(a)
General requirements and responsibilities.
(1)
The construction site operator(s) (hereinafter referred to as operator) of large and small construction activities shall comply with all requirements of the construction permit and all other applicable regulations as may be required to ensure compliance with federal, state, and local rules and regulations.
(2)
Any person who is contracted by the city to conduct the day-to-day operational activities at a site of municipal construction activity shall be responsible for providing, completing, submitting, displaying and retaining all documents required by, and in accordance with, the construction permit, and the implementation and maintenance of best management practices required by the construction permit and this article.
(3)
Any owner of a site of construction activity, whether or not that owner is an operator, is jointly and severally responsible for compliance with requirements in this article.
(4)
Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a pollution prevention control measure, including site inspections, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure.
(5)
The city does not currently have a specific manual or guide for stormwater management criteria. All operators, owners and contractors of construction activities shall use current, industry-accepted BMPs to minimize the discharge of pollutants to the MS4. The city’s hydraulic calculation procedures for storm sewers will be used to calculate the amount of stormwater runoff (with a 2-year design frequency) to be managed.
(b)
Construction site.
(1)
A construction site is the location and all the areas wherein construction activity, which is all or part of a common development or project, are occurring, proposed to occur, or have occurred, irrespective of whether that construction is in compliance with this section or whether that construction activity is ongoing or temporarily suspended for any purpose or whether the city engineer has granted authorization to undertake the construction activity. For purposes of this section, a construction site shall encompass:
(A)
All land and surface water areas where the construction activities of any type, including all areas of land surface disturbed by or as a consequence of the construction activities or other activities in support of the construction activities, are undertaken as part of a common plan of development or project;
(B)
All areas of land to be disturbed by construction of a common plan of development or project, irrespective of whether such construction is undertaken or planned to be undertaken in one phase or stage or different phases or stages and irrespective of whether such construction is undertaken or planned to be undertaken at different, separate, or simultaneous times;
(C)
All areas of land where the land is to be disturbed by construction of a common plan of development or project, irrespective of whether untaken at contiguous or separate locations within the general area encompassed by the common plan of development or project, provided such boundary lies on or is within the boundary of property collectively owned or leased by one or more parties undertaking any or all of the construction activities; and
(D)
All areas of ongoing, temporarily suspended, yet-to-be undertaken, or completed construction encompassing the totality of the construction activities, irrespective of whether any or all the construction activities are within compliance with this section.
(2)
Redefining of construction site limits.
The city engineer shall have the right to redefine, for purposes of compliance with this article, the limits of a construction site in extent and amount necessary and sufficient in the judgment of the city engineer to prevent the actual or potential discharge of pollutants from the construction site to the MS4, water in the state or waters of the U.S. to the maximum extent practicable, provided the limits so defined lies on or within the boundary of property collectively owned or leased by one or more operators undertaking any or all of the construction activities at the site.
(3)
Cessation of construction site.
A construction site shall, for the purposes of this section, cease to be a construction site only at such time that all requirements for closure of the construction site as specified by this section have been met.
(c)
Stormwater pollution prevention plan.
(1)
Operators of all small and large construction activities shall develop, implement, and maintain (including updates and modifications) a stormwater pollution prevention plan (SWPPP) in accordance with all applicable requirements of the TPDES construction discharge permit.
(2)
Any operator who intends to obtain coverage under the TPDES construction permit for stormwater discharges from a construction activity shall submit copies of the completed and signed SWPPP and NOI to the control authority in conjunction with any application for a development permit, building permit, or any other city permit or approval necessary to commence or continue construction at the site.
(3)
After reviewing the SWPPP, the city may withhold approval of any development permit, building permit, or any other city permit or approval necessary to commence or continue construction, if the SWPPP does not comply with the TPDES construction discharge permit.
(4)
The SWPPP shall be completed and implemented prior to the commencement of construction activities at the site.
(5)
If the control authority observes upon a construction site inspection that the SWPPP no longer meets the requirements of the TPDES construction discharge permit or this article, the operator will be notified of any deficiencies. The operator shall correct any deficiencies with the SWPPP within seven (7) calendar days of receiving notification.
(6)
The SWPPP, with any modifications attached, shall be retained at the construction site from the date of commencement of construction activities until final stabilization has been completed on all disturbed areas or until a new operator assumes control over the construction activity and provides a new SWPPP. For a large construction activity, the SWPPP shall be retained at the construction site until a notice of termination (NOT) is submitted. If the construction site is inactive or does not have an onsite location to store the SWPPP, the location of the SWPPP shall be described on the construction site notice posted at the site. The SWPPP and any modifications to it shall be made readily available to the control authority, upon request.
(7)
The following records shall be maintained and either attached to or referenced in the SWPPP, and made readily available to the control authority upon request:
(A)
The dates when major grading activities occur;
(B)
The dates when construction activities temporarily or permanently cease on a portion of the site;
(C)
The dates when stabilization measures are initiated;
(D)
An up-to-date version of the site map; and
(E)
The dates and descriptions of all pollution prevention deficiencies noted at the site as well as the corrective actions that were taken.
(d)
Obtaining authorization to discharge stormwater.
(1)
Primary operators of large construction activities, or who are otherwise required by the TCEQ to obtain authorization for stormwater discharges associated with construction activity, shall submit a notice of intent (NOI) to the TCEQ in accordance with the TPDES requirements. A copy of the signed and certified NOI shall be provided to the control authority and any secondary operator in accordance with the TPDES construction discharge permit.
(A)
Primary and secondary operators shall sign and certify a completed TCEQ construction site notice (CSN) in accordance with the TPDES permit. A copy of the CSN shall be provided to the control authority in accordance with the TPDES permit.
(B)
All persons meeting the definitions of secondary operator are regulated by the TPDES permit, but are not required to submit an NOI, provided that another operator at the site has submitted an NOI, or is required to submit an NOI and the secondary operator has provided notification to the operator of the need to obtain coverage (with records of notification available upon request).
(2)
Primary operators shall post copies of the signed and certified NOI and construction site notice at the construction site in a location where they are safely and readily available for viewing by the general public and control authority prior to commencement of construction activities, and shall be maintained at that location until final stabilization has been completed on all disturbed areas, or until a new operator assumes control over the construction activity and applies for permit coverage.
Secondary operators shall post a copy of the signed and certified construction site notice at the construction site in a location where it is safely and readily available for viewing by the general public and the control authority prior to commencement of construction activities, and shall be maintained at that location until final stabilization has been completed on all disturbed areas, or until a new operator assumes control over the construction activity and applies for permit coverage.
(3)
If the construction project is of a linear nature (e.g. highway, pipeline, etc.), the notices shall be placed in a publicly accessible location near where construction is actively underway, and shall be relocated, as necessary, along the length of the project. The notice shall be posted in a location where it is safely and readily available for viewing by the general public and the control authority.
(4)
Discharges of stormwater runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may not be required to be authorized under a separate construction permit, provided that the activity is conducted in accordance with the TPDES permit.
(5)
If an operator becomes aware that it submitted incorrect information, failed to submit relevant information, or that relevant information submitted in the NOI has changed, the operator shall submit a notice of change (NOC) letter to the permitting authority, and provide a copy of the signed letter to the control authority, within fourteen (14) days of discovering such information.
(6)
Operators of small construction activities may be automatically authorized under the TPDES permit, and operators of these construction sites are not required to submit an NOI provided that they:
(A)
Develop a SWPPP in accordance with the provisions of the TPDES permit;
(B)
Sign and certify a completed TCEQ CSN;
(C)
Post a copy of the signed and certified CSN at the construction site in a location where it is safely and readily available for viewing by the general public and the control authority, prior to commencement of construction activities, and maintain the notice in that location through the date of final stabilization, or until a new operator assumes control over the construction activity and applies for permit coverage; and
(D)
Provide a copy of the signed and certified CSN to the control authority in accordance with the requirements of the TPDES permit.
(7)
All NOIs, NOTs, NOC letters, and TCEQ CSNs shall be signed in accordance with title 30 section 305.44 and 305.128 of the Texas Administrative Code.
(8)
Construction activities that do not qualify as a small or large construction activity under the construction permit shall be exempt from this article but shall satisfy all local permitting and approval requirements prior to being authorized to discharge stormwater.
(e)
Best management practices.
(1)
The operator, owner or contractor shall use best management practices (BMPs) to control and reduce the discharge to the MS4 and water in the state of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and any other construction activities to the maximum extent practicable. Such BMPs and erosion control measures may include, but are not limited to, the following measures:
(A)
Ensuring that existing vegetation is preserved where feasible and that disturbed portions of the construction site are stabilized, in accordance with the requirements of the construction permit, on portions of the construction site where construction activities have temporarily or permanently ceased. Stabilization measures may include, but are not limited to the following:
(i)
Temporary seeding;
(ii)
Permanent seeding;
(iii)
Mulching;
(iv)
Sod stabilization;
(v)
Vegetative buffer strips;
(vi)
Protection of trees; and
(vii)
Preservation of mature vegetation.
Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities temporarily or permanently ceased, and except as provided herein, shall be initiated no more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. |
(B)
Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 21 days, temporary stabilization measures are not required.
(C)
Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable.
(D)
Where stabilization measures are utilized, erosion and sediment control measures shall remain in place and be maintained until the area of disturbance meets the definition of final stabilization in this section.
(2)
Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the construction site to the extent feasible.
(3)
Minimization of the tracking of sediments offsite by vehicles, the generation of dust, and the escape of other wind-blown wastes from the construction site.
(4)
Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or water within the state.
(5)
Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to ensure 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 and minimizing ground contact with waste materials.
(7)
Timely maintenance of vegetation, erosion and sediment control measures, and other BMPs management practices in good and effective operating condition.
(8)
Installation of permanent structural measures during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Such installed structural measures may include, but are not limited to, the following:
(A)
Stormwater detention structures (including wet ponds);
(B)
Stormwater retention structures;
(C)
Flow attenuation by use of open vegetative swales and natural depressions;
(D)
Other velocity dissipation devices;
(E)
Infiltration of runoff onsite; and
(F)
Sequential systems, which combine several practices.
(9)
The washing out of concrete trucks at construction sites shall be permitted, provided the following requirements are met:
(A)
Direct discharge of concrete truck wash out water to the MS4 or surface water within the state is prohibited;
(B)
Concrete truck washout water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to the MS4 or surface water within the state or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with a slow rate release, or other reasonable measures to prevent runoff from the construction site;
(C)
Washout of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck washout water is prohibited at all times and the operator shall ensure that its BMPs are sufficient to prevent the discharge of concrete truck washout water as a result of rain;
(D)
The discharge of washout water shall not cause or contribute to groundwater contamination;
(E)
If a SWPPP is required to be implemented, the SWPPP shall include concrete washout areas on the associated plan sheet(s).
(10)
Vehicular traffic onto and off of the construction site shall be prohibited during rainy conditions or when muddy conditions exist, unless measures are in place that prevent mud from being tracked offsite.
(11)
All BMPs shall be installed and maintained in accordance with the details and specifications listed in the approved SWPPP.
(12)
All plans and specifications that are prepared for the construction of site improvements shall illustrate and describe the BMPs that will be implemented at the construction site. The city may withhold any permit or approval necessary to commence or continue construction, if it determines that the BMPs are inadequate or inappropriate for the project. If the city observes upon a construction site inspection that the BMPs described in the plans and specifications are absent or ineffective at controlling or reducing the discharge or sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, or any other construction activities to the maximum extent practicable, the operator, owner or contractor will be notified, in writing. The operator, owner or contractor shall initiate repairs to deficient BMPs within seven (7) calendar days of receiving notification. If no corrective measures have been initiated within seven (7) calendar days of receiving notification of the deficiencies, the city may escalate enforcement actions including, but not limited to, issuance of a warning citation or citation, revocation or suspension of a development permit or building permit, or withholding issuance of a certificate of occupancy or final acceptance. If existing BMPs require repairs or modifications, or if additional BMPs are necessary, an implementation schedule (including a reasonable completion date) shall be developed and, wherever possible, those changes shall be implemented prior to the next storm event. If implementation before the next anticipated storm event is impracticable, these changes shall be implemented as soon as possible thereafter. If the deficient or absent BMP is causing or allowing a discharge of a harmful quantity of any substance, as determined by the control authority, the operator, owner or contractor shall immediately implement an interim control measure, or cease the activity associated with the discharge until the corrective action has been completed.
(13)
The operator, owner or contractor shall make every reasonable effort to prevent dirt and sediment from accumulating on paved or impervious surfaces and locations where offsite discharge would occur during storm events. If installing structural control measures in these areas is impracticable, alternative measures such as frequent sweeping shall be implemented.
(14)
If fuels, oils or other chemicals are used or stored on-site, these materials shall be used and stored in such a manner that discharge into the MS4, water within the state or the environment is prevented. In the event of a discharge of these materials, the responsible party shall remove all contamination and restore the area prior to the next storm event or as soon as possible thereafter.
(15)
For large and small construction activities, the operator shall be responsible for the design, installation and maintenance of all stormwater pollution prevention practices in accordance with the TPDES permit. The operator, owner or contractor shall be responsible for the maintenance of all stormwater pollution prevention practices from the time of commencement of construction activities until final stabilization has been completed on all disturbed areas or until a new operator, owner or contractor has assumed control over the construction activity. For large construction activities, the operator shall retain responsibility until the construction activity qualifies for termination of permit coverage and a NOT has been submitted, in addition to any other requirements set forth in this section.
(f)
Site inspection and monitoring requirements.
(1)
Personnel (provided by the operator) 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, discharge locations, and structural controls for evidence of, or the potential for, pollutants entering the MS4 or water within the state. Personnel conducting these inspections shall be knowledgeable of the TPDES permit, familiar with the construction site, and knowledgeable of the SWPPP for the site. Erosion and sediment control measures identified in the SWPPP shall be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking. Inspections shall be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. As an alternative to the above-described inspection schedule, the SWPPP may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection shall occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The specifically defined day, on which the inspections will occur, shall be documented in the SWPPP. The SWPPP shall clearly identify which inspection schedule will be implemented. The inspection may occur on either schedule provided that the SWPPP reflects the current schedule and that any changes in the schedule are conducted in accordance with the requirements of the construction permit. In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites, inspections shall be conducted as soon as access is practicable.
(2)
The SWPPP shall be modified based on the results of inspections, as necessary, to better control pollutants in stormwater runoff. Revisions to the SWPPP shall be completed within seven (7) calendar days following the inspection, or receiving written notification from the control authority. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule shall be described in the SWPPP and, wherever possible, those changes shall be implemented prior to the next storm event. If implementation before the next anticipated storm event is impracticable, these changes shall be implemented as soon as practicable. Any claims that implementation is not practicable before the next storm shall be verified and approved by the control authority.
(3)
A report summarizing the scope of the inspection, names and qualifications of personnel making the inspection, the dates of inspection, and major observations relating to the implementation of the SWPPP shall be made and retained as part of the SWPPP. At a minimum, major observations shall include:
(A)
The locations of discharges of sediment or other pollutants from the construction site;
(B)
Locations of BMPs that need to be maintained;
(C)
Locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and
(D)
Locations where additional BMPs are needed.
Actions taken as a result of inspections shall be described within, and retained as part of SWPPP. Reports shall identify any incidents of noncompliance. Where a report does not identify any incidents of noncompliance, the report shall contain a certification that the construction site is in compliance with the SWPPP and the TPDES permit. The operator shall store the inspection reports with the SWPPP and make those reports available for onsite review within seven (7) calendar days from the date that the inspection was conducted. All inspection reports which are not included in the SWPPP, and which are greater than seven (7) days old, shall be made available onsite within 24 hours of request by the control authority. |
(4)
All discharges of stormwater runoff from concrete batch plants that qualify for coverage, and that are authorized to discharge stormwater under the provisions of the construction permit, shall be monitored for compliance with benchmark values in accordance with such permit. Results of monitoring for determining compliance with benchmark values shall be recorded and, where applicable, reported to the permitting authority in accordance with the construction permit. The operator shall make records of discharge monitoring readily available to the control authority, upon request.
(5)
It shall be the responsibility of the operator, owner or contractor to clean any spills or discharges of fuel, oil or any other chemicals used or stored at the construction site. If any harmful quantity of fuels, oils or other chemicals is spilled or discharged, the operator, owner or contractor shall provide documentation indicating that the area has been cleaned and restored in accordance with state and federal rules and regulations.
(g)
Terminating authorization to discharge stormwater.
(1)
Operators who have submitted an NOI shall terminate authorization for discharges associated with construction activity by submitting a notice of termination (NOT) in accordance with the requirements of the construction permit. The NOT shall be submitted to the permitting authority, and a copy of the signed and certified NOT provided to the control authority within thirty (30) calendar days after:
(A)
Final stabilization has been achieved on all portions of the construction site that are the responsibility of the operator;
(B)
Another permitted operator has assumed control over all areas of the construction site that have not been finally stabilized; or
(C)
All silt fences and other temporary erosion controls have been removed, scheduled for removal as defined in the SWPPP, or transferred to a new operator, if the new operator has sought permit coverage. Operators are not required to remove, or schedule the removal of, erosion controls, which are designed to remain in place for an indefinite period, such as mulches and erosion mats. Operators of small construction activities shall also meet the requirements listed in subsections (A) through (C), above, in order to consider their automatic permit coverage to be terminated. Notification of the termination of automatic permit coverage shall be made to the control authority in accordance with the requirements of the construction permit.
(2)
Operators of large and small construction activities shall remove the NOI and/or construction site notice immediately following termination of permit coverage.
(h)
Final acceptance and certificate of occupancy.
The control authority shall not recommend that small or large construction activities be approved for final acceptance unless those construction activities are in compliance with this article. If the operator seeking final acceptance will not be associated with any further construction activity after final acceptance is granted, the construction activity shall also meet the requirements necessary to qualify for termination of permit coverage. A final certificate of occupancy shall not be recommended until final stabilization has been achieved on all disturbed areas, all potential pollutants associated with the construction activity have been removed, and the construction activity meets any additional requirements necessary to qualify for termination of permit coverage. A final certificate of occupancy may be granted prior to meeting the above conditions, on a case-by-case basis, provided that the signatory authority certifies in writing that the construction activity will maintain compliance with the construction permit and/or this article until the construction activity has been completed. Recommendation for final acceptance or a final certificate of occupancy for all other construction activities shall not be made until final stabilization has been achieved on all disturbed areas. Final acceptance may be recommended, where final stabilization has not yet occurred, provided that either the disturbed soils have been temporarily stabilized or a new operator, owner or contractor has assumed control over the construction activity and the construction site will not remain inactive for more than twenty-one (21) calendar days. Final acceptance and a final certificate of occupancy may also be withheld in the event of outstanding violations or enforcement actions. A final certificate of occupancy may be granted prior to meeting the above conditions, on a case-by-case basis, provided that the signatory authority provides written documentation to the control authority certifying that the construction activity will maintain compliance with the TPDES permit and/or this article until the construction activity has been completed.
(i)
Signatory authority.
All applications, notices, reports, and all other applicable documents required under the construction permit shall be signed in accordance with the signatory requirements set forth in title 30 section 305.44 of the Texas Administrative Code as it now exists or as hereafter amended. The authority to sign documents other than the NOI, NOT, NOC letter and construction site notice may be delegated to other qualified personnel provided that the requirements set forth in title 30 section 305.128 of the Texas Administrative Code, as it now exists or as hereafter amended, are met. All operators, owners and contractors shall designate an authorized representative. The authorized representative will be the point of contact for all pollution prevention matters for the site. If no authorized representative is designated for a small or large construction activity, the signatory authority for the NOI or construction site notice shall be the default authorized representative. For all other construction activities, the default authorized representative shall be the property owner. All communications and enforcement actions shall be addressed to the authorized representative.
(j)
Recordkeeping requirements.
The operator shall retain a copy of the SWPPP, all reports, notices, applications, monitoring and inspection records and other documents required by the TPDES permit or this article, for the construction site, and records of all data used to complete the NOI, for a period of at least three (3) years from the date that an NOT is submitted. For activities that are not required to submit an NOT (e.g. small construction activities that are not required to submit an NOI), records shall be retained for a period of at least three (3) years from the date that either: final stabilization has been achieved on all portions of the construction site that are the responsibility of the operator; or another permitted operator has assumed control over all areas of the construction site that have not been finally stabilized. The operator shall make all documents and data, required by the TPDES permit or this article, readily available to the control authority, upon request.
(Ordinance 2016-01, ex. A, adopted 1/12/16)