This article shall be applicable to any and all dischargers
(as herein defined) within the city limits and extraterritorial jurisdiction
of the city.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
The following words and phrases, when used in this division,
shall, for the purpose of this division, have the meanings respectively
ascribed to them in this definitions section, except when the context
otherwise requires. Whenever any words and phrases used herein are
not defined herein but are defined in the federal and state laws regulating
illicit discharge, any such definition therein shall be deemed to
apply to such words and phrases used herein, except when the context
otherwise requires.
When the term “day” is used herein, unless specifically
defined otherwise, the term shall mean any day of the week, including
Saturdays, Sundays, and legal holidays, with no days being excepted.
Employees of any of the city’s public works departments,
authorized to act on the department’s behalf by the director
of public works.
The disturbance of soils associated with clearing, grading,
grubbing, demolition or excavating activities or other construction
activities.
Any of the following, by way of illustration and not limitation:
stream, channel, drainageway, drainage/dry well, ephemeral stream,
floodplain, karst feature, storm drainage system, drainage system
appurtenance, water body, watercourse or waterway.
The city employee fulfilling the duties of and holding the
title of director of public works, or similar subsequent title designation,
or his/her designee.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or conveyances.
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.
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency, or commission that
may succeed to the authority of the EPA, and any duly authorized official
of the EPA or such successor agency.
Any substance listed in the appendices to 40 CFR part 355,
Emergency Planning and Notification.
Any building, structure, installation, or activity from which
there is or may be a discharge of a pollutant.
The Williamson County Emergency Services District, and any
other fire departments with which the city has mutual assistance or
mutual aid agreements.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
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.
The amount of any substance due to volume or concentration
that will cause pollution.
Any material (including any substance, waste, or combination
thereof) which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed. This term shall include
household hazardous wastes as classified under 40 CFR part 261, hazardous
substances as listed in table 302.4 of 40 CFR part 302, and hazardous
wastes identified or listed by the EPA pursuant to 40 CFR part 261.
Any connection to the MS4 or conveyances that allows for
an illicit discharge.
Any direct or indirect discharge of pollutant to the MS4
or conveyances, except as specifically exempted in this article.
Any activity at an industrial facility described by the TPDES
Multi Sector General Permit, TXR050000, or by any other TCEQ or TPDES
permit, including any of the following, by way of illustration and
not of limitation: manufacturing, processing, materials storage, and
waste materials disposal.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade
or business.
Any vehicle crankcase oil, antifreeze, transmission fluid,
brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol
blend, and any other fluid used in a motor vehicle.
The storm drainage system operated and maintained by the
city which is comprised of the following: the system of conveyances
(including roads with drainage systems, municipal streets, catchbasins,
curbs, gutters, ditches, manmade channels, or storm drains) owned
and operated by the city and designed or used for collecting or conveying
stormwater, and which is not used for collecting or conveying sewage.
Any discharge to the storm drain system that is not composed
entirely of stormwater runoff.
The notice of intent that is required by either the industrial
general permit or the construction general permit.
Any kind of oil in any form, including but not limited to
petroleum, fuel oil, crude oil or any fraction thereof which is liquid
at standard conditions of temperature and pressure, sludge, oil refuse,
and oil mixed with waste. This term shall include used oil that has
become unsuitable for its original purpose because of impurities or
the loss of original properties but that may be suitable for further
use and is recyclable in compliance with state and federal law.
The person or persons who, either individually or taken together,
meet the following two criteria:
He/she/they have operational control over the facility specifications
(including the ability to make modifications in specifications); and
He/she/they have the day-to-day operational control over those
activities at the facility necessary to ensure compliance with pollution
prevention requirements and any permit conditions.
The person who owns a facility or part of a facility.
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, lessees, or assigns. This term shall also include all federal,
state, and local governmental entities.
Any one or a combination of above-ground or underground storage
tanks or connecting underground pipes that contain petroleum products
that are obtained from distilling and processing crude oil and that
are capable of being used as a fuel.
A substance, the entrance of which causes or contributes
to a violation of applicable water quality standards as defined by
the Clean Water Act. This term includes, but is not limited to, paints,
varnishes, solvents, oil and other automotive fluids, yard wastes,
trash, sediments, household chemicals, detergents, pesticides, herbicides,
fertilizers, hazardous materials, sewage, animal wastes, dredged spoil,
solid waste, incinerator residue, garbage, sewage sludge, munitions,
chemical waste, biological materials, radioactive materials, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water, and other materials
exposed to stormwater as a result of construction activity.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the state that renders
the water harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to the public health, safety, or welfare,
or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the municipal separate storm sewer system (MS4) or conveyances.
The system of pipes, conduits, and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to the city sewage treatment
plant (and to which stormwater, surface water, and groundwater are
not intentionally admitted).
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
Any garbage, trash, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including solid, liquid, semi-solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
The State of Texas.
Any surface flow, stormwater runoff, snow melt runoff, and
surface runoff and drainage consisting entirely of water from any
form of natural precipitation.
A plan required by either the construction general permit
or the industrial general permit and which describes and ensures the
implementation of practices that are to be used to reduce the pollutants
in stormwater discharges associated with construction or other industrial
activity at the facility.
The state commission on environmental quality, or any duly
authorized official of said agency.
The program delegated to the state by the EPA pursuant to
33 USC section 1342(b).
Nonputrescible solid waste, excluding ashes, that consists
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 objects, and similar materials that do
not burn at ordinary incinerator temperatures (1600 to 1800 degrees
Fahrenheit).
Not containing a harmful quantity of any substance.
Any water containing pollutants from the act of cleaning
parking lots, vehicles, or building exteriors.
Human excrement, gray water (from home clothes washing, bathing,
showering, dishwashing, and food preparation), other wastewater that
is free from industrial waste, including from household drains, and
waterborne waste normally discharged from the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings,
factories, and institutions.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 31 of the Texas Administrative Code.
An area that is inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
The standards set forth in this article are minimum standards;
therefore, no inference is intended that compliance with this article
will ensure that there will be no contamination, pollution, or unauthorized
discharge of pollutants. Additionally, no inference is intended that
compliance with this article will serve to extend any deadline established
by a state or federal standard or requirement, nor is any inference
intended that compliance with this article will relieve a discharger
of liability for any violation or continuing violation.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
Any person subject to an industrial or construction activity TPDES
stormwater discharge permit shall comply with all provisions of such
permit or any other state or federal regulations. Prior to the city
allowing discharges to the MS4 or conveyances, the city may require
proof of such compliance in a form acceptable to the city.
(b)Â
Every person owning property through which a conveyance passes shall
have the obligation to keep and maintain that part of the conveyance
within that property free of pollutants.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
General prohibition.
No person within the city limits
and extraterritorial jurisdiction of the city shall introduce, cause
to be introduced, discharge, or cause to be discharged into the municipal
separate storm sewer system (MS4) or any conveyances any discharge
that is not composed entirely of stormwater. Such prohibition includes
commencement of any illicit discharge into the MS4 or any conveyances,
and continuation of any illicit discharge into the MS4 or any conveyances.
(b)Â
Affirmative defenses.
It is an affirmative defense to any enforcement action for violation of subsection (a) of this section that the discharge was composed entirely of one or more of the following categories of discharges:
(1)Â
A discharge specified in writing by the city as being necessary to
protect public health and safety.
(2)Â
A discharge authorized by a TPDES permit, waiver, or waste discharge
order issued to the discharger and administered under authority of
the TCEQ or USEPA, provided that the discharger is in full compliance
with all requirements of the permit, waiver, order, and other applicable
laws and regulations.
(3)Â
A discharge resulting from firefighting/fire suppression activities.
(4)Â
A discharge of fire protection water from standard municipal operations
and training that does not contain oil or hazardous substances or
materials that are required to be contained and treated prior to discharge,
in which case treatment adequate to remove harmful quantities of pollutants
must have occurred prior to discharge.
(5)Â
A discharge resulting from the standard municipal operations of street
sweeping and street washing activities, which discharge is not contaminated
with any soap, detergent, degreaser, solvent, emulsifier, dispersant,
or any other harmful cleaning substance.
(6)Â
A discharge from water line flushing, but not including a discharge
from water line disinfection by superchlorination or other means unless
the total residual chlorine (TRC) has been reduced to less than 1
ppm (part per million) and it contains no harmful quantity of chlorine
or any other chemical used in line disinfection.
(7)Â
A discharge from a potable water source not containing any harmful
quantity of a substance or material from the cleaning or draining
of a storage tank or other container.
(8)Â
A discharge from lawn watering or landscape irrigation.
(9)Â
A discharge from individual residential car washing.
(10)Â
A discharge from air conditioning condensation that is unmixed with
water from a cooling tower, emissions scrubber, emissions filter,
or any other source of pollutant.
(11)Â
Swimming pool water that has been dechlorinated so that total residual
chlorine (TRC) is less than one (1) ppm (part per million) and that
contains no harmful quantity of chlorine, muriatic acid or other chemical
used in the treatment or disinfection of the swimming pool water or
in pool cleaning.
(12)Â
Stormwater runoff from a roof that is not contaminated by any runoff
or discharge from an emissions scrubber or filter or any other source
of pollutant.
(13)Â
A discharge or flow from a diverted stream flow or natural spring.
(14)Â
A discharge or flow from uncontaminated pumped groundwater, rising
groundwater, or groundwater infiltration to storm drains.
(15)Â
Uncontaminated groundwater infiltration, as defined by 40 CFR section
35.2005(20), to the MS4.
(16)Â
Uncontaminated discharge from a foundation or footing drain (excluding
active groundwater dewatering systems), crawl space pump, or sump
pump.
(c)Â
Discharge determined to be source of pollutant.
No affirmative
defense shall be available under this article if the discharge in
question has been previously determined by the city to be a source
of a pollutant to the MS4 or any conveyances, and written notice of
such determination has been provided to the discharger. The city’s
determination that a discharge is a source of a pollutant may be reviewed
in any administrative or judicial enforcement proceeding.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section 24.08.005(a).
(b)Â
No person shall introduce, cause to be introduced, discharge, or
cause to be discharged into the MS4 or conveyances any discharge that
causes or contributes to causing the city to violate a water quality
standard, the city’s TPDES permit, or any state-issued discharge
permit for discharges from its MS4.
(c)Â
No person shall dump, spill, leak, pump, pour, emit, empty, discharge,
leach, dispose, or otherwise introduce or cause, allow, or permit
to be introduced any of the following substances into the MS4 or conveyances:
(1)Â
Any motor oil, antifreeze, or any other motor vehicle fluid.
(2)Â
Any industrial waste.
(3)Â
Any hazardous material, including household hazardous waste, hazardous
substances, and hazardous waste.
(4)Â
Any wastewater or septic tank waste, grease trap waste, or grit trap
waste.
(5)Â
Any garbage, trash, or yard waste, specifically including but not
limited to pressure-treated wood, painted wood, painted wood pallets,
laminated wood, insulation, and particle board.
(6)Â
Any discharge from a carwash facility; from any vehicle washing,
cleaning, or maintenance at any new or used automobile or other vehicle
dealership, rental agency, body shop, repair shop, or maintenance
facility; or from any washing, cleaning, or maintenance of any vehicle,
including a truck, bus, or heavy equipment, by a business or public
entity that operates more than four (4) such vehicles.
(7)Â
Any discharge from a mobile power washer or from the washing or other
cleaning of a building exterior that contains any soap, detergent,
degreaser, solvent, or any other harmful cleaning substance.
(8)Â
Any discharge from commercial floor, rug, or carpet cleaning.
(9)Â
Any discharge from the washdown or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or
any discharge from the washdown or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful
quantities of such released material have been previously removed.
(10)Â
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, or emissions filter, or the blowdown from a boiler.
(11)Â
Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or hydromulch material, or material from the cleaning of vehicles
or equipment containing, or used in transporting or applying, such
materials.
(12)Â
Any runoff or washdown water 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.
(13)Â
Any swimming pool, fountain, or spa water, including backwash water,
containing total residual chlorine (TRC) of 1 ppm (part per million)
or more or containing any harmful quantity of chlorine, muriatic acid
or other chemical used in the treatment or disinfection of the swimming
pool water or in pool cleaning.
(14)Â
Any discharge from water line disinfection by superchlorination or
other means if the total residual chlorine (TRC) is at 1 ppm (part
per million) or more or if it contains any harmful quantity of chlorine
or any other chemical used in line disinfection.
(15)Â
Any fire protection water containing oil or hazardous materials that
are required to be contained and treated prior to discharge, unless
treatment adequate to remove pollutants occurs prior to discharge.
This prohibition does not apply to discharges or flow from firefighting/fire
suppression activities.
(16)Â
Any contaminated runoff from a vehicle salvage yard or storage yard.
(17)Â
Any substance or material that will damage the MS4.
(18)Â
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
from the remediation of any such PST release, unless the discharge
satisfies all of the following criteria:
(19)Â
Any harmful quantity of sediment, silt, earth, soil, or other material
which is associated with clearing, grading, excavation or other such
construction activities, or which is associated with landfilling or
other placement or disposal of soil, rock, or other earth materials.
(20)Â
Any pavement washwater from a service station unless such washwater
has passed through a properly functioning and maintained grease, oil,
and sand separator before discharge into the MS4 or conveyances.
(21)Â
Any introduction of oil into the environment, specifically including
but not limited to oil applied to a road or land for dust suppression,
weed abatement, or other similar use; or any introduction of oil commingled
or mixed with solid waste that is to be disposed of in a landfill;
or any introduction of oil by direct disposal on land or in a landfill;
or any introduction of oil into the MS4 or conveyances, or into any
septic tank.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
The construction of, use of, maintenance of, or continued use
of a new or existing illicit connection to the MS4 or any conveyances
is prohibited. This prohibition expressly includes any illicit connection
made before passage of the ordinance codified in this article, regardless
of whether such connection was permissible under law or practices
applicable or prevailing at the time of connection. A person is deemed
to be in violation of this article if the person connects a line conveying
wastewater or industrial waste to the MS4 or any conveyances, or allows
such a connection to continue.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
Right of entry; inspection and sampling; examination of records.
City staff shall have the right to enter any facility or site,
including industrial and construction facilities or sites, which are
discharging to the MS4 or any conveyances, to determine if the discharger
is complying with all requirements of this article. Dischargers shall
allow city staff immediate access to all parts of the premises for
the purposes of inspection, sampling, records examination, and copying,
and for the performance of any additional inspections or duties. Dischargers
shall make available to city staff, upon request, any SWPPPs (stormwater
pollution prevention plans), modifications thereto, self-inspection
reports, monitoring records, compliance evaluations, notices of intent,
and any other records, reports, and other documents related to compliance
with this article and with any state or federal discharge permit.
(1)Â
Where a discharger has security measures in force which require proper
identification and clearance before entry onto its premises, the discharger
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, city staff will be permitted
to enter without delay for the purposes of performing the city’s
responsibilities.
(2)Â
City staff shall have the right to set up on the discharger’s
property or require installation on the discharger’s property
of such devices as city staff deem necessary to conduct sampling and/or
metering of the discharger’s operations.
(3)Â
City staff may require any discharger to the MS4 or any conveyances
to conduct specified sampling, testing, analysis, and other monitoring
of its stormwater discharges at the discharger’s expense, and
may specify the frequency and parameters of any such required monitoring.
(4)Â
City staff may require the discharger to install monitoring equipment
as necessary at the discharger’s expense. The facility’s
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure accuracy.
(5)Â
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 discharger at the written or verbal request of city staff and
shall not be replaced. The costs of clearing such access shall be
borne by the discharger.
(6)Â
Unreasonable delays in allowing city staff access to the discharger’s
premises shall be deemed a violation of this article.
(b)Â
Search warrants.
If city staff has been refused access
to any part of the premises from which stormwater is discharged, and
the city is able to demonstrate probable cause to believe that there
may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the city designed to verify compliance with this article or any
order issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the city may seek issuance of a
search warrant from any court of competent jurisdiction.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
Notwithstanding other requirements of law, as soon as any discharger
or operator of a facility or operation, or person responsible for
emergency response for a facility or operation, has information of
any known or suspected release of materials which are resulting or
may result in an illicit discharge, such person shall take all necessary
steps to ensure the discovery, containment and cleanup of such discharge.
(1)Â
Hazardous materials spill.
In the event of discharge
of hazardous materials, the discharger shall immediately notify emergency
response agencies. Once the immediate threat has been properly contained,
the discharger shall notify the city via its director of public works.
(2)Â
Non-hazardous materials spill.
In the event of a release
of non-hazardous materials, the discharger shall notify the city,
via its director of public works, in person or by telephone, no later
than the next business day. Notifications in person or by telephone
shall be confirmed by written notice addressed and mailed to the director
within three (3) business days of the telephone notice.
(b)Â
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain on-site a written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for a minimum of three (3) years.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
Notice of violation.
When city staff believes that a
discharger has violated, or continues to violate, any provision of
this article, or any order issued hereunder, the director, or his/her
designee, may serve upon the alleged violator a written “notice
of violation.” Within ten (10) days of mailing of such “notice
of violation,” the alleged violator shall submit to the director
a written explanation of the violation and a written plan for the
satisfactory correction and prevention of recurrence thereof, including
specific required actions. If the alleged violator denies that any
violation occurred and/or contends that no corrective action is necessary,
a written explanation of the basis of any such denial or contention
shall be submitted by the alleged violator to the director within
seven (7) days of receipt of the “notice of violation.”
Submission of an explanation and/or plan shall in no way relieve the
alleged violator of liability for any violation occurring before or
after receipt of the “notice of violation.” Nothing herein
shall limit the authority of the city and the director to take any
action, including emergency action or any other enforcement action,
in the absence of issuance of a “notice of violation.”
(b)Â
Voluntary consent order.
The city, via its director
of public works, may enter into a “voluntary consent order,”
an assurance of voluntary compliance, or other similar agreement with
any violator noncompliant with any provision of this article or any
order issued hereunder. Such document may include specific action
to be taken by the violator to correct noncompliance within a time
period specified by the director. Such agreement shall have the same
force and effect as administrative orders issued pursuant to this
article, and same shall be judicially enforceable.
(c)Â
Mandatory compliance order.
(1)Â
When city staff finds that any discharger has violated, or continues
to violate, any provision of this article, or any order issued hereunder,
the director may issue a “mandatory compliance order”
to the violator ordering any one or more of the following:
(A)Â
Compliance within time limit:
Directing that the
violator come into compliance within a specified time limit. Such
an order also may contain other requirements to address noncompliance,
including additional self-monitoring and management practices designed
to minimize the amount of pollutants discharged to the MS4 or conveyances.
(B)Â
Remediation, abatement, and/or restoration:
Directing
that the violator (if the violation has adversely affected the MS4
or conveyances or any other aspect of the environment) undertake and
implement any appropriate action to remediate and/or abate any adverse
effects of the violation upon the MS4 or conveyances or any other
aspect of the environment, and/or to restore any part of the MS4 or
conveyances or any other aspect of the environment that has been harmed.
Such remedial, abatement, and restoration action may include but shall
not be limited to: monitoring, assessment, and evaluation of the adverse
effects and determination of the appropriate remedial, abatement,
and/or restoration action; confinement, removal, cleanup, treatment,
and disposal of any discharged or released pollutant or contamination;
prevention, minimization, and/or mitigation of any damage to the public
health, safety, welfare, or the environment that may result from the
violation; and restoration or replacement of city property or natural
resources damaged by the violation. Such an order 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. Any expenses related to the remediation, abatement,
and/or restoration incurred by the city shall be fully reimbursed
by the person deemed responsible by the director. If the amount due
is not paid within a timely manner, as determined by decision of the
city, then the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment.
(C)Â
Emergency cease and desist order:
Directing that
the violator immediately cease and desist from all violations (if
the violation(s) have caused or contributed to an actual or threatened
discharge to the MS4 or any conveyances which reasonably appears to
present an imminent or substantial endangerment to the health, safety,
or welfare of persons or to the environment; or if past violation(s)
are likely to recur). The “emergency cease and desist order”
may also direct the violator to:
(i)Â
Immediately comply with all requirements of this article; and
(ii)Â
Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge.
|
Any violator notified of an “emergency cease and desist
order” shall immediately comply and stop or eliminate the endangering
discharge. In the event of a violator’s failure to immediately
comply voluntarily with the “emergency cease and desist order,”
the city and city staff may take such steps as it/they deem necessary
to prevent or minimize harm to the MS4 or conveyances, and/or endangerment
to persons or to the environment. Any expenses related to the remediation,
abatement, and/or restoration incurred by the city shall be fully
reimbursed by the person deemed by the director to be responsible.
If the amount due is not paid within a timely manner, as determined
by decision of the city, then the charges shall become a special assessment
against the property and shall constitute a lien on the property for
the amount of the assessment. The city may allow the violator to recommence
its discharge when it has demonstrated to the satisfaction of city
staff that the period of endangerment has passed, unless further termination
proceedings are initiated against the violator under this article.
A violator that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit the following to the
director within five (5) days of receipt of the “emergency cease
and desist order”: a detailed written statement, describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence. 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.
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(D)Â
Construction stop work order regarding illicit discharge:
Whenever city staff finds that any operator of a construction
site has violated, or continues to violate, any provision of this
article, or any order issued hereunder, the director may order that
a “construction stop work order regarding illicit discharge”
be issued to the operator or person responsible, posted at the construction
site, and distributed to all city departments and divisions whose
decisions affect any activity at such site. Unless express written
exception is made by the city, the “construction stop work order
regarding illicit discharge” shall prohibit any further construction
activity at the site and shall bar any further inspection or approval
by the city associated with a building permit, grading permit, or
any other city authorization necessary to commence or continue construction
or to assume occupancy at the site. Issuance of a “construction
stop work order regarding illicit discharge” shall not be a
bar against, or a prerequisite for, taking any other action against
the violator.
(2)Â
A “mandatory compliance order” may not extend the deadline
for compliance established by a state or federal standard or requirement,
nor shall a “mandatory compliance order” relieve the violator
of liability for any violation, including any continuing violation.
(3)Â
Issuance of a “mandatory compliance order” shall not
be a bar against, or a prerequisite for, taking any other action against
the violator or any responsible party.
(d)Â
Disconnection from MS4.
(1)Â
Any discharger in violation of this article may have his/her/its
MS4 connection terminated by city staff, if such disconnection would
abate or reduce an illicit discharge. The city has the right to require
the violator to disconnect from the MS4 at the violator’s expense,
or require the discharger to take corrective action to eliminate the
source of the illicit discharge. A discharger commits an offense if
he/she/it reinstates an MS4 connection previously terminated pursuant
to this article, without the prior written approval of the city.
(2)Â
Without any prior notice, city staff may terminate a discharger’s
MS4 connection when such action is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4 or any conveyances. If the discharger fails to comply
with any order issued in such an emergency, the city may take such
steps as it deems necessary to prevent or minimize damage to the MS4
or any conveyances, and to minimize danger to persons.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
Any discharger subject to an order under section 24.08.010 of this article may petition the city’s director of public works to reconsider the basis for the order within seven (7) days of the affected person’s notice of issuance of such an order.
(b)Â
After the director has reviewed relevant documents and evidence,
he/she shall (i) grant the petition, or (ii) deny the petition, or
(iii) grant the petition in part and deny it in part. The director
may modify the order as is appropriate based upon all the documents
and evidence. Further orders and directives as are necessary and appropriate
may be issued. The decision of the director shall be final and shall
be non-appealable.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
It shall be unlawful for any person to violate any provision
of this article, or to fail to comply with any of the requirements
of this article. If a discharger has violated or continues to violate
the provisions of this article, the city may avail itself of any and
all civil remedies available to it, including petitioning the courts
for a preliminary or permanent injunction restraining the discharger
from activities which would create further violations or compelling
the discharger to perform abatement or remediation of the violation.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
Any condition caused or permitted to exist in violation of any
of the provisions of this article is a threat to public health, safety,
and welfare, and is therefore declared and deemed a public nuisance,
and may be summarily abated or restored at the violator’s expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken by the city.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
(a)Â
A discharger that violates any provision of this article, or any
order issued hereunder, commits an offense punishable by a fine not
to exceed $500.00 per violation, per day, or any greater fine authorized
by state statute. Proof of a culpable mental state is not required
for conviction of an offense under this subsection.
(b)Â
A discharger that violates any provision of this article, or any
order issued hereunder, intentionally, knowingly, recklessly, or with
criminal negligence commits an offense punishable by a fine not to
exceed $2,000.00 per violation, per day, or any greater fine authorized
by state statute.
(c)Â
Any discharger 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 be guilty of a misdemeanor and,
upon conviction, be subject to a fine of not more than $2000.00 per
violation, per day, or any greater fine authorized by state statute.
(d)Â
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.
(e)Â
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 city ordinances. The city may take any, all, or any combination
of these actions against a violator. The city is empowered to take
more than one enforcement action against any violator, and these actions
may be taken concurrently.
(Ordinance O-13-10-03-11B1 adopted 10/3/13)
