(Ord. No. B-652, § 2(5-200), 8-10-2000)
The purposes and objectives of this article are as follows:
(1)
To
maintain and improve the quality of surface water and groundwater
within the city, the North Central Texas Region, and the state.
(2)
To
prevent the discharge of contaminated stormwater runoff from industrial,
commercial, residential, and construction sites into the municipal
separate storm sewer system (MS4) and natural waters within the city.
(3)
To
promote public awareness of the hazards involved in the improper discharge
of hazardous substances, petroleum products, household hazardous waste,
industrial waste, sediment from construction sites, pesticides, herbicides,
fertilizers, and other contaminants into the storm sewers and natural
waters of the city.
(4)
To
encourage recycling of used motor oil and safe disposal of other hazardous
consumer products.
(5)
To
facilitate compliance with state and federal water quality standards,
limitations, and permits by owners and operators of industrial and
construction sites within the city.
(6)
To
enable the city to comply with all federal and state laws and regulations
applicable to stormwater discharges.
(Ord. No. B-652, § 2(5-201), 8-10-2000)
Except for public works construction projects, as provided herein,
the city engineer shall implement and enforce the provisions of this
article. For public works construction projects that are administered,
performed, contracted, or funded (in whole or in part) by the city,
the director of the city department that is administering, performing,
or contracting for the construction project shall implement and enforce
the provisions of this article. Any powers granted to or duties imposed
in this article upon the city engineer or the director of another
city department may be delegated by him to other city personnel.
(Ord. No. B-652, § 2(5-202), 8-10-2000)
The following abbreviations when used in this article shall
have the designated meanings:
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BMP
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Best Management Practices
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BODS
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Five-day biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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U.S. Environmental Protection Agency
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HHW
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Household hazardous waste
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mg/L
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Milligrams per liter
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MS4
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Municipal separate storm sewer system
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NOI
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Notice of intent
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NOT
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Notice of termination
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NPDES
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National Pollutant Discharge Elimination System
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Ph
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Measure of acidity or alkalinity
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POTW
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Publicly owned treatment works
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PST
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Petroleum storage tank
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PE
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Licensed professional engineer
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SWPPP
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Stormwater pollution prevention plan
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TSS
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Total suspended solids
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USC
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United States Code
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(Ord. No. B-652, § 2(5-203), 8-10-2000)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any stormwater runoff from orchards, cultivated crops, pastures,
range lands, and other nonpoint source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 CFR 122.23 or discharges from concentrated aquatic animal production
facilities as defined in 40 CFR 122.24.
A major subdivision of this Code.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of 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.
The City of Burleson, Texas, or the city council of Burleson.
The initial disturbance of soils associated with clearing,
grading, excavation, landfilling, and other construction activities.
Pertaining to any business, trade, industry, or other activity
engaged in for profit.
A contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
Any human activity that involves clearing, grading, excavation,
landfilling, or other placement, movement, removal, or disposal of
soil, rock, or other earth materials.
Containing a harmful quantity of any substance.
The city engineer, or duly authorized representative, except
in the case of public works construction projects that are administered,
performed, contracted, or funded (in whole or in part) by the city.
In the case of such city public works projects, the term "director"
shall mean the director of the city department that is administering,
performing, or contracting for the construction project, or duly authorized
representative.
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.
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.
Human excrement, gray water (from home clothes washing, bathing,
showers, dishwashing, and food preparation), other wastewater from
household drains, and waterborne waste normally discharged from the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, factories, and institutions, that is free
from industrial waste.
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 EPA or such successor agency.
Any building, structure, installation, process, or activity
from which there is or may be a discharge of a pollutant.
A solid or non-solid substance or compound that contains
an essential plant nutrient element in a form available to plants
and is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality
of a crop, or a mixture of two or more fertilizers. The term does
not include the excreta of an animal, plant remains, or a mixture
of those substances, for which no claim of essential plant nutrients
is made.
The status when all soil disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of 70 percent of the cover for unpaved areas and areas not
covered by permanent structures has been established, or equivalent
permanent stabilization measures (such as the use of riprap, gabions,
or geotextiles) have been employed.
The fire department of the city, or any duly authorized representative
thereof.
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 that will cause pollution of
water in the state.
Any substance listed in Table 302.4 of 40 CFR 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR 261.
All contiguous land, structures, other appurtenances and
improvements on the land used for the treatment, disposal, or recovery
of hazardous waste.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Any material generated in a household (including single and
multiple residences, hotels and motels, bunk houses, ranger stations,
crew quarters, camp grounds, picnic grounds, and day use recreational
areas) by a consumer which, except for the exclusion provided in 40
CFR 261.4(b)(1), would be classified as a hazardous waste under 40
CFR 261.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade,
or business.
The deposition of soil and other inert materials on the land
to raise its grade and/or smooth its features.
A person who has been duly licensed and registered by the
state board of registration for professional engineers to engage in
the practice of engineering in the state.
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.
An area of land or an excavation in which municipal solid
waste is placed for permanent disposal, and which is not a land treatment
facility, a surface impoundment, an injection well, or a pile (as
these terms are defined in regulations promulgated by the Texas Commission
on Environmental Quality).
The system of conveyances (including 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 collecting or conveying sewage.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, and includes
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, and other solid waste other than industrial waste.
The baseline industrial general permit issued by the EPA
on August 27, 1992, and published in Volume 57 of the Federal Register
at page 41304 on September 9, 1992, and any subsequent modifications
or amendments thereto.
The construction general permit issued by the EPA on August
27, 1992, and published in Volume 57 of the Federal Register at page
41217 on September 9, 1992, and any subsequent modifications or amendments
thereto.
A permit issued by the 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.
The multi-sector general permit for stormwater discharges
associated with specified industrial activities published by the EPA
in Volume 60 of the Federal Register at page 51109 on September 29,
1995, and any subsequent modifications or amendments thereto.
Any source of any discharge of a pollutant that is not a
"point source."
The notice of intent that is required by either the baseline
industrial general permit, the construction general permit or the
multi-sector general permit.
The notice of termination that is required by either the
baseline industrial general permit, the construction general permit
or the multi-sector 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, or sludge, oil
refuse, and oil mixed with waste.
The person or persons who, either individually or taken together,
meet either of the following two criteria:
They have operational control over the facility specifications
(including the ability to make modifications in specifications); or
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, or assigns. This definition includes all federal, state, and
local governmental entities.
A substance or mixture of substances intended to prevent,
destroy, repeal, or mitigate any pest, or any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant (as these terms are defined in V.T.C.A., Agriculture Code
§ 76.001).
A product that is obtained from distilling and processing
crude oil and that is capable of being used as a fuel for the propulsion
of a motor vehicle or aircraft, including motor gasoline, gasohol,
other alcohol blended fuels, aviation gasoline, kerosene, distillate
fuel oil, and #1 and #2 diesel.
Any one or combination of aboveground or underground storage
tanks that contain petroleum products and any connecting underground
pipes.
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.
Dredged spoil, solid waste, incinerator residue, sewage,
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. The term "pollutant" does not include tail water or runoff
water from irrigation or rainwater runoff from cultivated or uncultivated
range land, pasture land, and farm land.
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 construction performed or funded in whole or part, separately
or collectively, by the federal, state, county, or local government,
including the city.
Persons who possess the appropriate competence, skills, and
ability (as demonstrated by sufficient education, training, experience,
and/or, when applicable, any required certification or licensing)
to perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally accepted
industry standards for such activity.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing,
directly or indirectly, into the municipal separate storm sewer system
(MS4) or the waters of the United States.
Nonputrescible solid wastes that consist of combustible waste
materials, including paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials, and
noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not
burn at ordinary incinerator temperatures (1,600 to 1,800 degrees
Fahrenheit)
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 sewage treatment
plant utilized by the city (and to which stormwater, surface water,
and groundwater are not intentionally admitted).
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
The domestic sewage and/or industrial waste that is discharged
into the city sanitary sewer system and passes through the sanitary
sewer system to the sewage treatment plant utilized by the city for
treatment.
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, rubbish, 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.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
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
which is within one of the categories of facilities listed in 40 CFR
122, and which is not excluded from the EPA's definition of the same
term.
A plan required by either the construction general permit,
the baseline industrial general permit, or the multi-sector 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.
Not containing a harmful quantity of any substance.
Any oil that has been refined from crude oil or a synthetic
oil that, as a result of use, storage, or handling, 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.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Any groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico, inside the territorial
limits of the state, 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 inside the jurisdiction of the state.
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.
All waters which are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide; 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.
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.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ord. No. B-652, § 2(5-204), 8-10-2000)
(a)
Non-stormwater
discharges.
No person shall introduce or cause to be
introduced into the municipal separate storm sewer system (MS4) any
discharge that is not composed entirely of stormwater.
(b)
Affirmative defense for violation of subsection (a).
It is an affirmative defense to any enforcement action for violation of subsection A of this section, upon presentation of evidence by the discharger, that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
A discharge authorized by, and in full compliance with, an NPDES
permit (other than the NPDES permit for discharges from the MS4);
(2)
A discharge or flow resulting from firefighting by the fire department;
(3)
A discharge or flow of fire protection water that does not contain
oil or hazardous substances or materials that the fire code in this
Code of Ordinances requires 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;
(4)
Agricultural stormwater runoff;
(5)
A discharge or flow from water line flushing, but not including a
discharge from water line disinfection by super chlorination or other
means unless it contains no harmful quantity of chlorine or any other
chemical used in line disinfection;
(6)
A discharge or flow from lawn watering, landscape irrigation, or
other irrigation water;
(7)
A discharge or flow from a diverted stream flow or natural spring;
(8)
A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
(9)
Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20))
to the MS4;
(10)
Uncontaminated discharge or flow from a foundation drain, crawl space
pump, or footing drain;
(11)
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;
(12)
A discharge or flow from individual residential car washing (external
surfaces only);
(13)
A discharge or flow from a riparian habitat or wetland;
(14)
A discharge or flow from water used in street washing that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or any other harmful cleaning substance, and the temperature
of which has not been elevated by induced heating;
(c)
Determination
of pollutant.
No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than 15 calendar days beyond such notice. The correctness of the director's determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.
(d)
Burden
of proof.
The burden of proof that a discharge was composed entirely of one or more of the categories in subsection (b) of this section and that it was not a source of a pollutant or pollutants to the waters of the United States or to the MS4 is upon the person or entity responsible for the discharge.
(Ord. No. B-652, § 2(5-205), 8-10-2000)
(a)
Non-inclusive
enumeration.
The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section 82-165.
(b)
Violation
of water quality standard and NPDES and state permits.
No person shall introduce or cause to be introduced into the MS4
any discharge that causes or contributes to causing the city to violate
a water quality standard, the city's NPDES permit, or any state-issued
discharge permit for discharges from its MS4.
(c)
Enumeration
of prohibited substances.
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:
(1)
Any used motor oil, antifreeze, or any other motor vehicle fluid;
(2)
Any industrial waste;
(3)
Any hazardous waste, including household hazardous waste;
(4)
Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste;
(5)
Any garbage, rubbish, yard waste, or other floatable material;
(6)
Any wastewater from a commercial 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 business or commercial or public service vehicle, including
a truck, bus, or heavy equipment;
(7)
Any wastewater from the washing, cleaning, deicing, or other maintenance
of aircraft;
(8)
Any wastewater from a commercial 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, or that is at a temperature that has been elevated by induced
heating;
(9)
Any wastewater from commercial floor, rug, or carpet cleaning;
(10)
Any wastewater from the wash down or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance, or
that is at a temperature that has been elevated by induced heating;
or any wastewater from the wash down 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;
(11)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler;
(12)
Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or hydromulch material, or any wastewater or substance from the cleaning
of any vehicle or equipment containing, or used in transporting or
applying, such material;
(13)
Any runoff or wash down water from any animal pen, kennel, or foul
or livestock containment area;
(14)
Any filter backwash from a swimming pool;
(15)
Any discharge from water line disinfection by super chlorination
or other means if it contains any harmful quantity of chlorine or
any other chemical used in line disinfection;
(16)
Any fire protection water containing oil or hazardous substances
or materials that the fire code in this Code of Ordinances requires
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 by the fire department;
(17)
Any wastewater from a water curtain in a spray room used for painting
vehicles or equipment;
(18)
Any contaminated runoff from a vehicle salvage yard or any other
facility classified as Standard Industrial Classification 5015 or
5093;
(19)
Any substance or material that will damage, block, or clog the MS4;
(20)
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such PST release.
(d)
Earth
materials.
No person shall introduce or cause to be introduced
into the MS4 any harmful quantity of sediment, silt, earth, soil,
or other material associated with clearing, grading, excavation, landfilling,
or other construction activities (including any placement, movement,
removal, or disposal of soil, rock, or other earth materials) in excess
of what could be retained on site or captured by employing sediment
and erosion control measures to the maximum extent practicable.
(e)
Connection
of interior floor drain or other source of wastewater.
No person shall connect an interior floor drain or any other source
of wastewater, domestic or industrial, to the MS4, or allow such a
connection to continue.
(f)
Regulation
of pesticides, herbicides, and fertilizers.
(1)
No person shall use or cause to be used any pesticide or herbicide
contrary to any directions for use on any labeling required by state
or federal statute or regulation.
(2)
No person shall use or cause to be used any pesticide, herbicide,
or fertilizer in any manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(3)
No person shall dispose of, discard, store, or transport a pesticide,
herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer
container, in a manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(4)
If provided with a display notice containing the provisions of this
subsection, pertaining to the regulation of pesticides, herbicides,
and fertilizers (or a reasonable description thereof and the information
that any user of the product may obtain further information from the
director, any person selling pesticides, herbicides, or fertilizers
at retail or wholesale shall post the notice prominently where it
may be read by purchasers of the product.
(g)
Used
oil regulation.
(1)
No person shall:
a.
Discharge used oil into the MS4 or a sewer, drainage system, septic
tank, surface water, groundwater, or water course;
b.
Knowingly mix or commingle used oil with solid waste that is to be
disposed of in a landfill or knowingly directly dispose of used oil
on land or in a landfill;
c.
Apply used oil to a road or land for dust suppression, weed abatement,
or other similar use that introduces used oil into the environment.
(2)
All businesses that change motor oil for the public, municipal waste
landfills, and fire stations are encouraged to serve as public used
oil collection centers as provided by state statute in V.T.C.A., Health
and Safety Code § 371.024.
(3)
A retail dealer who annually sells directly to the public more than
500 gallons of oil in containers for use off-premises shall post in
a prominent place a sign provided by the city or by the state informing
the public that improper disposal of used oil is prohibited by law.
The sign shall prominently display the toll-free telephone number
of the state used oil information center. If a sign is provided by
the city, it shall also prominently display the city telephone number
where information concerning the proper disposal of used oil may be
obtained.
(h)
Prohibited
discharge of stormwater.
No person shall introduce or
cause to be introduced into the sanitary sewer system any discharge
of stormwater, polluted or unpolluted, or any discharge that causes
or contributes to causing the city to violate a water quality standard,
its agreements associated with the regional sewage treatment plants
or any state issued permit.
(Ord. No. B-652, § 2(5-206), 8-10-2000)
The goal for erosion and sediment control at sites over one
acre disturbed by construction is achievement of at least the minimum
site rating of 0.70 using the site rating system as presented in section
3 of the "Stormwater Quality Best Management Practices for Construction
Activities - North Central Texas, Second Edition," North Central Texas
Council of Governments, Arlington, Texas, June, 1999.
(Ord. No. B-652, § 2(5-207), 8-10-2000)
(a)
Best
management practices enumerated.
All operators of construction
sites shall use best management practices to control and reduce the
discharge to the MS4 and to waters of the United States of sediment,
silt, earth, soil, and other material associated with clearing, grading,
excavation, landfilling, and other construction activities to the
maximum extent practicable. Any best management practices capable
of installation and/or implementation prior to commencement of construction
(for example, structural measures) shall be installed and/or implemented
prior to commencement of construction at the site or in compliance
with a schedule for installation and/or implementation in an applicable
SWPPP. The best management practices used at construction sites may
include, but not be limited to, the following measures:
(1)
Ensuring that existing vegetation is preserved where feasible and
that disturbed portions of the site are stabilized as soon as practicable
in portions of the site where construction activities have temporarily
or permanently ceased.
(2)
Use of structural practices to divert flows from exposed soils, store
flows, or otherwise limit runoff and the discharge of pollutants from
the site to the extent feasible;
(3)
Minimization of the tracking of sediments off-site by vehicles, the
generation of dust, and the escape of other windblown waste from the
site;
(4)
Prevention of the discharge of building materials, including cement,
lime, concrete, asphalt and mortar, to the MS4 or waters of the United
States;
(5)
Measures to prevent and contain spills of paints, solvents, fuels,
septic waste, and other hazardous chemicals and pollutants associated
with construction, and to assure proper cleanup and disposal of any
such spills in compliance with state, federal, and local requirements;
(6)
Implementation of proper waste disposal and waste management techniques,
including covering waste materials, minimizing ground contact with
hazardous chemicals and trash, and installing and maintaining covered
receptacles for rubbish and garbage to assure that such waste materials
are not blown or carried by rainfall runoff from the site;
(7)
Timely maintenance of vegetation, erosion and sediment control measures,
and other best management practices to maintain them in good and effective
operating condition; and
(8)
Installation of structural measures during the construction process
to control pollutants in stormwater discharges that will occur after
construction operations have been completed. Structural measures should
be placed on upland soils to the degree attainable. Such installed
structural measures may include, but not be limited to, the following:
stormwater detention structures (including wet ponds); stormwater
retention structures; flow attenuation by use of open vegetative swales
and natural depressions; other velocity dissipation devices; infiltration
of runoff on site; and sequential systems which combine several practices.
operators of construction sites are only responsible for the installation
and maintenance of stormwater management measures prior to final stabilization
of the site, and are not responsible for maintenance after stormwater
discharges associated with construction activity have terminated.
(b)
Inspection.
Qualified personnel (provided by the operator of the construction
site) shall inspect disturbed areas of any construction site that
have not been finally stabilized, areas used for storage of materials
that are exposed to precipitation, structural control measures, and
locations where vehicles enter or exit the site, at least once every
seven calendar days and within 24 hours of the end of a storm that
is 0.5 inches or greater. All erosion and sediment control measures
and other identified best management practices shall be observed in
order to ensure that they are operating correctly and are effective
in preventing significant impacts to receiving waters and the MS4.
Based on the results of the inspection, best management practices
shall be modified as appropriate, and as soon as is practicable.
(c)
Responsibility
for compliance with section provisions.
Any owner of
a site of construction activity, whether or not he is an operator,
is jointly and individually responsible for compliance with the requirements
in this section. Any contractor or subcontractor on a site of construction
activity, who is not an owner or operator, but who is responsible
under his contract or subcontract, for implementing a best management
practices control measure, is jointly and individually responsible
for any willful or negligent failure on his part to adequately implement
that control measure.
(Ord. No. B-652, § 2(5-208), 8-10-2000)
(a)
Preparation
and submission of documents.
Unless within one or more of the exceptions specified in subsection (f) of this section, all operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, shall prepare and submit the following documents to the director at least 15 calendar days prior to the commencement of construction activities (unless, pursuant to subsection (b) of this section, the director expressly allows construction to be commenced within a shorter period of time following the document submittal).
(1)
An identifying notice containing the following information:
a.
The name, address, and telephone number of each operator of the construction
activity;
b.
The name, address, and telephone number of each owner of the construction
site;
c.
The location of the construction site, by street address and legal
description; and
d.
A description of the nature of the construction project.
(2)
Plans and specifications illustrating and describing the best management practices required by subsection (a) of this section, that will be implemented at the construction site. Such plans and specifications shall be prepared, signed, and sealed by a licensed professional engineer, except in instances of land clearing or landfilling disturbing less than 12,000 square feet of land without any existing plans or present intention of erecting a building or other structure on the site.
(b)
Required
determinations by director to allow construction.
The
director may allow construction to be commenced within fewer than
15 calendar days following submittal of the documents required by
section 5-208 (A) above if he expressly determines that:
(1)
The required identifying notice and management plans and specifications
are complete and satisfactory;
(2)
The director has been afforded adequate time and opportunity to review
the management plans and specifications; and
(3)
The management practices described in the plans and observed upon
any site inspection conducted are adequate to control and reduce the
discharge of sediment, silt, earth, soil, and other materials associated
with construction activities to the maximum extent practicable.
(c)
Issuance
of orders.
If, upon the director's review of the management plans and specifications required by subsection (a) of this section (or any modified plans required by subsection (e) of this section) and any site inspection that the director may conduct, the director determines that the management practices described in the plans or observed upon the site inspection are not adequate to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with construction activities to the maximum extent practicable, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Any order issued by the director under the authority of this subsection may be in the form of a compliance order under section 82-178, an emergency cease and desist order under section 82-180, or a stop work order under section 82-181.
(d)
Denial
of approval; grounds.
The city may deny approval of any
building permit, grading permit, or any other city approval necessary
to commence or continue construction, or to assume occupancy, on the
grounds that the management practices described in the plans or observed
upon a site inspection by the director are determined not to control
and reduce the discharge of sediment, silt, earth, soil, and other
materials associated with construction activities to the maximum extent
practicable.
(e)
Modifications;
submission.
Whenever the management practices at a construction
site are modified (as a result of change in the construction project,
in order to implement more effective management practices, in response
to an order or request from the city, or for any other reason), a
written description of such modifications of the management practices
shall be submitted to the director as soon as possible, but in no
case later than seven calendar days following the change in the management
practices.
(f)
Non-applicability
of section provisions.
The requirements of this section
shall not apply to any of the following activities:
(1)
Any construction activity that results in the disturbance of five or more acres of total land area, or that is part of a common plan of development or sale within which five or more acres of total land area are disturbed, and any other construction activity for which an NPDES permit is required for stormwater discharges associated with that construction activity. (In such circumstances, the requirements of section 82-170 apply in lieu of this section.)
(2)
Any public works construction project that is administered, performed,
contracted, or funded (in whole or in part) by the city.
(3)
Any construction activity, not a part of a larger plan of development
of five acres or more, related to the construction, alteration, or
addition to a single-family, duplex or four-plex residential structure,
or an accessory use to any such structure, where one primary structure
is constructed per legal block and the construction activity does
not result in the disturbance of more than 12,000 square feet of total
land area.
(4)
Any construction incident to repair or maintenance of a utility line
(such as for telecommunications, electricity, water, sewer, and natural
gas). (Construction incident to the laying of new utility lines or
replacement of existing lines is not exempted from this section by
this subsection.)
(5)
Interior alteration of an existing building when the alteration does
not increase the square footage, area, or height of the building.
(6)
Construction of a fence, but no exemption is granted by this subsection
for construction of a retaining wall or a fence that may significantly
obstruct or change the direction of flow of water.
(7)
Any construction activity that the director expressly finds not to
cause, or threaten to cause, any discharge of any harmful quantity
of any material associated with construction activity into the MS4
or any other water in the state.
(Ord. No. B-652, § 2(5-209), 8-10-2000)
All operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements (in addition to those in section 82-168):
(1)
Any
operator who intends to obtain coverage for stormwater discharges
from a construction site under the NPDES general permit for stormwater
discharges from construction sites (the construction general permit)
shall submit a signed copy of its notice of intent (NOI) to the city
engineer, and to any other responsible city departmental director,
at least 15 calendar days prior to the commencement of construction
activities. If the construction activity is already underway upon
the effective date of this article, the NOI shall be submitted within
30 calendar days after the effective date of this article. For stormwater
discharges from construction sites where the operator changes, an
NOI shall be submitted at least two calendar days prior to when the
new operator commences work at the site.
(2)
A stormwater
pollution prevention plan (SWPPP) shall be prepared and implemented
prior to the beginning of construction activities in accordance with
the requirements of the construction general permit or any individual
NPDES permit issued for stormwater discharges from the construction
site, and with any additional requirement imposed by or under this
article and any other city ordinance.
(3)
The
SWPPP shall be prepared, signed, and sealed by a licensed professional
engineer. The signature and seal of the licensed professional engineer
shall constitute his attestation that the SWPPP fully complies with
the requirements of the construction general permit, or with any applicable
individual NPDES permit issued for stormwater discharges from the
construction site, and with any additional requirement imposed by
or under this article. The SWPPP shall contain the name, title, and
business address of the licensed professional engineer signing it,
and the date that he did so.
(4)
The
SWPPP shall be updated and modified as appropriate and as required
by the construction general permit and this article. Any update or
modification to the SWPPP shall be prepared, signed, and sealed by
a licensed professional engineer.
(5)
The
SWPPP shall be prepared and submitted to the director at least 15
calendar days prior to the commencement of construction activities.
If the construction activity is already underway upon the effective
date of this article, the SWPPP shall be submitted within 30 calendar
days after the effective date of this article.
(6)
A copy of any SWPPP that is required by subsection (2) of this section shall be submitted to the city in conjunction with any application for a building permit, grading permit, site development plan approval, and any other city approval necessary to commence or continue construction at the site.
(7)
If, upon the director's review of the SWPPP (or any modification to the SWPPP) and any site inspection that the director may conduct, the director determines that the SWPPP does not comply with the requirements of the construction general permit, any individual NPDES permit issued for stormwater discharge from the construction site, or any additional requirement imposed by or under this article, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Also, if at any time the director determines that the SWPPP is not being fully implemented, the director may similarly issue an order prohibiting the continuation of any construction activity at the site. Any order issued by the director under the authority of this subsection may be in the form of a compliance order under section 82-178, an emergency cease and desist order under section 82-180,or a stop work order under section 82-181.
(8)
Upon
review of the SWPPP and any site inspection that is conducted, the
city may deny approval of any building permit, grading permit, or
any other city approval necessary to commence or continue construction,
or to assume occupancy, on the grounds that the SWPPP does not comply
with the requirements of the construction general permit, any individual
or group NPDES permit issued for stormwater discharge from the construction
site, or any additional requirement imposed by or under this article.
Also, if at any time the city determines that the SWPPP is not being
fully implemented, the city may similarly deny approval of any building
permit, grading permit, or any other city approval necessary to commence
or continue construction, or to assume occupancy, at the site.
(9)
All
contractors and subcontractors identified in an SWPPP shall sign a
copy of the following certification statement before conducting any
professional service identified in the SWPPP:
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I certify under penalty of law that I understand the terms and
conditions of the National Pollutant Discharge Elimination System
(NPDES) permit that authorizes the stormwater discharges associated
with industrial activity from the construction site identified as
part of this certification.
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The certification must include the name and title of
the person providing the signature; the name, address, and telephone
number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
(10)
The SWPPP, with the licensed professional engineer's signature, seal, and date affixed, and the certifications of contractors and subcontractors required by subsection (9) of this section, and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization.
(11)
The
operator shall make a copy of the SWPPP and any modification thereto
available to the director and any other authorized city inspector
at the construction site upon request (as well as to EPA and state
inspectors).
(12)
The
director may notify the operator at any time that the SWPPP does not
meet the requirements of the construction general permit, any applicable
individual NPDES permit issued for stormwater discharges from the
construction site, or any additional requirement imposed by or under
this article. Such notification shall identify those provisions of
the permit or ordinance which are not being met by the SWPPP, and
identify which provisions of the SWPPP require modifications in order
to meet such requirements. Within seven calendar days of such notification
from the director (or as otherwise provided by the director), the
operator shall make the required changes to the SWPPP and shall submit
to the director a written certification that the requested modifications
have been made.
(13)
The
operator shall modify the SWPPP whenever there is a change in design,
construction, operation, or maintenance, which has a significant effect
on the potential for the discharge of pollutants to the MS4 or to
the waters of the United States, and which has not otherwise been
addressed in the SWPPP, or if the SWPPP proves to be ineffective in
eliminating or significantly minimizing pollutants, or in otherwise
achieving the general objective of controlling pollutants in stormwater
discharges associated with construction activity. In addition, the
SWPPP shall be modified to identify any new contractor and/or subcontractor
that will implement a measure in the SWPPP. All modifications to the
SWPPP shall be submitted to the director within seven calendar days
of a change, determination of ineffectiveness (self or city inspection),
or effective date of changes in contractor and/or subcontractor.
(14)
Qualified
personnel (provided by the operator of the construction site) shall
inspect disturbed areas of the construction site that have not been
finally stabilized, areas used for storage of materials that are exposed
to precipitation, structural control measures, and locations where
vehicles enter or exit the site, at least once every seven calendar
days and within 24 hours of the end of the storm that is 0.5 inches
or greater. Disturbed areas and areas used for storage of materials
that are exposed to precipitation shall be inspected for evidence
of, or the potential for, pollutants entering the drainage system.
Erosion and sediment control measures identified in the SWPPP shall
be observed to ensure that they are operating correctly. Where discharge
locations or points are accessible, they shall be inspected to ascertain
whether erosion control measures are effective in preventing significant
impacts to receiving waters or the MS4. Locations where vehicles enter
or exit the site shall be inspected for evidence of off-site sediment
tracking.
(15)
Based on the results of the inspections required by subsection (14) of this section, the site description and/or the pollution prevention measures identified in the SWPPP shall be modified as appropriate, but in no case later than seven calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection. All modifications to the SWPPP shall be submitted to the director within seven calendar days of the date of inspection.
(16)
A report summarizing the scope of any inspection required by subsection (14) of this section, and the names and qualifications of personnel making the inspection, the dates of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (15) of this section, shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility's NPDES permit, and this article. The report shall be certified and signed by the person responsible for making it.
(17)
The
operator shall retain copies of any SWPPP and all reports required
by this article or by the NPDES permit for the site, and records of
all data used to complete the NOI, for a period of at least three
years from the date that the site is finally stabilized.
(18)
Where
a site has been finally stabilized and all stormwater discharges from
construction activities that are authorized by this article and by
the NPDES permit for those construction activities are eliminated,
or where the operator of all stormwater discharges at a facility changes,
the operator of the construction site shall submit to the city engineer,
and to any other responsible city departmental director, a notice
of termination (NOT) that includes the information required for notices
of termination the construction general permit.
(19)
Upon
final stabilization of the construction site, the owner (or the duly
authorized representative thereof) shall submit to the responsible
director written certification by a licensed professional engineer
that the site has been finally stabilized. (See definition of "final
stabilization" in this article.) The city may withhold an occupancy
or use permit for any premises constructed on the site until such
certification of final stabilization has been filed and the responsible
director has determined, following any appropriate inspection, that
final stabilization has, in fact, occurred and that any required permanent
structural controls have been completed.
(Ord. No. B-652, § 2(5-210), 8-10-2000)
(a)
Industrial
operator, hazardous waste treatment and landfill requirements.
All operators of municipal landfills, hazardous waste treatment,
disposal, and recovery facilities, industrial facilities that are
subject to section 313 of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) 42 USC 11023; and industrial facilities
that the director determines are contributing a substantial pollutant
loading to the MS4, which are sources of stormwater discharges associated
with industrial activity, shall comply with the following requirements:
(1)
Any operator who intends to obtain coverage for stormwater discharge
associated with industrial activity under the NPDES general permit
for stormwater discharges associated with industrial activity (the
baseline industrial general permit) or the NPDES stormwater multi-sector
general permit for industrial activities (the multi-sector general
permit) shall submit a signed copy of its notice of intent (NOI) to
the director at least two calendar days prior to the commencement
of the industrial activity at the facility. If industrial activity
requiring an NPDES stormwater permit is already underway upon the
effective date of the ordinance from which this article is derived,
a copy of the permit assignment notice or the NOI shall be submitted
within 30 calendar days. Where the operator of a facility with a stormwater
discharge associated with industrial activity which is covered by
an NPDES general permit changes, the new operator of the facility
shall submit an NOI at least two calendar days prior to the change.
(Note: Reference within this section to an NPDES general permit or
to the appropriate NPDES general permit shall be deemed to refer to
either the baseline industrial general permit or the multi-sector
general permit.)
(2)
A stormwater pollution prevention plan (SWPPP) shall be prepared
and implemented in accordance with the requirements of the appropriate
NPDES general permit or any individual NPDES permit issued for stormwater
discharges from the industrial facility, and with any additional requirement
imposed by or under this article, and any other city ordinance.
(3)
The SWPPP shall be completed prior to the submittal of the NOI to
the director and, for a new industrial operation, prior to the commencement
of the industrial activity at the facility. The SWPPP shall be updated
and modified as appropriate and as required by the appropriate NPDES
general permit and this article.
(4)
A copy of any NOI that is required by subsection (a)(1) of this section shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.
(5)
The director may require any operator who is required by subsection (a)(2) of this section to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the director for review. Such submittal and review of the SWPPP may be required by the director prior to commencement of or during industrial activity at the facility.
(6)
Upon the director's review of the SWPPP and any site inspection that
he may conduct, the city may deny approval of any application for
a permit or any other city approval necessary to commence or continue
operation of the facility, on the grounds that the SWPPP does not
comply with the requirements of the appropriate NPDES general permit
or any individual NPDES permit issued for stormwater discharges from
the industrial facility, or any additional requirement imposed by
or under this article or other city ordinances. Also, if at any time
the director determines that the SWPPP is not being fully implemented,
the city may similarly deny approval of any application for a permit
or other city approval necessary to commence or continue operation
of the industrial facility.
(7)
The SWPPP, with any modifications attached, shall be retained at
the industrial facility from the date of commencement of operations
until all stormwater discharges associated with industrial activity
at the facility are eliminated and the required notice of termination
(NOT) has been submitted in accordance with the appropriate NPDES
general permit.
(8)
The operator shall make the SWPPP and any modification thereto available
to the director upon request (as well as to EPA and state inspectors).
(9)
The director may notify the operator at any time that the SWPPP does
not meet the requirements of the appropriate NPDES general permit,
any applicable individual NPDES permit issued for stormwater discharges
from the industrial facility, or any additional requirement imposed
by or under this article or other city ordinances. Such notification
shall identify those provisions of the permit or ordinance which are
not being met by the SWPPP, and identify which provisions of the SWPPP
require modifications in order to meet such requirements. Within 30
calendar days of such notification from the director (or as otherwise
provided by the director), the operator shall make the required changes
to the SWPPP and shall submit to the director a written certification
that the requested changes have been made.
(10)
The operator shall amend the SWPPP whenever there is a change in
design, construction, operation, or maintenance, which has a significant
effect on the potential for the discharge of pollutants to the MS4
or to the waters of the United States, or if the SWPPP proves to be
ineffective in eliminating or significantly minimizing pollutants,
or in otherwise achieving the general objective of controlling pollutants
in stormwater discharges associated with industrial activity.
(11)
Qualified personnel (provided by the operator) shall inspect equipment
and areas of the facility specified in the SWPPP at appropriate intervals.
A set of tracking or follow-up procedures shall be used to ensure
that appropriate actions are taken in response to the inspections.
Records of inspection shall be maintained and made available to the
director upon request.
(12)
Qualified personnel (provided by the operator) shall conduct comprehensive
site compliance evaluations as required by the appropriate NPDES general
permit at intervals of no less than once per year. Based on the results
of the compliance evaluation, the description of potential pollutant
sources and the pollution prevention measures and controls that are
identified in the SWPPP shall be revised as appropriate within two
weeks of such evaluation and shall provide for implementation of any
changes to the SWPPP in a timely manner, but in no case more than
12 weeks after the compliance evaluation.
(13)
A report summarizing the scope of the comprehensive site compliance
evaluation required by the appropriate NPDES general permit, personnel
making the compliance inspection, the dates of the inspection, major
observations relating to the implementation of the SWPPP, and actions
taken in accordance with necessary and appropriate plan revisions
shall be made and retained as part of the SWPPP for at least one year
after all stormwater discharges from the facility are eliminated and
the required NOT has been submitted. The report shall identify any
incidence of noncompliance; or, if the report does not identify any
incidence of noncompliance, the report shall contain a certification
that the facility is in compliance with the SWPPP, the applicable
NPDES permit, and this article. The report shall be signed by the
individual responsible for the comprehensive site compliance evaluation,
and it shall be submitted to the director within ten calendar days
of its completion.
(14)
If the industrial facility is required by the appropriate NPDES general
permit to conduct monitoring, records of the monitoring results shall
be retained at the facility and made available to the director upon
request.
(15)
By written notice, the director may require any industrial facility
identified in accordance with this section to implement a monitoring
program at its expense that includes the submission of quantitative
data on the following constituents:
a.
Any pollutants limited in effluent guidelines subcategories;
b.
Any pollutant listed in an existing NPDES permit for the facility;
c.
Oil and grease, COD, pH, 30D5, TSS, total phosphorus, total Kjeldahl
nitrogen, nitrate plus nitrite nitrogen; and
d.
Information on discharges required under 40 CFR 122.21(g)(7)(iii)
and (iv).
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The director may require written reports of any such monitoring
to be submitted to him.
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(16)
By written notice, the director may require any industrial facility
identified in this section to conduct semi-annual or annual monitoring
of stormwater discharges, or the director may specify an alternative
monitoring frequency and/or specify additional parameters to be analyzed.
The director may require written reports of any such additional monitoring
to be submitted to him.
(17)
The operator shall retain the SWPPP until at least one year after
stormwater discharges associated with industrial activity at the facility
are eliminated, or that operator is no longer operating the facility,
and a notice of termination (NOT) in compliance with the appropriate
NPDES general permit has been submitted. The operator shall retain
all records of all monitoring information, copies of all required
reports, and records of all data used to complete the NOI, until at
least one year after all stormwater discharges associated with industrial
activity at the facility are eliminated, or the operator ceases to
operate that facility, and the required notice of termination (NOT)
has been submitted.
(18)
For discharges subject to monitoring requirements of the appropriate
NPDES general permit, in addition to the records-retention requirements
of the paragraph above, operators shall retain records of all monitoring
information collected for the period of time required by the appropriate
NPDES general permit. operators must submit such monitoring results,
and/or a summary thereof, to the director upon his request.
(19)
Upon the effective date of the ordinance from which this article
is derived, no discharge shall contain any of the following hazardous
metals in a concentration exceeding the maximum concentrations (in
mg/L) of each of the hazardous metals listed as follows:
|
Metal
|
Average
|
Daily Composite
|
Grab Sample
|
|---|---|---|---|
|
Arsenic
|
0.1
|
0.2
|
0.3
|
|
Barium
|
1.0
|
2.0
|
4.0
|
|
Cadmium
|
0.05
|
0.1
|
0.2
|
|
Chromium
|
0.5
|
1.0
|
5.0
|
|
Copper
|
0.5
|
1.0
|
2.0
|
|
Lead
|
0.5
|
1.0
|
1.5
|
|
Manganese
|
1.0
|
2.0
|
3.0
|
|
Mercury
|
0.005
|
0.005
|
0.01
|
|
Nickel
|
1.0
|
2.0
|
3.0
|
|
Selenium
|
0.05
|
0.1
|
0.2
|
|
Silver
|
0.05
|
0.1
|
0.2
|
|
Zinc
|
1.0
|
2.0
|
6.0
|
(20)
Where all stormwater discharges associated with industrial activity
that are authorized by this article, and by the NPDES permit for those
discharges from industrial activities, are eliminated, or where the
operator of stormwater discharges associated with industrial activity
at a facility changes, the operator of the facility shall submit to
the director a notice of termination (NOT) that includes the information
required for notices of termination by the appropriate NPDES general
permit.
(b)
Responsibility
for compliance with section provisions.
Any owner of a facility with a stormwater discharge associated with industrial activity to which subsection (a) of this section applies, whether or not he is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility.
(c)
Difficulty
in compliance; enforcement.
Upon request by the director, all owners and operators of any facility that experience a problem complying with the requirements of this article, the industrial general permit, or any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, shall consult with the director, any other representative of the city, and any third party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city's satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or the state, and/or the city may itself undertake any enforcement action authorized by sections 82-175—82-181, and 82-184—82-190. Exercise of the city's option for consultation under this subsection (c) shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.
(Ord. No. B-652, § 2(5-211), 8-10-2000)
(a)
The
director, or authorized representative, shall have the right to enter
the premises of any person discharging stormwater to the municipal
separate storm sewer system (MS4) or to waters of the United States
to determine if the discharger is complying with all requirements
of this article, and with any state or federal discharge permit, limitation,
or requirement. Dischargers shall allow the director ready access
to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and for the performance of any additional
duties. Dischargers shall make available to the director, upon request,
any SWPPP's, 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.
(b)
Where
a discharger has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the director or authorized
representatives will be permitted to enter without delay for the purposes
of performing his responsibilities.
(c)
The
director shall have the right to set up on the discharger's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the discharger's operations.
(d)
The
director may require any discharger to the MS4 or waters of the United
States to conduct specified sampling, testing, analysis, and other
monitoring of its stormwater discharges, and may specify the frequency
and parameters of any such required monitoring.
(e)
The
director 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 their accuracy.
(f)
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 the director
and shall not be replaced. The costs of clearing such access shall
be borne by the discharger.
(g)
Unreasonable
delays in allowing the director access to the discharger's premises
shall be a violation of this article.
(Ord. No. B-652, § 2(5-212), 8-10-2000)
If the director, or authorized representative, has been refused
access to any part of the premises from which stormwater is discharged,
and he is able to demonstrate probable cause to believe that there
may be a violation of this article or any state or federal discharge
permit, limitation, or requirement, 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 director may seek issuance
of a search warrant from any court of competent jurisdiction. For
purposes of this section, the director of community development, the
city engineer, the director of public works, the director of parks
and the duly authorized representatives of these city departmental
directors are declared to be "health officers," as that term is used
in Vernon's Ann. C.C.P. art. 18.05.
(Ord. No. B-652, § 2(5-213), 8-10-2000)
(a)
Citizen
reports.
All citizens are encouraged to report any spills,
releases, illicit connections, other instances of anyone discharging
pollutants into the MS4 or waters of the United States, and any other
violation of this article of which they become aware, to the director,
his delegate, or any person designated by the city manager to receive
such citizen reports.
(b)
Methods
of citizen reports.
Such citizen reports may be made
by telephone, in writing, or in person. A written record of each citizen
report to the city will be prepared and kept on file for a period
of three years, and a copy of the city's record of the report will
be furnished to the reporting citizen upon request. Also upon request,
the city engineer or other responsible city official will inform the
reporting citizen of any action undertaken by the city in response
to the citizen's report.
(c)
Reports
by owners and operators.
The operator and the owner of
any commercial or industrial activity shall report any spills, releases,
illicit connections, or other instances where pollutants are discharged
into the MS4 or waters of the United States and any other violation
of this article for which they are responsible to the director, his
delegate, or any person designated by the city manager to receive
such reports.
(d)
Reporting
requirements.
The operator and the owner of any commercial or industrial activity shall report all incidents enumerated in subsection (c) of this section, in accordance with the following:
(1)
A hazardous and/or toxic material spill or release shall be immediately
reported to the city fire department.
(2)
Other instances where pollutants are discharged into the MS4 or waters
of the United States by spill, release, illicit connections or other
means shall be reported to the pollution control officer within the
department of engineering/environmental management.
(e)
Notification
responsibilities of operators and owners.
Both the operator
and the owner of any commercial or industrial activity which has resulted
in a spill or release of hazardous/toxic materials or a substance
of a polluting nature is responsible for proper notification of the
incident to the appropriate county, state, and federal agency. The
reporting of a spill/release to the city does not release the owner
or operator from reporting to appropriate county, state and federal
officials. Thus, dependent on the type of release and the nature of
the emergency caused thereby (i.e., life threatening or no), the following
agencies, in addition to the city environmental/health department,
are specified to be notified:
(Ord. No. B-652, § 2(5-214), 8-10-2000)
When the director finds that any person has violated, or continues
to violate, any provision of this article, or any order issued hereunder,
the director may serve upon that person a written warning notice,
specifying the particular violation believed to have occurred and
requesting the discharger to immediately investigate the matter and
to seek a resolution whereby any offending discharge will cease. Investigation
and/or resolution of the matter in response to the warning notice
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the warning notice. Nothing in
this section shall limit the authority of the director to take any
action, including emergency action or any other enforcement action,
without first issuing a warning notice.
(Ord. No. B-652, § 2(5-215), 8-10-2000)
When the director finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the director may serve upon that person a written notice of violation. Within ten calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the director. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the director within ten calendar days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation. The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 82-177—82-179 and shall be judicially enforceable.
(Ord. No. B-652, § 2(5-216), 8-10-2000)
The director may order any person who has violated, or continues to violate, any provision of this article, or any order issued hereunder, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in section 82-182(g). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator.
(Ord. No. B-652, § 2(5-217), 8-10-2000)
When the director finds that any person has violated, continues
to violate, or threatens to violate, any provision of this article,
or any order issued hereunder, the director may issue an order to
the violator directing that the violator come into compliance within
a specified time limit, prior to commencement or continuance of operation,
or immediately. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring,
and management practices designed to minimize the amount of pollutants
discharged, to the MS4 and waters of the United States. A compliance
order may not extend the deadline for compliance established by a
state or federal standard or requirement, nor does a compliance order
relieve the person of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the violator.
(Ord. No. B-652, § 2(5-218), 8-10-2000)
When the director finds that a person has violated, or continues
to violate, any provision of this article, or any order issued hereunder,
and that such violation has adversely affected the MS4, or the waters
of the United States, the director may issue an order to the violator
directing him to undertake and implement any appropriate action to
remediate and/or abate any adverse effects of the violation upon the
MS4, or the waters of the United Stares, and/or to restore any part
of the MS4, or the waters of the United States. Such remedial, abatement,
and restoration action may include, but 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 pollution or contamination; prevention, minimization,
and/or mitigation of any damage to the public health, welfare, or
the environment that may result from the violation; restoration or
replacement of city property or natural resources damaged by the violation.
The 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. An order issued under this section
does not relieve the violator of liability for any violation, including
any continuing violation. Issuance of an order under this section
shall not be a bar against, or a prerequisite for, taking any other
action against any responsible party.
(Ord. No. B-652, § 2(5-219), 8-10-2000)
When the director finds that any person has violated, continues
to violate, or threatens to violate, any provision of this article,
or any order issued hereunder, or that the person's past violations
are likely to recur, and that the person's violation, or threatened
violation, have caused or contributed to an actual or threatened discharge
to the MS4 or waters of the United States which reasonably appears
to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the director may issue an
order to the violator directing it immediately to cease and desist
all such violations and directing the violator to:
(1)
Immediately
comply with all requirements of this article; and
(2)
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.
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Any person notified of an emergency order directed to it under
this section shall immediately comply and stop or eliminate its endangering
discharge. In the event of a discharger's failure to immediately comply
voluntarily with the emergency order, the director may take such steps
as deemed necessary to prevent or minimize harm to the MS4 or waters
of the United States, including immediate termination of a facility's
water supply, sewer connection, or other municipal utility services.
The director may allow the person to commence or recommence its discharge
when it has demonstrated to the satisfaction of the director that
the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this article.
A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken
to prevent any future occurrence, to the director within ten calendar
days of receipt of the emergency order. Issuance of an emergency cease
and desist order shall not be a bar against, or prerequisite for,
taking any other action against the violator.
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(Ord. No. B-652, § 2(5-220), 8-10-2000)
Whenever the director finds that any operator of a construction site has violated, threatens to violate, or continues to violate, any provision of sections 82-167—82-170, or any order issued hereunder, the director may issue a stop work order to the operator, and require that a copy of the stop work order be posted at the construction site and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the director, the stop work order shall prohibit any further construction activity, or any commencement of 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 approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(Ord. No. B-652, § 2(5-221), 8-10-2000)
(a)
Petition
for reconsideration.
Any person subject to a compliance order under section 82-178, a remediation, abatement, or restoration order under section 82-179, an emergency cease and desist order under section 82-180, or a stop work order under section 82-181 may petition the director to reconsider the basis for his order within 15 calendar days of the affected person's notice of issuance of such an order.
(b)
Failure
to submit petition deemed waiver.
Failure to submit a
timely written petition for reconsideration shall be deemed to be
a waiver of any further right to administrative reconsideration or
review of the order.
(c)
Enumeration
of objectives.
In its petition, the petitioning party
must indicate the provisions of the order objected to, the reasons
for the objection, any facts that are contested, the evidence that
supports the petitioner's view of the facts, any alternative terms
of an order that the petitioner would accept, and whether the petitioning
party requests a hearing on its petition.
(d)
Effect
of director's orders.
The effect of any compliance order under section 82-178, remediation, abatement, or restoration order under section 82-179, and any stop work order under section 82-181 shall be stayed pending the director's reconsideration of the petition, and any hearing thereon, unless the director expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 82-180 shall not be stayed pending the director's reconsideration, or any hearing thereon, unless the director expressly and in writing stays his emergency order.
(e)
Action
by director; time limit.
Within 30 calendar days of the
submittal of a petition for reconsideration, the director shall grant
the petition and withdraw or modify the order accordingly; deny the
petition without a hearing if no material issue of fact is raised;
or if a hearing has been requested and a material issue of fact has
been raised, set a hearing on the petition.
(f)
Notice
of hearing; service.
Written notice of any hearing set by the director pursuant to subsection (e) of this section shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.
(g)
Conduct
of hearing.
The director may conduct the hearing and
take evidence, or may designate any employee of the city or any specially-designated
attorney or engineer to:
(1)
Issue in the name of the city notices of hearing requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in the hearing;
(2)
Take evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the director
for action thereon.
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At any hearing held pursuant to this section, testimony taken
shall be under oath and recorded. Any party is entitled to present
his case or defense by oral or documentary evidence and to conduct
such cross examination as may be required for a full and true disclosure
of the facts. A transcript will be made available to any party to
the hearing upon payment of the usual charges thereof.
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(h)
Action
upon review of evidence.
After the director has reviewed
the evidence, he shall:
(1)
Grant the petition;
(2)
Deny the petition; or
(3)
Grant the petition in part and deny it in part.
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The director may modify his order as is appropriate based upon
the evidence and arguments presented at the hearing and his action
on the petition. Further orders and directives as are necessary and
appropriate may be issued.
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(Ord. No. B-652, § 2(5-222), 8-10-2000)
Any person who remains adversely affected by the director's order after petitioning for reconsideration pursuant to section 82-182, or who is subject to an order of the director issued following a show cause hearing under section 82-177, may challenge the final action of the director in an appropriate court of competent jurisdiction.
(Ord. No. B-652, § 2(5-223), 8-10-2000)
(a)
Whenever
it appears that a person has violated, or continues to violate, any
provision of this article that relates to:
(1)
The preservation of public safety relating to the materials or methods
used in construction of any structure or improvement of real property;
(2)
The preservation of public health or to the fire safety of a building
or other structure or improvement;
(3)
The establishment of criteria for land subdivision or construction
of buildings, including street design;
(4)
Dangerously damaged or deteriorated structures or improvements;
(5)
Conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents;
or
(6)
Point source effluent limitations or the discharge of a pollutant,
other than from a nonpoint source, into the MS4.
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The city may invoke V.T.C.A., Local Government Code §§ 54.012—54.017 and petition the state district court or the county court at law of Tarrant County, through the city attorney, for either the injunctive relief specified in subsection (b) of this section or the civil penalties specified in subsection (c) of this section, or both the specified injunctive relief and civil penalties.
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(b)
Pursuant
to V.T.C.A., Local Government Code § 54.016, the city may obtain
against the owner or the operator of a facility a temporary or permanent
injunction, as appropriate, that:
(c)
Pursuant to V.T.C.A., Local Government Code § 54.017, the city may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsections (a)(1)—(5) of this section, and a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (a)(6) of this section, if the city proves that:
(Ord. No. B-652, § 2(5-224), 8-10-2000)
(a)
Any person who has violated any provision of this article, or any order issued hereunder, shall be strictly liable for such violation, regardless of the presence or absence of a culpable mental state, and shall, upon conviction, be subject to a fine as prescribed in section 1-14.
(b)
Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall, upon conviction, be subject to a fine as described in section 1-14.
(c)
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.
(Ord. No. B-652, § 2(5-225), 8-10-2000)
Whenever it appears that a violation or threat of violation
of any provision of V.T.C.A., Water Code § 26.121, or any rule,
permit, or order of the Texas Commission on Environmental Quality,
has occurred or is occurring within the jurisdiction of the city,
exclusive of its extraterritorial jurisdiction, the city, in the same
manner as the Texas Commission on Environmental Quality, may have
a suit instituted in a state district court through its city attorney
for the injunctive relief or civil penalties, or both, authorized
in V.T.C.A., Water Code §§ 7.031, 7.032, against the person
who committed or is committing or threatening to commit the violation.
This power is exercised pursuant to V.T.C.A., Water Code § 7.351.
In any suit brought by the city under this section, the Texas Commission
on Environmental Quality is a necessary and indispensable party.
(Ord. No. B-652, § 2(5-226), 8-10-2000)
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. These actions
may be taken concurrently.
(Ord. No. B-652, § 2(5-227), 8-10-2000)
The director may, by written notice, order any owner or operator
of a source of stormwater discharge associated with construction or
industrial activity to file a satisfactory bond, payable to the city,
in a sum not to exceed a value determined by the director to be necessary
to achieve consistent compliance with this article, any order issued
hereunder, any required Best Management Practice, and/or any SWPPP
provision, and/or to achieve final stabilization of the site. The
city may deny approval of any building permit, grading permit, subdivision
plat, site development plan, or any other city permit or approval
necessary to commence or continue construction or any industrial activity
at the site, or to assume occupancy, until such a performance or maintenance
bond has been filed.
(Ord. No. B-652, § 2(5-228), 8-10-2000)
The director may, by written notice, order any owner or operator
of a source of stormwater discharge associated with construction or
industrial activity to submit proof that it has obtained liability
insurance, or other financial assurance, in an amount greater than
or equal to a value determined by the director, that is sufficient
to remediate, restore, and abate any damage to the MS4, the waters
of the United States, or any other aspect of the environment that
is caused by the discharge.
(Ord. No. B-652, § 2(5-229), 8-10-2000)
A violation of any provision of this article, or any order issued
hereunder, is hereby declared a public nuisance and shall be corrected
or abated as directed by the director. Any person creating a public
nuisance shall be subject to the nuisance provisions of this Code.
