Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
Agricultural stormwater runoff.
Any stormwater runoff from orchards, cultivated crops, pastures,
range lands, and other non-point source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 CFR section 122.23 or discharges from concentrated aquatic animal
production facilities as defined in 40 CFR section 122.24.
Best management practices (BMP).
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of the MS4 and waters of the United States. BMPs also include
treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
CFR.
The Code of Federal Regulations.
City.
The City of Odessa, Texas.
Contamination.
The presence of or entry into a public water supply system,
the MS4, waters of the state, or waters of the United States of any
substance which may be deleterious to the public health and/or the
quality of the water.
Cosmetic cleaning.
Cleaning done for cosmetic purposes. It does not include
industrial cleaning, cleaning associated with manufacturing activities,
hazardous or toxic waste cleaning, or any cleaning otherwise regulated
under federal, state, or local laws.
Director.
The director of the department of development or the director's
authorized representatives.
Dirt.
Construction site waste materials, such as natural rock and
soil overburden.
Discharge.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or into waters of the United States.
Discharger.
Any person who causes, allows, permits, or is otherwise responsible
for, a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Facility.
As used in division
2 of this article, means any facility, including construction sites, required by the Federal Clean Water Act to have a permit to discharge stormwater associated with industrial activity.
Fire code.
The fire prevention and protection chapter of this code.
Fire department.
The fire department of the city, or any duly authorized representative
thereof.
Fire protection water.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
Harmful quantity.
The amount of any substance that will cause pollution of
waters in the state, waters of the United States, or that will cause
lethal or sub-lethal adverse effects on representative, sensitive
aquatic monitoring organisms belonging to the city, upon their exposure
to samples of any discharge into waters in the state, waters of the
United States, or the MS4.
Municipal separate storm sewer system (MS4).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, 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 wastewater.
National Pollutant Discharge Elimination System.
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.
Non-point source.
Any source of any discharge of a pollutant that is not a
“point source.”
Notice of intent.
The notice of intent that is required by the NPDES Stormwater
Multi-Sector General Permit, the EPA Region 6 NPDES Stormwater Construction
general permit, or any similar general permit to discharge stormwater
associated with industrial activity that is issued by the EPA or the
TCEQ.
NPDES.
The National Pollutant Discharge Elimination System.
NPDES permit.
A permit issued by EPA (or by the state under authority delegated
pursuant to 33 USC § 1342(b)) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
Operate.
Drive, conduct, work, run, manage, or control.
Operator.
As used in division
2 of this article, means the party or parties that either individually or taken together meet the following two (2) criteria:
(1)
They have operational control over the site specifications (including
the ability to make modifications in specifications); and
(2)
They have the day-to-day operational control of those activities
at the site necessary to ensure compliance with SWPPP requirements
and any permit conditions.
Person.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
Point source.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Pollutant.
Dredged spoil; solid waste; incinerator residue; sewage;
garbage; sewage sludge; filter backwash; munitions; chemical wastes;
biological materials; toxic materials; radioactive materials; heat;
wrecked or discarded equipment; rock; sand; dirt; and industrial,
municipal, recreational, and agricultural waste discharged into water
or into the municipal separate storm sewer system.
Pollution.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water of the state or water
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.
Release.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into groundwater, subsurface soils, surface soils, the municipal separate
storm sewer system (MS4), the water of the state, the waters of the
United States.
Stormwater.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snow
melt.
Stormwater discharge associated with industrial activity.
The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR part 122. For the categories of industries indentified in subsections
(1) thru (10) of this definition, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters (as defined at 40 CFR part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials; and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in subsection
(11) of this definition, the term includes only stormwater discharges from all area (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by products or industrial machinery are exposed to stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and uploading transportation or conveyance of any raw material, intermediate product, finished product, by product or waste product. The term excludes areas located on plant lands separate from the plant’s industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state or municipally owned or operated that meet the description of the facilities listed in subsections
(1) thru (11) of this definition) include those facilities designated under the provisions of 40 CFR, section 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in “industrial activity.”
(1)
Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR subchapter N (except facilities with toxic pollutant effluent standards which are exempted under subsection
(11) of this definition);
(2)
Facilities classified as standard industrial classifications
24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311,
32 (except 323), 33, 344l, 373;
(3)
Facilities classified as standard industrial classifications
10 through 14 (mineral industry) including active or inactive mining
operations (except for areas of coal mining operations no longer meeting
the definition of a reclamation area under 40 CFR § 434.11(1)
because the performance bond issued to the facility by the appropriate
federal Surface Mining Control and Reclamation Act (SMCRA) authority
has been released, or except for areas of non-coal mining operations
which have been released from applicable state or federal reclamation
requirements after December 17, 1990) and oil and gas exploration,
production, processing, or treatment operations, or transmission facilities
that discharge stormwater contaminated by contact with or that has
come into contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located
on the site of such operations; (inactive mining operations are mining
sites that are not being actively mined, but which have an identifiable
owner/operator; inactive mining sites do not include sites where mining
claims are being maintained prior to disturbances associated with
the extraction, beneficiation, or processing of mined materials, nor
sites where minimal activities are undertaken for the sole purpose
of maintaining a mining claim);
(4)
Hazardous waste treatment, storage, or disposal facilities,
including those that are operating under interim status or a permit
under subtitle C of the Federal Resource Conservation and Recovery
Act (RCRA);
(5)
Landfills, land application sites, and open dumps that receive
or have received any industrial wastes (waste that is received from
any of the facilities described under this subsection) including those
that are subject to regulation under subtitle D of RCRA;
(6)
Facilities involved in the recycling of materials, including
metal scrap yards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as standard industrial
classification 5015 and 5093;
(7)
Steam electric power generating facilities, including coal handling
sites;
(8)
Transportation facilities classified as standard industrial classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under subsections
(1)–
(7) or
(9)–
(11) of this definition are associated with industrial activity;
(9)
Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design flow of
1.0 mgd or more, or required to have an approved pretreatment program
under 40 CFR part 403. Not included are farm lands, domestic gardens
or lands used for sludge management where sludge is beneficially reused
and which are not physically located in the confines of the facility,
or areas that are in compliance with section 405 of the Federal Clean
Water Act;
(10)
Construction activity including clearing, grading and excavation
activities except: operations that result in the disturbance of less
than one acre of total land area which are not part of a larger common
plan of development or sale;
(11)
Facilities under standard industrial classifications 20, 21,
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323,
34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which
are not otherwise included within categories (2)–(10) of this
definition);
Stormwater pollution prevention plan.
A plan required by a permit to discharge stormwater associated
with industrial activity, including construction, and which describes
and ensures the implementation of practices that are to be used to
reduce the pollutants in stormwater discharges associated with industrial
activity at the facility.
SWPPP.
Stormwater pollution prevention plan.
TAC.
The Texas Administrative Code.
TPDES.
The Texas Pollutant Discharge Elimination System.
TSS (total suspended solids).
Solids that either float on the surface, or are in suspension
in, water, wastewater, or other liquids, and which are generally removable
by a laboratory filtration device. TSS is expressed in milligrams
per liter.
Wastewater.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Water in the state.
Groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, wetlands,
marshes, inlets, canals inside the territorial limits of the state,
and all other bodies of surface water, natural or artificial, navigable
or non-navigable, and including the bed and banks of all watercourses
and bodies of surface water that are wholly or partially inside or
bordering the state or inside the jurisdiction of the state.
Waters of the United States.
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
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce; all impoundments of waters
otherwise defined as waters of the United States under this definition;
all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within
the federal definition of “waters of the United States”
at 40 CFR § 122.2; but not including any waste treatment systems,
treatment ponds, or lagoons designed to meet the requirements of the
federal Clean Water Act.
Wetland.
An area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
(Ordinance 2010-26, sec. 1, adopted 8/24/10; Ordinance
2024-23 adopted 5/14/2024)
The director of the department of development and the director's
authorized representatives are authorized to administer, implement,
and enforce the provisions of this article.
(Ordinance 2010-26, sec. 1, adopted 8/24/10; Ordinance
2024-23 adopted 5/14/2024)
(a) A person
commits an offense if the person introduces or causes to be introduced
into the MS4 any discharge that is not composed entirely of stormwater.
(b) It is an affirmative defense to any enforcement action for a violation of subsection
(a) that the discharge was composed entirely of one (1) or more of the following categories of discharges:
(1) A discharge authorized by, and in full compliance with, a NPDES/TPDES
permit;
(2) A discharge of flow resulting from fire fighting by the fire department;
(3) A discharge or flow from water line flushing or fire hydrant testing,
but not including a discharge from water line disinfection by superchlorination
or other means unless it contains no harmful quantity of chlorine
and discharges are not expected to adversely affect aquatic life;
(4) A discharge or flow from lawn watering, landscape irrigation, or
other water utilizing potable water, groundwater or surface water
sources;
(5) A discharge or flow from a diverted stream flow or natural spring;
(6) A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
(7) Uncontaminated groundwater infiltration to the MS4;
(8) Uncontaminated discharge or flow from a foundation drain, crawl space
pump, rotting drain, sump pump;
(9) A discharge or flow from a potable water source not containing any
harmful substance or material from the cleaning or draining of a storage
tank or other container;
(10) A discharge or flow from air-conditioning condensation that is unmixed
with water from any other source of pollutant;
(11) A discharge or flow from an individual residential carwashing;
(12) A discharge or flow from a riparian habitat or playa lake;
(13) A discharge or flow from water used in pavement washing, vehicle
or external building washing that is not contaminated with any harmful
cleaning substance and where spills or leaks of toxic or hazardous
materials have not occurred, unless all spill material is removed;
(14) Stormwater runoff from a roof that is not contaminated by discharge
from an emissions scrubber or filter or any other source of pollutant.
(c) No affirmative defense shall be available under subsection
(b) if:
(1) The discharge or flow in question has been determined by the director
to be a source of a pollutant or pollutants to the waters of the United
States or to the MS4;
(2) Written notice of such determination has been provided to the discharger;
(3) And the discharge has continued after the expiration of the time
given in the notice to cease the discharge.
(d) A person
commits an offense if the person introduces or causes to be introduced
into the MS4 any harmful quantity of any substance.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
A person commits an offense if the person connects a wastewater
line to the MS4, or allows such a connection to continue.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
(a) An
actual or threatened discharge to the MS4 that violates or would violate
this article is hereby declared to be a nuisance.
(b) A wastewater
line or a line designed for wastewater that is connected to the MS4
is hereby declared to be a nuisance.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
(a) Emergency
suspension.
(1) The city may, without prior notice, suspend water service, sanitary
sewer service, and/or MS4 discharge access to a person discharging
to the MS4 or waters of the United States, when such suspension is
necessary to stop an actual or threatened discharge which:
(A) Presents or may present imminent and substantial danger to the environment
or to the health or welfare of persons; or
(B) Presents or may present imminent and substantial danger to the MS4
or waters of the United States.
(2) When the director determines that city-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection
(1), the director will request the director of the utilities department to do so.
(3) As soon as is practicable after the suspension of service or MS4
discharge access, the director will notify the violator of the suspension
in person or by certified mail, return receipt requested, and will
order the violator to cease the discharge immediately. When time permits,
the director should also attempt to notify the violator prior to suspending
service or access.
(4) If the violator fails to comply with an order issued under subsection
(3), the director will take such steps as the director deems necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(5) The city will not reinstate suspended services or MS4 access to the
violator until:
(A) The violator presents proof, satisfactory to the director, that the
noncomplying discharge has been eliminated and its cause determined
and corrected;
(B) The violator pays the city for all costs the city incurred in responding
to abating, and remediating the discharge or threatened discharge;
and
(C) The violator pays the city for all costs the city will incur in reinstating
service or access.
(6) A violator whose service or access has been suspended or disconnected
may appeal such enforcement action to the director, in writing, within
ten (10) days of notice of the suspension.
(7) The city may obtain a lien against the property to recover its response costs pursuant to the procedure set out in section
13-1-9 of this chapter.
(8) The remedies provided by this section are in addition to any other
remedies set out in this chapter. Exercise of this remedy shall not
be a bar against, nor a prerequisite for, taking other action against
a violator.
(b) Nonemergency
suspension.
(1) The city may terminate the city-provided water supply, sanitary sewer
connection, and/or MS4 access any person discharging to the MS4 in
violation of this article, if such termination would abate or reduce
the illicit discharge.
(2) The director will notify a violator of the proposed termination of
its water supply, sanitary sewer connection, and/or MS4 access. The
violator may petition the director for a reconsideration and hearing
within ten (10) days of the notice of proposed termination.
(3) The city will not reinstate suspended services or MS4 access to the
discharger until:
(A) The violator presents proof, satisfactory to the director, that the
noncomplying discharge has been eliminated and its cause determined
and corrected; and
(B) The violator pays the city for all costs the city incurred in responding
to abating, and remediating the discharge or threatened discharge;
and
(C) The violator pays the city for all costs the city will incur in reinstating
service or MS4 access.
(4) The remedies provided by this section are in addition to any other
remedies set out in this chapter. Exercise of this remedy shall not
be a bar against, nor a prerequisite for, taking other action against
a violator.
(5) A person commits an offense if the person reinstates water service,
sanitary sewer service, and or MS4 access to premises terminated pursuant
to this section, without the prior approval of the director.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
This division applies to all facilities located within the city
that have stormwater discharges associated with industrial activity,
including construction activity.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
(a) The director is authorized by section
13-2-10 of this chapter to enter and inspect facilities subject to regulation under this article.
(b) Facility
operators shall allow the director ready access to all parts of the
premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES
or TPDES permit to discharge stormwater, and the performance of any
additional duties as defined by state and federal law.
(c) The
director shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the director to conduct
monitoring and/or sampling of the facility’s stormwater discharge.
(d) Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the director and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(e) Unreasonable
delays in allowing the director access to a permitted facility is
a violation of a stormwater discharge permit and of this article.
A person who is the operator of a facility with a NPDES or TPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the director reasonable access to
the permitted facility for the purpose of conducting any activity
authorized or required by this article.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
A person who is the operator of a facility commits an offense
if the person discharges, or causes to be discharged, stormwater associated
with industrial activity without first having obtained a NPDES or
TPDES permit to do so.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
(a) The
operator of a facility, including construction sites, required to
have a NPDES or TPDES permit to discharge stormwater associated with
industrial activity shall submit a copy of the notice of intent (NOI)
to the director at the same time the operator submits the original
notice of intent to the EPA or the TCEQ as applicable.
(b) The
copy of the notice of intent may be delivered to the director either
in person or by mailing it to:
City of Odessa
Development Department
P.O. Box 4398
Odessa, Texas 79760
|
(c) A
person commits an offense if the person operates a facility that is
discharging stormwater associated with industrial activity without
having submitted a copy of the notice of intent to do so to the director.
(Ordinance 2010-26, sec. 1, adopted 8/24/10; Ordinance
2024-23 adopted 5/14/2024)
(a) A
facility shall be operated in strict compliance with the requirements
of its NPDES or TPDES permit to discharge stormwater associated with
industrial activity.
(b) A
person commits an offense if the person operates a facility in violation
of a requirement of the facility’s NPDES or TPDES permit to
discharge stormwater associated with industrial activity.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)
(a) The
director may require any operator of a facility to modify the facility’s
stormwater pollution prevention plan if in the best professional judgment
of the director, the SWPPP does not comply with the requirements of
the facility’s NPDES or TPDES permit to discharge stormwater
associated with industrial activity.
(b) The
deficiencies in a facility’s SWPPP will be made in writing,
and the director will give the facility operator a reasonable amount
of time, not to exceed thirty (30) days, to make the necessary changes
in the SWPPP.
(Ordinance 2010-26, sec. 1, adopted 8/24/10)