundation and footing drains;
(9)
Air conditioning condensation;
(10)
Water from crawl space pumps;
(11)
Individual residential vehicle washing;
(12)
Flows from wetlands and riparian habitats;
(13)
Dechlorinated swimming pool discharges;
(14)
Street wash water;
(15)
Discharges or flows from firefighting activities (firefighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities);
(16)
Other allowable non-stormwater discharges listed in 40 CFR section 22.26(d)(2)(iv)(B)(1);
(17)
Non-stormwater discharges that are specifically listed in the TPDES multi-sector general permit or the TPDES construction general permit; or
(18)
Other similar occasional incidental non-stormwater discharges, unless the TCEQ develops permits or regulations addressing these discharges.
(c)
No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the director to be a pollutant to or to cause pollution of the MS4, surface water in the state, or waters of the United States, and written notice of such determination has been provided to the discharger.
(Ordinance 0192, sec. 5, adopted 9/20/11)
(a)
The specific prohibitions and requirements in this section are within but do not limit the general prohibition in section 13.02.005.
(b)
No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the city to violate a water quality standard, the city’s TPDES permit for discharges from its MS4, or any federal or state issued discharge permit for discharges from its MS4.
(c)
No person shall discharge any of the following substances into the MS4, surface water in the state, or waters of the United States:
(1)
Any new or used motor oil, antifreeze, or any other motor vehicle fluid;
(2)
Any hazardous waste, including household hazardous waste;
(3)
Any garbage, domestic sewage or septic tank waste, cooking oil, grease trap waste, or grit trap waste;
(4)
Any trash, rubbish, yard waste, or other floatable material;
(5)
Any wastewater from a commercial car wash facility, or from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, body shop, repair shop, or maintenance facility, with the exception that the exterior of new or used automobiles for sale at a dealership may be rinsed with non-heated potable water as long as no pollutants (including but not limited to detergent, surfactants, emulsifiers, etc.) enter the MS4;
(6)
Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior or exterior mechanical equipment that contains any soap, detergent, degreaser, solvent, other cleaning substance, or a pollutant from the item that is being cleaned, or that has been produced by wash water applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating;
(7)
Any wastewater from commercial floor, rug, or carpet cleaning;
(8)
Any wastewater from the wash-down or cleaning of parking lots, streets, or other pavement that contains soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other cleaning substance, or that has been produced by wash water applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating; or any wastewater from the washing or cleaning of parking lots, streets, or other pavement where any spill, leak, or other release of hazardous material, hazardous substance, hazardous waste or other pollutant has occurred;
(9)
Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or the blowdown 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 discharge from water line disinfection by superchlorination or other means if it contains any harmful quantity of chlorine or any other chemical used in line disinfection;
(13)
Any runoff or washdown water from an animal pen, kennel, or fowl or livestock containment area; or
(14)
Any substance or material that will damage, block, or clog the MS4.
(d)
No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue.
(Ordinance 0192, sec. 6, adopted 9/20/11)
(a)
The person who owns or operates a vehicle, facility, activity, or other source of any spill, discharge, or other release that may flow, leach, enter, or otherwise be introduced into the MS4 or surface water in the state shall notify the city as soon as practicable and in no case later than 24 hours after discovering a release of the following:
(1)
An amount equal to or in excess of a reportable quantity of a hazardous substance, as established by 40 CFR section 302.4, except where the RQ is greater than 100 pounds, in which case the RQ shall be 100 pounds;
(2)
An amount equal to or in excess of a reportable quantity of an extremely hazardous substance, as established under 40 CFR part 355;
(4)
An amount equal to or in excess of 25 pounds of industrial solid waste or other industrial substance.
(b)
The initial notification shall include the following information, to the extent known:
(1)
Name, address, and telephone number of the person making the report;
(2)
Date, time, and location of the release;
(3)
Specific description or identification of the oil, petroleum product, hazardous substance, or other substances released;
(4)
Estimate of the quantity released;
(5)
Duration of the incident;
(6)
Name or description of the street, MS4 structure, or surface water affected or threatened by the release;
(7)
Source of the release;
(8)
Description of the extent of actual or potential water pollution or harmful impacts to the environment and an identification of any environmentally sensitive areas or natural resources at risk;
(9)
If different from subsection (b)(1) of this section, the names, addresses, and telephone numbers of the responsible person and the contact person at the location of the release;
(10)
Description of any actions that have been taken, are being taken, and will be taken to contain and respond to the release;
(11)
Any known or anticipated health risks;
(12)
Identity of any governmental representatives, including local authorities or third parties, responding to the release; and
(13)
Any other information that may be significant to the response action.
(c)
Within fourteen (14) days following such release, the responsible person in charge of the vehicle, facility, activity, or other source of the release shall, unless waived by the city, submit a written report containing the items specified above and the following additional information:
(1)
The ultimate duration, concentration, and quantity of the release;
(2)
All actions taken to respond to, contain, and clean up the released substances, and all precautions taken to minimize the impacts;
(3)
Any known or anticipated acute or chronic health risks associated with the release;
(4)
Where appropriate, advice regarding medical attention necessary for exposed individuals;
(5)
The identity of any governmental/private sector representatives responding to the release; and
(6)
The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences.
(d)
Any release report required by a state or federal authority containing the information described above shall be adequate to meet the reporting requirements for submittal to the city.
(e)
The notifications required above shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the city, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this article or to state or federal law.
(f)
Any person responsible for any release as described above shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release.
(g)
Any person responsible for a release described in above shall reimburse the city for any cost incurred by the city in responding to the release.
(Ordinance 0192, sec. 7, adopted 9/20/11)
(a)
All operators of a construction activity shall comply with the requirements, effluent limitations, certifications, notices, inspections, and all other applicable conditions of the TPDES construction general permit, except where alternative TPDES permit coverage is obtained for the discharge of stormwater and eligible non-stormwater discharges from the construction activity.
(b)
Unless a waiver is applicable (refer to subsection (c) of this section), all operators of a construction activity shall prepare and submit to the city a stormwater pollution prevention plan (SWP3) at least seven (7) days prior to commencing construction activity. The SWP3 shall be in accordance with the requirements for a SWP3 in the TPDES CGP. For more effective coordination of management practices, preparation and implementation of a single, comprehensive SWP3 for all operators and phases of construction at a site is encouraged.
(c)
Small construction activities that meet the criteria for a waiver from coverage under the TPDES CGP may submit to the city a copy of the completed TCEQ low rainfall erosivity waiver form instead of a SWP3. The form shall be submitted to the city at least seven (7) days prior to commencing construction activities. The city may require submission of a SWP3 if the city determines upon review or a site inspection that the construction activity is operating beyond the limits of the waiver’s applicability.
(d)
The city may review a submitted SWP3 and require changes be made to the SWP3 and the SWP3 resubmitted if, in the professional judgment of the director, the SWP3 does not comply with the requirements of the TPDES CGP or will not be effective in controlling erosion and the discharge of soil, wastes, and other pollutants to the extent practicable. The deficiencies in the SWP3 will be provided in writing.
(e)
All operators of a construction activity shall submit to the city a signed copy of its notice of intent (NOI) and/or construction site notice (CSN), as applicable under the TPDES CGP. The NOI and/or CSN shall be submitted at least (7) days prior to commencing construction activities and shall be posted at the construction site prior to the commencement of construction activities. The NOI and/or CSN must be posted in a location where it is safely and readily available for viewing by the general public and local, state, and federal authorities.
(f)
Qualified personnel (provided by the operator of the construction activity) shall inspect disturbed areas of any construction site that has not been finally stabilized, areas used for storage of materials that are exposed to precipitation, discharge locations, structural controls, and locations where vehicles enter or exit the site, in accordance with the inspection schedule and procedures in the SWP3 for the construction activity. All erosion and sediment control measures and other management practices shall be observed in order to ensure they are operating correctly and are effective in minimizing the discharge of soil, wastes, and other pollutants. Based on the results of the inspection, the operator of the construction activity shall maintain, repair, or replace controls and management practices, as appropriate. At a minimum, controls and management practices shall be cleaned and repaired or replaced as needed when their capacity is reduced by fifty percent.
(g)
The city may inspect a construction activity for compliance with its SWP3 and the TPDES CGP. Notice of deficiencies will be provided in writing, and the director will give a reasonable amount of time, not to exceed ten (10) days, to implement the necessary corrective actions.
(h)
The city may deny approval of any building permit, grading permit, subdivision plat, site development plan, inspection, or any other approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the controls and management practices described in the SWP3 reviewed by the city or observed on a site inspection by the city are determined by the director to not be sufficient to minimize the discharge of soil, wastes, and other pollutants associated with construction activity to the extent practicable.
(i)
An operator who is denied an approval may appeal the decision to the city council. The appeal shall be initiated by filing a written notice of appeal with the director within fourteen (14) days from the date of the denial by the director. The notice of appeal shall cite the factual basis for the appeal and the relief sought and shall be accompanied by relevant supporting documents. The city council may affirm, reverse, or modify the decision of the director.
(Ordinance 0192, sec. 8, adopted 9/20/11)
(a)
All operators of an industrial activity shall comply with the requirements, effluent limitations, certifications, notices, inspections, discharge monitoring, and all other applicable conditions of the TPDES multi-sector general permit, except where alternative TPDES permit coverage is obtained for the discharge of stormwater and eligible non-stormwater discharges from the industrial activity.
(b)
The city may require submission of an industrial facility’s SWP3 to the city upon determination by the director that an industrial activity may be introducing pollutants to the MS4 or surface water in the state. The city may review a submitted SWP3 and require changes be made to the SWP3 and the SWP3 resubmitted if, in the professional judgment of the director, or authorized representative, the SWP3 does not comply with the requirements of the TPDES MSGP. The deficiencies in the SWP3 will be provided in writing, and the director will give the operator a reasonable amount of time, not to exceed twenty-one (21) days, to make the necessary changes and resubmit the SWP3.
(c)
The city may inspect an industrial activity for compliance with its SWP3 and the TPDES MSGP. Notice of deficiencies will be provided in writing, and the director will give a reasonable amount of time, not to exceed ten (10) days, to implement the necessary corrective actions.
(Ordinance 0192, sec. 9, adopted 9/20/11)
(a)
All citizens are encouraged to report to the city any spills, releases, illicit connections, discharges from construction activity, other instances of a person or persons discharging pollutants into the MS4 or surface water in the state, and any other violation of this article of which they become aware. Such citizen reports may be made by telephone, in writing, or in person.
(b)
The city will designate an individual or office to receive all such citizen reports and will establish a phone number and publish the number to facilitate citizen reports.
(Ordinance 0192, sec. 10, adopted 9/20/11)
(a)
The director may enter premises or vehicles regulated by this article at all reasonable times, whenever it is necessary to make an inspection to enforce any of the provisions of this article, to inspect permits and records required by this article, to collect water, waste, or wastewater samples, or whenever probable cause exists to believe that a violation of this article or other environmental laws exists on such premises.
(b)
The director shall first present credentials and demand entry if the premises are occupied. If the premises are unoccupied, a reasonable attempt to locate the owner or person in control of the premises and demand entry shall be made.
(c)
Where premises have security measures in force which require proper identification and clearance before entry into the premises, the person in control of the premises shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities.
(d)
If entry is denied or if a person in control cannot be located, the director shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure, and for the purposes of same, any person with enforcement authority under this article is hereby declared to be a “health officer.”
(Ordinance 0192, sec. 11, adopted 9/20/11)
(a)
Notice of violation.
When the city finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the city may serve upon that person a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the city. If the alleged violator denies that any violation occurred or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the city within ten days of receipt of the notice. Submission of an explanation or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
(b)
Emergency cease and desist order.
(1)
When the city finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) have caused or contributed to an actual or threatened discharge to the MS4, surface waters in the state, or waters of the United States, which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
(2)
Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a person’s failure to immediately comply voluntarily with the emergency order, the city may take such steps as deemed necessary to prevent or minimize harm to the MS4, surface water in the state, or waters of the United States, or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The city may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the city within five (5) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(c)
Stop work order.
(1)
Whenever the city finds that any operator of a facility or activity, to include a construction site, has violated, or continues to violate, any provision of this article, or any permit or order issued thereunder, the director may order that a stop work order be issued to the operator, posted at the facility, and distributed to all city departments and divisions whose decisions affect any activity at the facility.
(2)
Unless express written exception is at issuance, the stop work order shall prohibit any further activity at the entire facility and site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue activity or to assume occupancy of the facility.
(3)
A person receiving an order under this section may file a written notice of appeal with the director, no later than the tenth day after receipt of the order. Such notice shall include an explanation as to why the person believes the enforcement action should not be taken.
(4)
Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(d)
Nuisance abatement.
(1)
A violation of any provision of this article, if it exists within the corporate limits of the city or within 5,000 feet of such limits, or of any order issued hereunder, is hereby declared a public nuisance and shall be corrected and remediated by the person(s) creating the nuisance. The city may give notice to cease, abate, remove, or otherwise remedy a nuisance immediately to:
(A)
The owner of property upon which a nuisance is located or from which a nuisance originated or is emanating. If the person creating, allowing, or maintaining the nuisance is not the owner of the property, notice shall also be given to such person; or
(B)
Any person creating, allowing, or maintaining a nuisance.
(2)
The notice may order the owner person to undertake and implement any appropriate action:
(A)
To remediate and/or abate any adverse effects of the nuisance upon the MS4, surface waters in the state, waters of the United States, or any other aspect of the environment; and/or
(B)
To restore any part of the MS4, surface waters in the state, waters of the United States, or any other aspect of the environment that has been harmed.
The notice may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this section does not relieve the violator of liability for any violation, including any continuing violation. |
(3)
Any owner on whose property the public nuisance is occurring or from which the nuisance is emanating or any person(s) creating a public nuisance shall institute and complete all actions necessary to remediate and/or abate the effects of such nuisance and restore any damages done. Such remedial, abatement, and restoration action may include, but not be limited to:
(A)
Monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action;
(B)
Confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination;
(C)
Prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the nuisance; and
(D)
Restoration or replacement of city property or natural resources damaged by the nuisance.
(4)
If the owner or person(s) responsible for creating the public nuisance fails to correct and remediate the nuisance within ten (10) days of the notice being served, the director may enter any public or private property containing the nuisance and do any work necessary to abate the nuisance, except the demolition of buildings. The person(s) creating the nuisance shall be jointly and severally liable for the cost of such correction and abatement in accordance with state and local law.
(5)
If the immediate abatement of the nuisance is deemed necessary by a director to protect the environment or the public health, safety, or welfare from an imminent and substantial endangerment, the director may, without complying with the notice provisions of this section or without waiting the ten-day period, enter the subject property and do or cause to be done any work necessary to abate the nuisance and remediate and restore the environment.
(6)
After abating the nuisance, the director may inform the owner/person in a notice sent certified mail, return receipt requested, that if the owner/person commits another violation of the same kind or nature that poses a danger to the environment or to the public health and safety on or before the first anniversary date of the original notice, the city may without further notice correct the violation at the owner’s expense and assess the expense against the owner’s property.
(7)
All costs incurred by the city to abate a nuisance and remediate and restore the environment, including the cost of giving notice as required, will initially be paid by the city and shall be charged to the owner of the property.
(8)
To obtain a lien against the property, the director causing the abatement shall file a statement of expenses with the county clerk. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien shall be security for the costs incurred and interest accruing at the rate of 10% on the amount due from the date of payment by the city. The lien is inferior only to:
(9)
A lien may not be filed against real estate protected by the homestead provisions of the state constitution.
(Ordinance 0192, sec. 12, adopted 9/20/11)
(a)
Civil remedies.
Pursuant to section 54.012(5) of the Texas Local Government Code, the provisions of subchapter B of chapter 54 of the Texas Local Government Code are hereby implemented for any violation of this article, any such violation being classified by the Texas Penal Code as a class C misdemeanor, so that the city may seek civil penalties and injunctive relief under the provisions of subchapter B of chapter 54.
(b)
Criminal penalties.
(1)
Except as otherwise provided in this article, any person who has violated any provision of this article, or any order issued hereunder, shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state and shall, upon conviction, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation, per day, or any greater fine authorized by state statute. Each day, or portion of a day, for which a violation occurs shall constitute a separate violation.
(2)
Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article, shall, upon conviction, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation, per day, or any greater fine authorized by state statute. Each day, or portion of a day, for which a violation occurs shall constitute a separate violation.
(3)
In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.
(c)
Civil suit under Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of section 26.121 of the Texas Water Code, or any rule, permit, or order of the state commission on environmental quality, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the TCEQ, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties or both authorized Texas Water Code, chapter 7, subchapter D, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to Texas Water Code, chapter 7, subchapter D. In any suit brought by the city under this subsection, the TCEQ is a necessary and indispensable party.
(Ordinance 0192, sec. 13, adopted 9/20/11; Ordinance adopting Code)
(a)
The remedies provided for in this article are not exclusive of any other remedies that the city may have under state or federal law or other ordinances. The city may take any, all, or any combination of these actions against a violator at any time, in an attempt to gain compliance with this article and any state or federal regulations. The city is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.
(b)
The city may notify the state commission on environmental quality or the Environmental Protection Agency for assistance with correcting violations of this article.
(Ordinance 0192, sec. 14, adopted 9/20/11)
The city may adopt charges and fees related solely to the provisions of this article and separate from all other applicable fees chargeable by the city. The fees may include:
(1)
Fees for inspection, investigation, sampling and monitoring procedures;
(2)
Fees for reviewing accidental discharge reports, NOIs, NOCs, CSNs, and SWP3s; or
(3)
Other fees as the city may deem necessary to carry out the requirements contained in this article.
(Ordinance 0192, sec. 15, adopted 9/20/11)