The rules and regulations set forth in Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 relating to construction sites that discharge stormwater associated with construction activity located in the state and adopted by the state commission on environmental quality and effective March 5, 2008, are hereby adopted by the city and incorporated herein by reference thereto as if set forth in full herein, and shall govern and regulate stormwater discharges associated with construction activity within the city.
Unless the context indicates otherwise, words and phrases contained in this article shall be as set forth in TPDES General Permit No. TXR150000. In addition, the following words and phrases shall have the following meanings as used in this article:
The state commission on environmental quality, including all of its departments and divisions, or its successor agency.
That general permit to discharge wastes under the provisions of section 402 of the Clean Water Act and chapter 26 of the Texas Water Code, TCEQ Docket No. 2007-1588-WQ, issued February 15, 2008, and effective March 5, 2008.
No person shall commence construction activities on land located within the city that may result in disturbing an area equal to or greater than one (1) acre, or less than one (1) acre as part of a larger common plan of development of land, prior to preparing and obtaining approval of a stormwater prevention plan in compliance with part III of TPDES General Permit No. TXR150000 or obtaining a waiver of such requirement from TCEQ.
(a)
New development and redevelopment projects that disturb an area greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale, and discharge stormwater into the city’s municipal separate storm sewer system (MS4), shall implement structural and/or non-structural best management practices (BMP) to minimize impacts to water quality.
(b)
The integrated Stormwater Management Criteria Manual for Site Development and Construction (iSWM), promulgated by the NCTCOG and as may be amended from time to time, a true and complete copy of which is incorporated herein by reference, is hereby adopted as the city’s official program for addressing stormwater and drainage issues associated with new construction, site development and redevelopment. A true and complete copy of the manual shall be kept on file and available at all times during regular business hours in the offices of the city secretary and director of public works. The BMP published in such manual or by the Environmental Protection Agency (EPA) guidance documents may be utilized to comply with this section.
(c)
The owner of the construction site described in subsection (a) of this section shall submit a post-construction stormwater management plan that incorporates the BMP to minimize water quality impacts prior to issuance of any permits.
(d)
All BMP shall be submitted to the city manager or his duly authorized representative for review and approval for construction sites on property located within the jurisdiction of the city prior to the utilization of the proposed BMP.
(Ordinance 10/25 adopted 7/20/10; Ordinance 11/17 adopted 9/6/11)
(a)
The owner of the construction site described in section 3.07.004 shall operate and maintain, and shall be solely responsible for the operation and maintenance of, the structural and/or non-structural BMP on the owner’s construction site as the BMP were designed and approved.
(b)
The city manager or such other city employee designated by the city manager shall have the authority to require the issuance of a performance bond, payable to the city, if it is deemed necessary to achieve compliance with this article.
(c)
The city manager, or other city employee designated by the city manager, shall have the authority to require the owner or operator of a construction site, development, or redevelopment to provide proof that the owner has obtained financial assurances sufficient to operate and maintain the structural and/or non-structural BMP previously approved by the city manager for the length of time that the structural and/or non-structural BMP will be utilized at the construction site.
(a)
The city manager, or other city employee designated by the city manager, shall have the authority to serve a written notice of violation upon any person who is found to have violated, or who continues to violate, any provision of this article, or any order issued hereunder.
(b)
Not later than seven (7) days after the issuance of a notice of violation served pursuant to subsection (a) of this section, the person served with the notice of violation shall submit to the city authority issuing the notice of violation an explanation of the circumstances that resulted in the described violation and a plan for the satisfactory correction and prevention of reoccurrence of the described violation, which explanation shall include specific actions to be taken by the alleged violator.
(c)
If the recipient of a notice of violation denies that any violation of this article has occurred or contends that no corrective action is necessary, such person shall submit to the city authority that issued the notice of violation a written explanation of the basis of any such denial or contention not later than seven (7) days following issuance of the notice of violation.
(d)
Submission of a written plan or explanation as provided in subsection (b) of this section shall not be a defense to any alleged liability for any violations occurring before or after receipt of the notice of violation.
(e)
Nothing in this section shall limit the authority of the city to take any action, including emergency action or any other enforcement action, prior to issuing a notice of violation.
(a)
The city manager, or other city employee designated by the city manager, shall have the authority to issue a stop work order to the owner and/or operator of a construction site upon finding that the owner or operator has violated, or continues to violate, any provision of this article, which stop work order shall be posted at the construction site.
(b)
Unless written exception is made by the city manager, a stop work order issued pursuant to subsection (a) of this section shall prohibit any further construction activity and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue construction or to assume occupancy at the construction site, new development, or redevelopment.
(c)
The issuance of a stop work order pursuant to this section shall not preclude nor serve as a prerequisite for taking any other action against the recipient of the stop work order.
(d)
A stop work order issued pursuant to this section may be rescinded only by the city manager, or other city employee designated by the city manager, provided that the owner or operator of the construction site to which the stop work order applies has:
(1)
Paid a reinspection fee to the city in accordance with the current master fee resolution of the city;
(2)
Provided written documentation indicating that all violations set forth in the stop work order have been corrected; and
(3)
Received from the city, following reinspection, written acknowledgement that all violations have in fact been corrected.
(a)
Any person, firm or corporation violating any of the provisions or terms of this article shall, upon conviction, be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(b)
The city may institute any appropriate action or proceeding in a court of competent jurisdiction to enjoin the violation of this article. Nothing in this article shall preclude the city from seeking any and all injunctive or other relief allowed by state law even if a criminal complaint has been filed based on the same incident or event.
In the event stricter rules or regulations are set forth elsewhere in this code or are otherwise promulgated by the TCEQ or the United States Environmental Protection Agency regarding the same subject matter affected by this article, then the more stringent regulations shall apply.
In the event any other provision of this code relating to stormwater pollution or discharge from a construction site irreconcilably conflicts with the provisions of this article, the provisions of this article shall be controlling.
(Ordinance 10/25 adopted 7/20/10)