(A)
Purposes.
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 standards 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.
(B)
Administration.
The Managing Director of Engineering and Street Services shall
administer and coordinate the implementation and enforcement of the
provisions of this article.
(C)
Abbreviations.
The following abbreviations when used in this article shall
have the designated meanings:
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BMP–Best management practices
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BTEX–Benzene, Toluene, Ethylbenzene, and Xylene
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CFR–Code of Federal Regulations
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EPA–U.S. Environmental Protection Agency
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HHW–Hazardous household waste
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mg/l–Milligrams per liter
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MS4–Municipal separate storm sewer system
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NOI–Notice of intent
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NOT–Notice of termination
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NPDES–National pollutant discharge elimination system
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ppb–Parts per billion
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PST–Petroleum storage tank
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RPE–Registered professional engineer
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RQ–Reportable quantity
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SWPPP–Stormwater pollution prevention plan
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TPDES–Texas Pollutant Discharge Elimination System
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TPH–Total petroleum hydrocarbons
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USC–United States Code
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(D)
Definitions.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
(1)
Agricultural stormwater runoff.
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 section 122.23 or discharges from concentrated aquatic animal
production facilities as defined in 40 CFR section 122.24.
(2)
Best management practices (BMP).
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.
(3)
City.
The City of Garland, Texas, or
the City Council of Garland.
(4)
Coal pile runoff.
The rainfall runoff
from or through any coal storage pile.
(5)
Commencement of construction.
The disturbance
of soils associated with clearing, grading, or excavating activities
or other construction activities.
(6)
Commercial.
Pertaining to any business,
trade, industry, or other activity engaged in for profit.
(7)
Discharge.
Any addition or introduction
of any pollutant, stormwater, or any other substance whatsoever into
the municipal separate storm sewer system (MS4) or into waters of
the United States.
(8)
Discharger.
Any person who causes,
allows, permits, or is otherwise responsible for, a discharge, including,
without limitation, any operator of a construction site, or industrial
facility.
(9)
Domestic sewage.
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.
(10)
Environmental Protection Agency (EPA).
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.
(11)
Extremely hazardous substance.
Any
substance listed in the appendices to 40 CFR part 355, Emergency Planning
and Notification.
(12)
Facility.
Any building, structure,
installation, process, or activity from which there is or may be a
discharge of a pollutant.
(13)
Fertilizer.
A solid or nonsolid 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
plan nutrients is made.
(14)
Final stabilization.
The status when
all soil disturbing activities at a site have been completed, and
a uniform perennial vegetative cover with a density of 70% 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.
(15)
Fire Department.
The Fire Department
of the City or any duly authorized representative thereof.
(16)
Garbage.
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.
(17)
Harmful quantity.
The amount of any
substance that will cause pollution of water in the state.
(18)
Hazardous household waste (HHW).
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 section 261.4(b)(1),
would be classified as a hazardous waste under 40 CFR part 261.
(19)
Hazardous substance.
Any substance
listed in table 302.4 of 40 CFR part 302.
(20)
Hazardous waste.
Any substance identified
or listed as a hazardous waste by the EPA pursuant to 40 CFR part
261.
(21)
Hazardous waste treatment, disposal, and recovery facility.
All contiguous land, and structures, other appurtenances
and improvements on the land, used for the treatment, disposal, or
recovery of hazardous waste.
(22)
Herbicide.
A substance or mixture of
substances used to destroy a plant or to inhibit plant growth.
(23)
Industrial waste.
Any waterborne liquid
or solid substance that results from any process of industry, manufacturing,
mining, production, trade, or business.
(24)
Motor vehicle fluid.
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.
(25)
Municipal landfill (or landfill).
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 regulation promulgated by the state commission on environmental
quality).
(26)
Municipal separate storm sewer system (MS4).
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.
(27)
Municipal solid waste.
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.
(28)
NPDES general permit for stormwater discharges associated
with industrial activity (or industrial general permit).
The industrial general permit issued by 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.
(29)
NPDES general permit for stormwater discharges from construction
sites (or construction general permit).
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.
(30)
NPDES permit.
A permit issued by EPA
(or by the state under authority delegated pursuant to 33 USC sec.
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.
(31)
Nonpoint source.
Any source of any
discharge of a pollutant that is not a “point source.”
(32)
Notice of intent (NOI).
The notice
of intent that is required by either the industrial general permit
or the construction general permit.
(33)
Notice of termination (NOT).
The notice
of termination that is required by either the industrial general permit
or the construction general permit.
(34)
Oil.
Any kind of oil in any form, including,
but not limited to, petroleum, fuel oil, crude oil or any fraction
thereof which is liquid at standard conditions of temperature and
pressure, sludge, oil refuse, and oil mixed with waste.
(35)
Operator.
The person or persons who,
either individually or taken together, meet the following two criteria:
(a)
They have operational control over the facility specifications (including
the ability to make modifications in specifications); and
(b)
They have the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirement and any permit conditions.
(36)
Owner.
The person who owns a facility
or part of a facility.
(37)
Person.
Any individual, partnership,
co-partnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity, or any other legal entity;
or their legal representatives, agents, or assigns. This definition
includes all federal, state, and local governmental entities.
(38)
Pesticide.
A substance or mixture of
substances intended to prevent, destroy, repel, 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
section 76.001 of the Texas Agriculture Code).
(39)
Petroleum product.
A petroleum 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. The term does not include naphtha-type jet fuel, kerosene-type
jet fuel, or a petroleum product destined for use in chemical manufacturing
or feedstock of that manufacturing.
(40)
Petroleum storage tank (PST).
Any one
or combination of aboveground or underground storage tanks that contain
petroleum products and any connecting underground pipes.
(41)
Point source.
Any discernable, 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.
(42)
Pollutant.
Dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
waste, biological materials, radioactive materials, heat, 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 rangeland, pasture land, and
farm land.
(43)
Pollution.
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 of
the public enjoyment of the water for any lawful or reasonable purpose.
(44)
Qualified personnel.
Persons who possess
the appropriate competence, skills, and ability (as demonstrated by
sufficient education, training, experience, and, 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.
(45)
Registered professional engineer (RPE).
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.
(46)
Release.
Any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the municipal separate storm sewer system
(MS4) or the waters of the United States or onto the ground in such
a manner that a pollutant may be discharged into the MS4.
(47)
Reportable quantity (RQ).
For any “hazardous substance,” the quantity established and listed in table 302.4 of 40 CFR part 302; for any “extremely hazardous substance,” the quantity established in 40 CFR part 355 and listed in Appendix A thereto.
(48)
Rubbish.
Nonputrescible solid waste,
excluding ashes, that consist of:
(a)
Combustible waste materials, including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, and
similar materials; and
(b)
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).
(49)
Sanitary sewer (or sewer).
The system
of pipes, conduits, and other conveyances which carries industrial
waste and domestic sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions, whether
treated or untreated, to the City sewage treatment plant (and to which
stormwater, surface water, and groundwater are not intentionally admitted).
(50)
Septic tank waste.
Any domestic sewage
removed from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
(51)
Service station.
Any retail establishment
engaged in the business of selling fuel for motor vehicles that is
dispensed from stationary storage tanks.
(52)
Sewage (or sanitary sewage).
The domestic
sewage and industrial waste that is discharged into the City sanitary
sewer system and passes through the sanitary sewer system to the City
sewage treatment plant for treatment.
(53)
Site.
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.
(54)
Solid waste.
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.
(55)
State.
The State of Texas.
(56)
Stormwater.
Stormwater runoff, snow
melt runoff, and surface runoff and drainage.
(57)
Stormwater discharge associated with industrial activity.
The discharge from any conveyance which is used for
collecting and conveying stormwater and which is directly related
to manufacturing, processing, or raw material storage areas at an
industrial plant which is within one of the categories of facilities
listed in 40 CFR section 122.26(b)(14), and which is not excluded
from EPA’s definition of the same term.
(58)
Stormwater pollution prevention plan (SWPPP).
A plan required by either the construction general permit or
the industrial general permit and which described 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.
(59)
TCEQ.
State commission on environmental
quality.
(60)
TPDES construction general permit (or construction general
permit).
the general permit for construction
stormwater issued pursuant to section 26.040 of the Texas Water Code
and section 402 of the United States Clean Water Act and approved
by the state commission on environmental quality on March 5, 2003,
and any subsequent modifications or amendments thereto.
(61)
TPDES industrial stormwater permit (or industrial stormwater
permit).
The permit (general or individual)
for industrial stormwater issued pursuant to section 26.040 of the
Texas Water Code and approved by the state natural resources conservation
commission (now the Texas Commission on Environmental Quality) on
August 20, 2001, and any subsequent modifications or amendments thereto.
(62)
TPDES permit.
A permit issued by the
state commission on environmental quality that authorizes the discharge
of pollutants to waters of the United States [under authority delegated
pursuant to 33 USC 1342(b)] whether the permit is applicable on an
individual, group, or general area-wide basis.
(63)
Uncontaminated.
Not containing a harmful
quantity of any pollutant.
(64)
Used oil (or used motor oil).
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.
(65)
Water in the state (or water).
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 nonnavigable, 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.
(66)
Water quality standard.
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
30 of the Texas Administrative Code.
(67)
Waters of the United States.
All waters
falling with in the federal definition of "Waters of the United States:
set forth at 140 C.F.R. §122.2.
(68)
Wetland.
An area that is inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar area.
(69)
Yard waste.
Leaves, grass clippings,
yard and garden debris, and brush that results from landscaping maintenance
and land-clearing operations.
(Ordinance 4713, sec. 1, adopted 10/5/93; Ordinance 5829, secs. 1, 2, adopted 6/1/04; Ordinance 7052, sec. 41, adopted 5/7/19)
(A)
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)
It is an affirmative defense to any enforcement action for violation of subsection (A) of this section that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
A discharge authorized by, and in full compliance with, an NPDES/TPDES
permit (other than the NPDES/TPDES permit for discharges from the
MS4).
(2)
A discharge or flow resulting from firefighting.
(3)
Agricultural stormwater runoff.
(4)
A discharge or flow from water line flushing, but not including a
discharge from water line disinfection by superchlorination or other
means unless it contains no harmful quantity of chlorine or any other
chemical used in line disinfection.
(5)
A discharge or flow from lawn watering, landscape irrigation, or
other irrigation water.
(6)
A discharge or flow from a diverted stream flow or natural spring.
(7)
A discharge or flow from uncontaminated pumped groundwater or rising
groundwater.
(8)
Uncontaminated groundwater infiltration (as defined as 40 C.F.R.
section 35.2005(20)) to the MS4.
(9)
Uncontaminated discharge or flow from a foundation drain, crawl space
pump, footing drain, or sump pump.
(10)
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.
(11)
A discharge or flow from air-conditioning condensation that is unmixed
with water from a cooling tower, emissions scrubber, emissions filter,
or any other source of pollutant.
(12)
A discharge or flow from individual residential or charity carwashing.
(13)
A discharge or flow from a riparian habitat or wetland.
(14)
A discharge or flow from water used in street washing provided that
the water is not contaminated with any harmful cleaning substance.
(15)
Stormwater runoff from a roof that is not contaminated by any runoff
or discharge from an emissions scrubber or filter or any other source
of pollutant.
(C)
No affirmative defense shall be available under subsection (B) of this section if the discharge or flow in question has been determined by the City to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, and written notice of such determination has been provided to the discharger.
(Ordinance 5829, sec. 3, adopted 6/1/04)
(A)
The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section 31.171.
(B)
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/TPDES permit, or
any state-issued discharge permit for discharges from its MS4.
(C)
No
person shall release or cause, allow, or permit to be introduced any
of the following substances into the MS4 nor onto or into the ground
or air such that the substance may enter the air or groundwater:
(1)
Any used motor oil, antifreeze, or any other motor vehicle fluid.
(2)
Any industrial waste.
(3)
Any hazardous waste, including hazardous household waste.
(4)
Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste.
(5)
Any wastewater from a commercial carwash facility; from any commercial
vehicle washing, cleaning, or maintenance at any new or used automobile
or other vehicle dealership, rental agency, body shop, repair shop,
or maintenance facility.
(6)
Any wastewater from the commercial washing, cleaning, de-icing, or
other maintenance of aircraft.
(7)
Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior where the wastewater
contains any harmful cleaning substance.
(8)
Any wastewater from commercial floor, rug, or carpet cleaning.
(9)
Any wastewater from the washdown or other cleaning of pavement that
contains any harmful quantity of any cleaning substance; or any wastewater
from the washdown or other cleaning of any pavement where any spill,
leak, or other release of oil, motor fuel, or other petroleum or hazardous
substance has occurred, unless all harmful quantities of such released
material have been previously removed.
(10)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler.
(11)
Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or hydromulch material, or from the cleaning of commercial vehicles
or equipment containing, or used in transporting or applying, such
material.
(12)
Any filter backwash from a swimming pool, fountain, or spa.
(13)
Any swimming pool or spa water.
(14)
Any discharge from water line disinfection by superchlorination or
other means if it contains any harmful quantity of chlorine or any
other chemical used in line disinfection.
(15)
Any water from a water curtain in a spray room used for painting
vehicles or equipment.
(16)
Any contaminated runoff from a vehicle wrecking yard.
(17)
Any substance or material that will damage, block, or clog the MS4.
(18)
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, unless the discharge complies with all state
and federal standards and requirements.
(D)
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 or other construction
activities, or associated with landfilling or other placement 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 under prevailing circumstances.
(E)
No
person shall connect a line conveying sanitary sewage, domestic or
industrial, to the MS4, or allow such a connection to continue.
(F)
Regulation
of pesticides, herbicides, and fertilizers.
(1)
Any sale, distribution, application, labeling, manufacture, transportation,
storage, or disposal of a pesticide, herbicide, or fertilizer must
comply fully with all state and federal statutes and regulations including,
without limitation, the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA;
chapters 63, 75, and 76 of the Texas Agriculture Code and all state
regulations promulgated pursuant thereto; and any other state or federal
requirement.
(2)
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.
(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.
(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 or knowingly discharge used oil onto the
ground.
(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)
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 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.
(Ordinance 5829, sec. 4, adopted 6/1/04)
(A)
The
person in charge of any commercial facility, vehicle, or other source
of any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
escaping, leaching, dumping, disposing, or any other release of any
of the following quantities of any of the following substances that
may flow, leach, enter, or otherwise be introduced into the MS4 or
waters of the United States, shall telephone and notify the City as
soon as practicable concerning the incident:
(1)
An amount equal to or in excess of a reportable quantity of any hazardous
substance, as established under 40 CFR part 302;
(2)
An amount equal to or in excess of a reportable quantity of any extremely
hazardous substance, as established under 40 CFR part 355;
(4)
Any harmful quantity of any pollutant.
(B)
The immediate notification required by subsection (A) of this section shall include the following information:
(1)
The identity or chemical name of the substance released, and whether
the substance is an extremely hazardous substance;
(2)
The exact location of the release, including any known name of the
waters involved or threatened and any other environmental media affected;
(3)
The time and duration (thus far) of the release;
(4)
An estimate of the quantity and concentration (if known) of the substance
released;
(5)
The source of the release;
(6)
Any known or anticipated health risks associated with the release
and, where appropriate, advice regarding medical attention that may
be necessary for exposed individuals;
(7)
Any precautions that should be taken as a result of the release;
(8)
Any steps that have been taken to contain and clean up the released
material and minimize its impacts; and
(9)
The names and telephone numbers of the person or persons to be contacted
for further information.
(C)
Within fourteen (14) days following such release, the responsible person in charge of the facility, vehicle, or other source of the release shall, unless waived by the City, submit a written report containing each of the items of information specified above in subsection (B), as well as the following additional information:
(1)
The ultimate duration, concentration, and quantity of the release;
(2)
All actions taken to respond to, contain, and clean up the released
substances, and all precautions taken to minimize the impacts;
(3)
Any known or anticipated acute or chronic health risks associated
with the release;
(4)
Where appropriate, advice regarding medical attention necessary for
exposed individuals;
(5)
The identity of any governmental/private sector representatives responding
to the release; and
(6)
The measures taken or to be taken by the responsible person(s) to
prevent similar future occurrences.
(E)
The notifications required by subsections (B) and (C) above shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the City, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this article or to state or federal law.
(A)
General
requirements.
(1)
All operators of construction sites shall use the methodology on
best management practices from the most current North Central Texas
Council of Government Best Management Practices for Construction Activities
Manual 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 the clearing, grading, excavation, and other construction
activities to the maximum extent practicable.
(2)
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 revised as appropriate, and as soon as is practicable.
(3)
The City may require any plans and specifications that are prepared
for the construction of site improvements to illustrate and describe
the best management practices required by subsection (A) above that
will be implemented at the construction site. The City may deny approval
of any building permit, grading permit, subdivision plat, site development
plan, 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 City are determined not to control and reduce the discharge
of sediment, silt, earth, soil, and other materials associated with
clearing, grading, excavation, and other construction activities to
the maximum extent practicable.
(B)
One
acre disturbances and greater.
All operators of sites
of construction activity, including clearing, grading, and excavation
activities, that result in the disturbance of one or more acres of
total land area, or that are part of a common plan of development
or sale within which one or more acres of total land area are disturbed,
or who are required to obtain a TPDES permit for stormwater discharges
associated with construction activity, shall comply with the following
requirements:
(1)
Any operator who intends to obtain coverage for stormwater discharges
from a construction site under the TPDES construction general permit
shall submit a signed copy of the notice of intent (for 5 acre and
larger projects or the site notice for one acre to 5 acre projects)
to the City at least two (2) days prior to the commencement of construction
activities. If the construction activity is already underway, the
notice of intent (NOI) or the site notice shall be submitted within
thirty (30) days. For stormwater discharges from construction sites
where the operator changes, an NOI shall be submitted at least 2 days
prior to when the operator commences work at the site.
(2)
A stormwater pollution prevention plan (SWPPP) shall be prepared
and implemented in accordance with the requirements of the construction
general permit or any individual or group TPDES 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)
On a site of one acre or more in total land area (or a site which
is impacted by off-site drainage from one acre or more), the SWPPP
shall be prepared, signed, and sealed by a registered professional
engineer.
(4)
The SWPPP shall be completed prior to the submittal of the NOI to the City and, for new construction, prior to the commencement of construction activities. 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 registered professional engineer, if the original SWPPP was required by subsection (3), above, to have been prepared by a registered professional engineer.
(5)
A copy of any NOI or construction site notice that is required by
subsection (B)(1) shall be submitted to the City in conjunction with
any application for a building permit, grading permit, subdivision
plat approval, site development plan approval, and any other City
approval necessary to commence or continue construction at the site.
(6)
The City may require any operator who is required by subsection (B)(2)
to prepare a SWPPP to submit the SWPPP, and any modifications thereto,
to the City for review. Such submittal and review of the SWPPP may
be required by the City prior to commencement of or during construction
activities at the site.
(7)
Upon the City’s review of the SWPPP and any site inspection
that the director may conduct, the City may deny approval of any building
permit, grading permit, subdivision plat, site development plan, 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 TPDES 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, subdivision plat, site development plan or
any other City approval necessary to commence or continue construction,
or to assume occupancy, at the site.
(8)
Any significant modification to the SWPPP for a site of one acre
or more of total land area (or a site which is impacted by off-site
drainage from one acre or more) shall be prepared, signed, and sealed
by a registered professional engineer as required for the original
SWPPP by subsection (B)(3).
(9)
The SWPPP, with the registered professional engineer’s signature
and seal affixed, 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.
(10)
The operator shall make the SWPPP and any modification thereto available
to the City upon request (as well as the EPA and state inspectors).
(11)
The City may notify the operator at any time that the SWPPP does
not meet the requirements of the construction general permit, any
applicable individual or group TPDES 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 article which are not being met
by the SWPPP, and identify which provisions of the SWPPP require modification
in order to meet such requirements. Within seven (7) days of such
notification from the City (or as otherwise provided by the City),
the operator shall make the required changes to the SWPPP and shall
submit to the City a written certification that the requested changes
have been made.
(12)
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, 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.
(13)
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.
(14)
Based on the results of the inspections required by subsection (B)(13),
the site description and the pollution prevention measures identified
in the SWPPP shall be revised as appropriate, but in no case later
then seven calendar days following the inspection. Such modification
shall provide for timely implementation of any changes to the SWPPP
within seven calendar days following the inspection.
(15)
A report summarizing the scope of any inspection required by subsection
(B)(13), and the name(s) and qualifications of personnel making the
inspection, the date(s) of the inspection, major observations relating
to the implementation of the SWPPP, and actions taken in accordance
with subsection (B)(14) above 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.
(16)
The operator shall retain copies of any SWPPP and all reports required
by this article or by the TPDES permit for the site, and records of
all data used to complete the NOI or construction site notice, for
a period of at least three years from the date that the site is finally
stabilized.
(17)
Where a site that disturbs five acres or more (or a common plan of
development or sale within which five acres or more are disturbed)
has been finally stabilized and all stormwater discharges from construction
activities that are authorized by this article and by the TPDES 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 a copy of the notice
of termination (NOT) that includes the information required for notices
of termination by the construction general permit.
(18)
Upon final stabilization of the construction site, the owner (or
the duly authorized representative thereof) shall submit written certification
to the City 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 City
has determined, following any appropriate inspection, that final stabilization
has, in fact, occurred and that any required permanent structural
controls have been completed.
(Ordinance 5829, secs. 5, 6 adopted 6/1/04)
(A)
All
operators of (1) municipal landfills; (2) hazardous waste treatment,
disposal, and recovery facilities; (3) industrial facilities that
are subject to section 313 of Title III of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) 42 USC sec. 11023; and (4)
industrial facilities that the City 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 a TPDES industrial stormwater
permit (general or industrial) shall submit a signed copy of its notice
of intent (NOI) to the City at least two (2) days prior to the commencement
of the industrial activity at the facility. If industrial activity
is already underway upon the effective date of this article, the NOI
shall be submitted within thirty (30) days. Where the operator of
a facility with a stormwater discharge associated with industrial
activity which is covered by an industrial stormwater permit changes,
the new operator of the facility shall submit an NOI at least two
(2) days prior to the change.
(2)
A stormwater pollution prevention plan (SWPPP) shall be prepared
and implemented in accordance with the requirements of the Industrial
stormwater 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 signed, and sealed by a registered professional
engineer.
(4)
The SWPPP shall be completed prior to the submittal of the NOI to
the City 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 industrial stormwater
permit and this article. Any update or modification to the SWPPP shall
be signed, and sealed by a registered professional engineer.
(5)
A copy of any NOI that is required by subsection (A)(1) 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.
(6)
The City may require any operator who is required by subsection (A)(2)
to prepare a SWPPP to submit the SWPPP, and any modifications thereto,
to the City for review. Such submittal and review of the SWPPP may
be required by the City prior to commencement of or during industrial
activity at the facility.
(7)
Upon the City’s review of the SWPPP and any site inspection
that the director 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 industrial stormwater permit 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 application
for a permit or other City approval necessary to commence or continue
operation of the industrial facility.
(8)
Any modification to the SWPPP shall be signed, and sealed by a registered
professional engineer, as required for the original SWPPP by subsection
(A)(3).
(9)
The SWPPP, with the registered professional engineer’s signature
and seal affixed, and 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.
(10)
The operator shall make the SWPPP and any modification thereto available
to the City upon request (as well as to EPA and state inspectors).
(11)
The City may notify the operator at any time that the SWPPP does
not meet the requirements of the industrial stormwater permit or any
additional requirement imposed by or under this article. Such notification
shall identify those provisions of the permit or article which are
not being met by the SWPPP, and identify which provisions of the SWPPP
require modifications in order to meet such requirements. Within not
less than thirty (30) days of such notification from the City (or
as otherwise provided by the City), the operator shall make the required
changes to the SWPPP and shall submit to the City a written certification
that the requested changes have been made.
(12)
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.
(13)
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.
(14)
Qualified personnel (provided by the operator) shall conduct comprehensive
site compliance evaluations as required by part IV.D.4 of the industrial
stormwater permit or by any part of a group or individual 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 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 twelve weeks after the compliance
evaluation.
(15)
A report summarizing the scope of the comprehensive site compliance
evaluation required by subsection (A)(13), personnel making the compliance
inspection, the date(s) 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 three years 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 industrial stormwater 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 City within ten days of its completion.
(16)
If the industrial facility is required by an industrial stormwater
permit to conduct monitoring, a signed copy of each monitoring report
shall be submitted to the City.
(17)
If the industrial facility is required by an industrial stormwater
permit to conduct monitoring, records of the monitoring results shall
be retained at the facility and made available to the City upon request.
If expressly required by the City, a written report of the annual
monitoring shall be prepared and submitted to the City.
(18)
By written notice, the City may require any industrial facility identified
in accordance with this section to implement a monitoring program
that includes the submission of quantative data on the following constituents:
any pollutants limited in effluent guidelines subcategories, where
applicable; any pollutant listed in an existing NPDES/TPDES permit
for the facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus,
total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information
on discharges required under 40 C.F.R. 122.21(g)(7)(iii) and (iv).
The City may require written reports of any such monitoring to be
submitted.
(19)
By written notice, the City may require any industrial facility identified
in this section to conduct semi-annual or annual monitoring of stormwater
discharges, or the City may specify an alternative monitoring frequency
and specify additional parameters to be analyzed. The City may require
written reports of any such additional monitoring to be submitted.
(20)
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 subsection (A)(23)
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:
(a)
At least one year after all stormwater discharges associated with
industrial activity at the facility are eliminated;
(b)
The operator ceases to operate that facility, and the required notice
of termination (NOT) has been submitted; or
(c)
Six years from the date the record was produced or prepared, whichever
event occurs first.
(21)
For discharges subject to monitoring requirements of an industrial
stormwater permit, in addition to the records-retention requirements
of the subsection above, operators are required to retain, for a six-year
period from the date of sample collection, records of all monitoring
information collected. Operators must submit such monitoring results,
and a summary thereof, to the City upon request.
(22)
As expeditiously as practicable, but in no case later then October
1, 1995, any discharge composed of coal pile runoff shall comply with
the following limitations: no discharge shall exceed a maximum concentration
for any time of 50 mg/l total suspended solids, nor shall such runoff
be diluted with stormwater or other flows in order to meet this limitation;
the pH of such discharges shall be within the range of 6.0 through
9.0. Any untreated overflow from facilities designed, constructed,
and operated to treat the volume of coal pile runoff which is associated
with a ten-year, 24-hour rainfall event shall not be subject to the
50 mg/l limitation for total suspended solids.
(23)
Where all stormwater discharges associated with industrial activity
that are authorized by this article, and by the NPDES/TPDES 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 City a notice of termination (NOT) that includes the
information required for notices of termination of the industrial
stormwater permit.
(B)
All operators of a facility with stormwater discharge associated with industrial activity not included in subsection (A) above, shall comply with all the requirements listed in subsection (A) but with the following modifications:
(1)
The SWPPP shall be prepared and signed by a responsible corporate
officer (as defined in the instructions for the NOI) or by such other
person who is authorized to bind the operator. The signature shall
constitute the attestation of the person signing and the operator
that the SWPPP fully complies with the requirements of the industrial
stormwater permit and with any additional requirement imposed by or
under this article. The SWPPP shall contain the name, title and business
address of the person signing the SWPPP, and the date that the SWPPP
was so signed.
(2)
Any significant modification to the SWPPP shall be prepared and signed
by a person with authority to bind the operator.
(3)
The SWPPP, with the authorized signature, and with any modifications
attached, shall be retained at the industrial facility from the date
of commencement of operations until all stormwater discharges associated
with the industrial activity at the facility are eliminated and the
required NOT has been submitted.
(C)
It
is an offense for any person required to possess a stormwater permit
issued by the TCEQ/EPA to discharge stormwater to the MS4 unless the
person possesses such stormwater permit and the stormwater permit
is valid and current. No person required to possess a SWPPP by this
article shall discharge stormwater to the MS4 unless the person possesses
a valid and current SWPPP.
(Ordinance 5829, sec. 7, adopted 6/1/04)
(A)
Right
of entry; inspection and sampling.
The City 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 City
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 pertaining to stormwater. Dischargers shall
make available to the City, upon request, any SWPPPs, modifications
thereto, self-inspection reports, monitoring records, compliance evaluations,
notices of intent, construction site notice, and any other records,
reports, and other documents related to compliance with this article
and with any state or federal discharge permit.
(1)
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 so that, upon presentation of suitable
identification, the City will be permitted to enter without delay
for the purposes of performing the responsibilities of the director.
(2)
The City 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 metering of the discharger’s operations.
(3)
The City may require any discharger contributing a harmful quantity
of a pollutant 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.
(4)
The City 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.
(5)
Unreasonable delays or obstructions in allowing the City access to
the discharger’s premises shall be a violation of this article,
shall be promptly removed by the discharger at the written or verbal
request of the City and shall not be replaced. The costs of clearing
such access shall be borne by the discharger.
(B)
Search
warrants.
If the City has been refused access to any
part of the premises from which stormwater is discharged, and the
director 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
or sample as part of a routine inspection and sampling program of
the City designed to verify compliance with this article or any order
issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the City may seek issuance of a
search warrant from any court of competent jurisdiction.
(Ordinance 5829, sec. 8, adopted 6/1/04)
(A)
All
citizens are encouraged to report to the City 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.
(B)
The
City will designate an individual or office within the Department
of Engineering to receive all such citizen reports by telephone, in
writing, and in person. A written record of each citizen report 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 will inform
the reporting citizen of any action undertaken by the City in response
to the citizen’s report.
(A)
Notification
of violation.
When the City finds that any person has
violated, or continues to violate, any provision of this article,
or any order issued hereunder, the City may serve upon that person
a written notice of violation. Within ten (10) 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 City. If the alleged violator denies that any violation
occurred or contends that no corrective action is necessary, an explanation
of the basis of any such denial or contention shall be submitted to
the City within ten (10) days of receipt of the notice. Submission
of an explanation 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 City to take any action, including emergency action
or any other enforcement action, without first issuing a notice of
violation.
(B)
Emergency
cease and desist orders.
When the City finds that any
person has violated, or continues 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(s)
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 City 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 article requirements; and
(2)
Take such appropriate preventive action as may be needed to properly
address a continuing or threatened violation, including immediately
halting operations and terminating the discharge.
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Any person notified of an emergency order directed to it under
this subsection 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 City
may take such steps as deemed necessary to prevent or minimize harm
to the MS4 or waters of the United States, or endangerment to persons
or to the environment, including immediate termination of a facility’s
water supply, sewer connection, or other municipal utility services.
The City may allow the person to 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 City within five (5) days of receipt
of the emergency order. Issuance of an emergency cease and desist
order shall not be a bar against, or a prerequisite for, taking any
other action against the violator.
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(C)
“Red
tags.
” Whenever the City finds that any operator of a construction site has violated, or continues to violate, any provision of section 31.175, or any order issued thereunder, the City may order that a “red tag” be issued to the operator, 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 City, the “red tag” shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the City associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a “red tag” order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(A)
Reconsideration
and hearing.
(2)
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.
(3)
In its petition, the petitioning party must indicate the provisions
of the order objected to, the reasons for the objection(s), 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.
(4)
The effect of any red tag order shall be stayed pending the City’s reconsideration of the petition, and any hearing thereon, unless the City expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 31.178(B) shall not be stayed pending the City’s reconsideration, or any hearing thereon, unless the City expressly and in writing stays the emergency order.
(5)
Within fifteen (15) days of the submittal of a petition for reconsideration,
the City shall either:
(6)
Written notice of any hearing set by the City pursuant to subsection
(A)(5) above shall be served on the petitioning party personally or
by registered or certified mail (return receipt requested) at least
ten (10) days prior to the hearing. Such notice may be served on any
authorized representative of the petitioning party.
(7)
An authorized director of the City may conduct the hearing and take
evidence, or the director may designate any employee of the City or
any specially designated attorney or engineer to:
(a)
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.
(b)
Take evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the City for
action thereon.
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At any hearing held pursuant to this subsection, testimony taken
shall be under oath and recorded. Any party is entitled to present
the party’s 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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(8)
After the director conducting the hearing has reviewed the evidence,
the director shall either:
(a)
Grant the petition;
(b)
Deny the petition; or
(c)
Grant the petition in part and deny it in part.
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The City may modify the order as is appropriate based upon the
evidence and arguments presented at the hearing and the action of
the director on the petition. Further orders and directives as are
necessary and appropriate may be issued.
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(B)
Appeal.
(1)
Any person whose petition for reconsideration by the City has not
been granted in its entirety and who remains adversely affected by
the City’s order may appeal the action to the City Council by
filing a written appeal with the City Council within ten (10) days
of the person’s notice of the City’s adverse action on
the petition for reconsideration.
(2)
Failure to submit a timely written appeal to the City Council shall
be deemed to be a waiver of further administrative review.
(3)
In its written appeal to the City Council, the appealing party shall
indicate the particular provisions of the order objected to, the particular
determinations of the City that are contested, the reasons that the
City’s order or determinations are contested, and any alternative
order that the appealing party would accept.
(4)
The effect of the City’s order, as issued or modified, shall
not be stayed pending the appeal to the City Council, unless the City
Council expressly so states.
(5)
Within thirty (30) days of the submittal of a written appeal to the
City Council, the City Council shall hear and consider the appeal
in open meeting. The appellant shall be notified at least fifteen
(15) days in advance of the date and time of the City Council meeting
at which the appeal will be heard and considered.
(6)
The appellant shall have the right to public appearance before the
City Council to present oral and written statements in support of
the appeal. If the City Council wishes to consider testimony of witnesses
or other evidence beyond that in the record of any hearing before
the authorized director, the City Council may remand the matter to
that director for the taking of additional testimony or other evidence.
(7)
Upon consideration of any written and oral statements made to the
City Council, as well as the record made before the City, the City
Council shall act on the appeal by affirming, vacating, or modifying
the order of the City, or by remanding the matter to the City for
further action.
(8)
Following final action by the City Council on the appeal, any adversely
affected party may challenge such action by the City Council in an
appropriate court of competent jurisdiction.
(A)
Civil
remedies.
Pursuant to section 54.012(5) of the Texas
Local Government Code, the provisions of subchapter B of chapter 54
of the Texas Local Government Code are hereby implemented for any
violation of this article, any such violation being classified by
the Texas Penal Code as a class C misdemeanor, so that the City may
seek civil penalties and injunctive relief under the provisions of
subchapter B of chapter 54 [of the Texas Local Government Code].
(B)
Criminal
penalties.
(1)
Except as otherwise provided in this article, 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 of not more than $2,000.00 per violation, per
day, or any greater fine authorized by state statute.
(2)
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 of not more than $2,000.00 per violation, per day, or any greater
fine authorized by state statute.
(3)
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.
(C)
Civil
suit under the Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of section 26.121 of the Texas Water Code, or any rule, permit, or order of the state 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 state 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 subsection (a) of section 26.123 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to section 26.124 of the Texas Water Code. In any suit brought by the City under this subsection, the state commission on environmental quality is a necessary and indispensable party.
(D)
Remedies
nonexclusive.
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.
