This chapter may be cited as the environment code.
(Ordinance 20-10-1181 adopted 10/20/20)
A reference within this environment code to a federal or state statute, rule or regulation includes all amendments to such statute, rule or regulation made after the adoption of the environment code.
(Ordinance 20-10-1181 adopted 10/20/20)
This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (“MS4”) of the city in order to comply with requirements of the state pollutant discharge elimination system (“TPDES”) permit process. The objectives of this article are:
(1)
To regulate pollutants from stormwater discharges into and from the MS4;
(2)
To prohibit illicit connections and discharges to the MS4;
(3)
To control the discharge of spills and prohibit dumping or disposal of materials other than stormwater into the small MS4;
(4)
To enforce compliance with the permittee’s ordinances, permits, contracts, or orders;
(5)
To require installation, implementation, and maintenance of control measures;
(6)
To receive and collect information, such as stormwater plans, inspection reports, and other information deemed necessary to assess compliance with this permit, from operators of construction sites, new or redeveloped land, and industrial and commercial facilities;
(7)
To establish legal authority to implement inspection and enforcement procedures to ensure compliance with this article;
(8)
To respond to noncompliance with best management practices (“BMPs”) required by the small MS4 consistent with its ordinances or other regulatory mechanism(s);
(9)
To assess penalties, including monetary, civil, or criminal penalties; and
(10)
To enter into interagency or interlocal agreements or other maintenance agreements, as necessary.
(Ordinance 20-10-1181 adopted 10/20/20)
Property owner or agent of a property owner who filed an application for a stormwater authorization under a TPDES general permit or an individual TPDES permit.
Employees or designees of the mayor of the city or the state commission on environmental quality (“TCEQ”) have authority to enforce this article and/or the TPDES regulations.
Schedule of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment practices, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw materials storage areas.
Any structure, either temporary or permanent, with walls and a roof, designed to shelter a person, animal, or property, and occupying more than 100 square feet of area.
Includes soil disturbance, including clearing, grading, excavating, and other construction related activities (e.g., stockpiling of fill material and demolition); and 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-ways, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.
Small construction activity.
Construction activity that results in land disturbances 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.
Large construction activity.
Construction activity that results in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes the disturbance of less than five (5) 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 acres of land.
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 item or agent (biological, chemical, physical) that has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.
Any man-made conveyance connecting an illicit discharge directly to the MS4.
Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges pursuant to a TPDES stormwater general permit or a separate authorization and discharges resulting from emergency firefighting activities.
Any activity which changes the volume or discharge rate of stormwater runoff from the land surface. This includes grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or manmade watercourse.
A formal contract between the city and a property owner to guarantee long-term maintenance of stormwater management practices.
Any discharge to the storm drain system that is not composed entirely of stormwater.
All practices and facilities employed to meet and maintain stormwater runoff quality and quantity requirements after site development has been completed.
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.
In accordance with the Texas Water Code, section 26.001(13) a pollutant includes the following: dredged spoil, solid waste, incinerator residue, sewage, garbage, 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 any water in the state.
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Rainfall runoff, snow-melt runoff, and surface runoff and drainage.
The use of structural or nonstructural control practices/BMPs designed to reduce stormwater pollutant runoff, discharge volumes, peak flow discharge rates, and detrimental changes in stream temperature that affect water quality.
A document that describes the BMPs and activities to be implemented by the permit holder to identify sources of pollution or contamination at a site and actions to eliminate or reduce pollutant discharges.
Structural or nonstructural measures to minimize stormwater runoff to surface water in the state.
Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (“MHWM”) out 10.36 miles into the gulf), 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 water-courses 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 water in the state.
Any direct or indirect non-stormwater discharge to the storm drain system except as exempted in section 29.02.005, prohibition of illicit connections, of this article.
(Ordinance 20-10-1181 adopted 10/20/20)
Unless exempted, this article applies to discharges entering the storm drain system within the jurisdictional limits of the city. Upon the effective dates of completed annexation of additional lands into the city, each such annexed additional land shall become part of the service area. Land annexed for limited purposes shall become part of the service area upon annexation for full purposes.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
The city shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the city manager of the city may be delegated in writing by the city manager of the city to persons or entities acting in the beneficial interest of the city.
(b)
Authorized individual(s) under this section shall have the authority to enforce this article in its entirety and shall be designated as a TPDES stormwater manager and/or inspector. Any person subject to an industrial or construction TPDES stormwater discharge permit or authorization shall comply with all provisions of the permit and may be required by the city to have authorization to discharge stormwater into the MS4.
(Ordinance 20-10-1181 adopted 10/20/20)
The city has the authority to prohibit illicit discharges and illicit connections in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)a. This article prohibits unauthorized discharges into the storm drain system. No person shall release discharges into the municipal storm drain containing any pollutants that cause or contribute to a violation of water quality standards, other than stormwater or authorized non-stormwater discharges. Allowable non-stormwater discharges include:
(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 from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources;
(3)
Discharges from potable water sources that do not violate state surface water quality standards in accordance with 30 TAC 307;
(4)
Diverted stream flows; and
(5)
Individual residential vehicle washing.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
The city has the authority to respond to and contain other releases. The city must control the discharge of a spill and prohibit dumping or disposal of material other than stormwater and authorized non-stormwater discharges into the small MS4 in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)b. Any person in violation of this article may risk having their discharge authorization to the MS4 terminated. The authorized enforcement agency will notify the violator of the proposed termination of its authorization. The violator may petition the city to reconsider and schedule a hearing.
(b)
When the person responsible has knowledge of any known or suspected release of materials resulting in or potentially resulting in unauthorized discharges into a storm sewer system or surface water in the state, the person must contain and clean up the release. If hazardous materials are released, the person must immediately notify emergency response agencies. If nonhazardous materials are released, the person must notify the authorized enforcement agency no later than the next business day. Notifications in person or by telephone must be confirmed by written notice addressed and mailed to the city.
(c)
During emergency situations involving unauthorized discharges from illicit connections, the city may suspend a person’s MS4 authorization to stop an actual or threatened discharge which may present danger to the MS4 or surface water in the state. If the violator fails to comply, the authorized enforcement agency may take necessary steps to prevent or minimize damage to the MS4 or surface water in the state.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
The city can enforce compliance with the city’s ordinances, permits, contracts, or orders in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)c.
(b)
Unless specifically excluded by this article, the land owner or operator who intends to engage in land disturbance activity shall submit to the city a permit application on a form provided for that purpose. The permit application must be accompanied by the following: a stormwater management plan (as referenced in section 29.02.008, “requirements for stormwater management plan approval,” in this article); a stormwater maintenance agreement and a non-refundable permit review fee. This requirement is in addition to any other permits or procedural requirements mandated by the city in its code of ordinances.
(c)
Note that TPDES construction general permit TXR150000 requires regulated construction activities (those disturbing one acre or more) to provide a signed and certified construction site notice to the operator of any MS4 receiving the construction site stormwater discharge prior to commencement of land disturbing activities. See TXRI 50000 part II sections E. l(t), 2.(c), and 3.(d) and (t).
(1)
Application fee.
The city may adopt a land development application fee based upon the amount of land to be disturbed, such fee structure to be established in the city’s adopted fee schedule.
(2)
Application procedure.
Permit applications shall include the following: the stormwater management plan, the maintenance agreement, and any required application fees.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
The city has the authority to receive and collect information (i.e., stormwater pollution prevention plans, inspection reports, etc.) from any person (i.e. operators of regulated construction sites, new or redeveloped land, and industrial and commercial facilities) in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2).e to assess compliance with this permit.
(b)
A stormwater management plan shall accompany all permit applications and include detailed information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, potential impacts of proposed developments (both present and future), and the effectiveness of proposed stormwater management measures to regulate stormwater runoff.
(c)
The stormwater management plan shall include:
(1)
Contact information: The name, address, and telephone number of all persons with a legal interest in the property and the tax reference number and parcel number of the property or properties affected.
(2)
Map(s) identifying the location of existing and proposed buildings, roads, parking areas, utilities, and structural stormwater management and sediment control facilities. The map(s) must show proposed land use and percentage of surface area to be adapted to various uses. The maps must identify drainage patterns, locations of utilities, roads and easements, the limits of clearing and grading, and a written description of the site plan.
(3)
Sufficient engineering analysis to demonstrate the proposed stormwater management measures will control runoff from the site.
(4)
An inventory of the natural resources at the site and surrounding area prior to proposed activities and a description of the watershed and its relation to the project site. The description should include the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.
(5)
A written description of the maintenance requirements for any proposed stormwater management facility.
(6)
An erosion and sediment control plan may be included for all construction activities involving on-site stormwater management practices. An erosion and sediment control plan is a set of plans that indicate the specific measures for the erosion and sediment control on a development site during and after construction.
(d)
For any activity on a previously developed site, the applicant must indicate within the stormwater management plan the BMPs it will utilize to control stormwater runoff from the site in accordance with the standards of this article. If modifications to the stormwater management plan are necessary by the city, a final stormwater management plan must be submitted for review and approval by the TCEQ.
(Ordinance 20-10-1181 adopted 10/20/20)
The city has the authority to require installation, implementation, and maintenance of control measures in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)d. This section establishes additional requirements that a person who intends to install a permanent stormwater control measure must comply with, in addition to obtaining a permit under section 29.02.007.
(1)
Maintenance easement.
The applicant of the site must implement a maintenance easement agreement that binds all subsequent owners of land served by the permanent stormwater control measure. The agreement must allow the city or their contractor/agent access to the facility to periodically inspect to determine if the facility is maintained in proper working condition and meets design standards and other provisions established by this article. The easement agreement shall be recorded by the city in the county land records.
(2)
Operations and maintenance plan.
(A)
The applicant must provide an operations and maintenance plan, which must clearly identify the person(s) responsible for operation and maintenance of permanent stormwater control measures to ensure proper and continuous function. The operation and maintenance plan shall include, at a minimum, the following:
(i)
Identification of person(s) or position title(s) responsible for all tasks in the plan. Adherence to the plan is the responsibility of the individual property owner or of the homeowner’s association (HOA) if the facility is part of a subdivision.
(ii)
Inspection requirements:
a.
Self-inspection: The plan shall require documentation of self-inspection of the permanent stormwater control measures to document maintenance and repair needs and to verify compliance with the requirements of this article. The inspection report must be in writing and submitted to the city. Maintenance needs must be addressed in a timely manner as determined by the city.
b.
City inspection: The city reserves the right to inspect all stormwater facilities for compliance with maintenance guidelines on an as-needed basis, pursuant to its maintenance easement.
(iii)
Maintenance requirements:
a.
Description of maintenance tasks and anticipated frequency, including both routine and nonroutine maintenance. Routine maintenance includes vegetation management, debris removal, and mechanical equipment check. Nonroutine maintenance includes bank stabilization, sediment removal, and structural repair and replacement;
b.
Testing and disposal of sediments; and
c.
All specifications and maintenance requirements of proprietary devices.
(iv)
Identification of funding source for maintenance and repairs.
(v)
Estimated lifespan of permanent stormwater control measures and appropriate replacement schedule.
(vi)
Activities outlined in the operations and maintenance plan shall adhere to all design criteria and other policies regarding the operation and maintenance of stormwater facilities for the city.
(B)
Filing of operations and maintenance plan: All permanent stormwater control measures, including the operations and maintenance plan and the locations of any required maintenance easements, are to be submitted with the site plan for approval by the city in the development process. The operations and maintenance plan and execution of maintenance easements must be completed and approved prior to the final acceptance of the project by the city.
(3)
Submission and filing.
All permanent stormwater control measures, including the operations and maintenance plan and the locations of any required maintenance easements, are to be submitted with the site plan for approval by the city in the development process. The operations and maintenance plan and execution of the maintenance easements must be completed and approved prior to the final acceptance of the project by the city. Once approved, the operations and maintenance plan, along with any maintenance easements, must be filed with the county clerk’s office of the county in which the property is located. The operations and maintenance plan is to be permanently linked to the land, regardless of any changes in ownership. The owner of the property holds the ultimate responsibility for ensuring that this plan is properly filed and followed throughout the lifespan of the permanent stormwater control measures.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
The city has the authority to enter and inspect private property including facilities, equipment, practices, or operations related to stormwater discharges to the small MS4 in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)f.
(b)
With regard to industrial and/or construction stormwater discharges:
(1)
The city may enter and inspect facilities, equipment, practices and operations subject to regulation under this article as often as necessary to determine compliance with this article. If a discharger’s security measures require proper identification and clearance before entry into the premises, the discharger shall make necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the city access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.
(3)
The city shall have the right to monitor and/or sample the facility’s stormwater discharge.
(4)
The city may require the discharger to install and maintain necessary sampling and monitoring equipment.
(5)
The operator must remove temporary or permanent obstruction(s) at the written or oral request of the city to allow safe and easy access to the facility for inspection and/or sampling purposes. The costs of clearing access will be borne by the operator and the obstructions may not be replaced.
(6)
Unreasonable delays in allowing the city access to a permitted facility is a violation of a TPDES stormwater discharge permit and of this article. A person commits an offense if the authorized enforcement agency is denied reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(Ordinance 20-10-1181 adopted 10/20/20)
The city has the authority to respond to noncompliance with BMPs required by the small MS4 in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)g. The city shall adopt measures to identify BMPs for any activity, operation, or facility which may facilitate pollution of stormwater, the storm drain system, or surface water in the state. The owner or operator of a commercial or industrial establishment shall implement, at their own expense, appropriate pollution control measures through the use of structural and nonstructural BMPs to prevent and reduce discharge of pollutants into the municipal storm drain system or watercourses. The BMPs must be identified in the stormwater pollution prevention plan (SWP3) to satisfy requirements of the TPDES permit.
(Ordinance 20-10-1181 adopted 10/20/20)
(a)
Enforcement; notice of violation.
(1)
The city has the authority to assess penalties, including monetary, civil, or criminal penalties in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)h.
(2)
If the city finds a person in violation with this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require:
(A)
Monitoring, analysis, and reporting.
(B)
Elimination of illicit connections or discharges.
(C)
Termination of existing discharges or practices and/or operations in violation of this article.
(D)
Abatement and/or remediation of stormwater pollution or contamination hazards.
(E)
Payment of fines to cover administrative and remediation costs.
(F)
Implementation of pollution control measures or treatment BMPs.
(G)
Maintenance and/or repair of a permanent stormwater control measure.
(3)
The notice of violation must advise that, if the violator fails to remediate the site by the deadline, a designated governmental agency or contractor will restore the site at the expense of the violator.
(4)
If the property must be remediated, no later than the tenth (10th) day after receipt of the notice of violation, the violator shall submit to the city an explanation of the violation and a plan for the satisfactory correction and prevention of a reoccurrence of the violation. Such plan shall include specific actions to be taken by the violator to restore the site. The city must approve any remediation plan and, upon approval, shall establish a deadline to restore the site.
(b)
Appeal of notice of violation.
Any person receiving a notice of violation may appeal the determination to the city council or its designee. The notice of appeal must be received by the city secretary within ten (10) days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or designee shall take place within twenty (20) days from the date of receipt of the notice of appeal. The decision of the city council or its designee shall be final.
(c)
Enforcement measures after appeal.
If the violation remains uncorrected after ten (10) days pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, ten (10) days after the final decision on the appeal is made, then representatives of the authorized enforcement agency shall enter the regulated property to take the necessary actions to abate the violation and/or restore the property. It shall be unlawful for any person to refuse a representative or agent of the city to enter upon the premises for the purposes set forth above.
(d)
Cost of abatement of the violation.
Within ten (10) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days to the city manager. If the amount due is not paid within a timely manner as determined by the decision of the city or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.
(e)
Injunctive relief.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the city may petition for a preliminary or permanent injunction restraining the person/ entity from activities prompting further violations or compel the person to perform abatement or remediation of the violation(s).
(f)
Criminal prosecution.
Any person that violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of not more than five hundred dollars ($500.00) per violation or up to two thousand dollars ($2,000.00) per violation if the court finds that the violation relates to public health and/or sanitation.
(Ordinance 20-10-1181 adopted 10/20/20)
The city has the authority to enter into interagency or interlocal agreements or other maintenance agreements, as necessary in accordance with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)i. This agreement will include maintenance easements to access and inspect stormwater control practices, and perform routine maintenance to ensure proper stormwater control. A legally binding covenant will identify the responsible parties to maintain stormwater control practices.
(Ordinance 20-10-1181 adopted 10/20/20)
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure prevention of contamination, pollution, and unauthorized discharge of pollutants.
(Ordinance 20-10-1181 adopted 10/20/20)