This division establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
of the city in order to comply with requirements of the Texas Pollutant
Discharge Elimination System (TPDES) permit process. The objectives
of this division are:
(1)
To regulate pollutants from stormwater discharges into and from the
MS4;
(2)
To prohibit illicit connections and discharges to the MS4;
(3)
To control the discharge of spills and prohibit dumping or disposal
of materials other than stormwater into the small MS4;
(4)
To enforce compliance with the permittee’s ordinances, permits,
contracts, or orders;
(5)
To require installation, implementation, and maintenance of control
measures;
(6)
To receive and collect information, such as stormwater plans, inspection
reports, and other information deemed necessary to assess compliance
with this permit, from operators of construction sites, new or redeveloped
land, and industrial and commercial facilities;
(7)
To establish legal authority to implement inspection and enforcement
procedures to ensure compliance with this division;
(8)
To respond to non-compliance with best management practices (BMPs)
required by the small MS4 consistent with its ordinances or other
regulatory mechanism(s);
(9)
To assess penalties, including monetary, civil, or criminal penalties;
and
(10)
To enter into interagency or interlocal agreements or other maintenance
agreements, as necessary.
(Ordinance 2019-04-01 adopted 4/16/19)
Property owner or agent of a property owner who filed an
application for a stormwater authorization under a TPDES general permit
or an individual TPDES permit.
Employees or designees of the mayor of the city or the Texas
Commission on Environmental Quality (TCEQ) have authority to enforce
this division and/or the TPDES regulations.
Schedule of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management
practices to prevent or reduce the discharge of pollutants. BMPs also
include treatment practices, operating procedures, and practices to
control runoff, spills or leaks, waste disposal, or drainage from
raw materials storage areas.
Any structure, either temporary or permanent, with walls
and a roof, designed to shelter a person, animal, or property, and
occupying more than 100 square feet of area.
Includes soil disturbance, including clearing, grading, excavating,
and other construction related activities (e.g., stockpiling of fill
material and demolition); and does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity, or original purpose of the site (e.g., the routine grading
of existing dirt roads, asphalt overlays of existing roads, the routine
clearing of existing rights-of-ways, and similar maintenance activities).
Regulated construction activity is defined in terms of small and large
construction activity.
Large construction activity.
Construction activity that results in land disturbance of
equal to or greater than five (5) acres of land. Large construction
activity also includes the disturbance of less than five (5) acres
of total land area that is part of a larger common plan of development
or sale if the larger common plan will ultimately disturb equal to
or greater than five acres of land.
Small construction activity.
Construction activity that results in land disturbances equal
to or greater than one (1) acre and less than five (5) acres of land.
Small construction activity also includes the disturbance of less
than one (1) acre of total land area that is part of a larger common
plan of development or sale if the larger common plan will ultimately
disturb equal to or greater than one (1) and less than five (5) acres
of land.
Curbs, gutters, manmade channels and ditches, drains, pipes,
and other constructed features designed or used for flood control
or to otherwise transport stormwater runoff.
Any item or agent (biological, chemical, physical) that has
the potential to cause harm to humans, animals, or the environment,
either by itself or through interaction with other factors.
Any manmade conveyance connecting an illicit discharge directly
to a municipal separate storm sewer.
Any discharge to a municipal separate storm sewer that is
not entirely composed of stormwater, except discharges pursuant to
a TPDES stormwater general permit or a separate authorization and
discharges resulting from emergency firefighting activities.
Any activity which changes the volume or discharge rate of
stormwater runoff from the land surface. This includes grading, digging,
cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity
which bares soil or rock or involves the diversion or piping of any
natural or manmade watercourse.
A formal contract between a local government and a property
owner to guarantee long-term maintenance of stormwater management
practices.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or as the owner’s agent.
In accordance with the Texas Water Code, §26.001(13)
a pollutant includes the following: dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, filter backwash, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste discharged into any water in the
state.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Rainfall runoff, snow-melt runoff, and surface runoff and
drainage.
The use of structural or non-structural control practices/BMPs
designed to reduce stormwater pollutant runoff, discharge volumes,
peak flow discharge rates, and detrimental changes in stream temperature
that affect water quality.
A document that describes the Best Management Practices and
activities to be implemented by the permit holder to identify sources
of pollution or contamination at a site and actions to eliminate or
reduce pollutant discharges.
Structural or nonstructural measures to minimize stormwater
runoff to surface water in the state.
Lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the
Gulf of Mexico inside the territorial limits of the state (from the
mean high water mark (MHWM) out 10.36 miles into the Gulf), and all
other bodies of surface water, natural or artificial, inland or coastal,
fresh or salt, navigable or non-navigable, and including the beds
and banks of all watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or subject to the
jurisdiction of the state; except that waters in treatment systems
which are authorized by state or federal law, regulation, or permit,
and which are created for the purpose of waste treatment are not considered
to be water in the state.
A permit issued by the TCEQ, under the authority of Texas
Water Code sections 26.027 or 26.040 that authorizes the discharge
of pollutants into or adjacent water in the state. The TPDES program
is administered under the authority delegated pursuant to 33 U.S.C.
section 1342(b).
Any direct or indirect non-stormwater discharge to the storm drain system except as exempted in section 12.07.035, prohibition of illicit connections, of this division.
(Ordinance 2019-04-01 adopted 4/16/19)
Unless exempted, this division applies to discharges entering
the storm drain system within the jurisdictional limits of the city.
Upon the effective dates of completed annexation of additional lands
into the city, each such annexed additional land shall become part
of the service area.
Land annexed for limited purposes shall become part of the service
area upon annexation for full purposes.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
The city shall administer, implement, and enforce the provisions
of this division. Any powers granted or duties imposed upon the mayor
of the city may be delegated in writing by the mayor of the city to
persons or entities acting in the beneficial interest of the city.
(b)
Authorized individual(s) under this section shall have the authority
to enforce this division in its entirety and shall be designated as
a TPDES stormwater manager and/or inspector. Any person subject to
an industrial or construction TPDES stormwater discharge permit or
authorization shall comply with all provisions of the permit and may
be required by the city to have authorization to discharge stormwater
into the MS4.
(Ordinance 2019-04-01 adopted 4/16/19)
The city has the authority to prohibit illicit discharges and
illicit connections in accordance with TPDES phase II MS4 permit TXR040000
part III section A.3.(a)(2)a. This division prohibits unauthorized
discharges into the storm drain system. No person shall release discharges
into the municipal storm drain containing any pollutants that cause
or contribute to a violation of water quality standards, other than
stormwater or authorized non-stormwater discharges. Allowable non-stormwater
discharges include:
(1)
Water line flushing (excluding discharges of hyperchlorinated water,
unless the water is first dechlorinated and discharges are not expected
to adversely affect aquatic life;
(2)
Runoff from landscape irrigation, lawn irrigation, and other irrigation
utilizing potable water, groundwater, or surface water sources;
(3)
Discharges from potable water sources that do not violate Texas Surface
Water Quality Standards in accordance with 30 TAC 307;
(4)
Diverted stream flows; and
(5)
Individual residential vehicle washing.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
The city has the authority to respond to and contain other releases.
The local jurisdiction must control the discharge of a spill and prohibit
dumping or disposal of material other than stormwater and authorized
non-stormwater discharges into the small MS4 in accordance with TPDES
phase II MS4 permit TXR040000 part III section A.3.(a)(2)b. Any person
in violation of this division may risk having their discharge authorization
to the MS4 terminated. The authorized enforcement agency will notify
the violator of the proposed termination of its authorization. The
violator may petition the city to reconsider and schedule a hearing.
(b)
When the person responsible has knowledge of any known or suspected
release of materials resulting in or potentially resulting in unauthorized
discharges into a storm sewer system or surface water in the state,
the person must contain and clean up the release. If hazardous materials
are released, the person must immediately notify emergency response
agencies. If non-hazardous materials are released, the person must
notify the authorized enforcement agency no later than the next business
day. Notifications in person or by telephone must be confirmed by
written notice addressed and mailed to the city.
(c)
During emergency situations involving unauthorized discharges from
illicit connections, the city may suspend a person’s MS4 authorization
to stop an actual or threatened discharge which may present danger
to the MS4 or surface water in the state. If the violator fails to
comply, the authorized enforcement agency may take necessary steps
to prevent or minimize damage to the MS4 or surface water in the state.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
The city can enforce compliance with the permittee’s ordinances,
permits, contracts, or orders in accordance with TPDES phase II MS4
permit TXR040000 part III section A.3.(a)(2)c.
(b)
Unless specifically excluded by this division, the land owner or operator seeking a permit for land disturbance activity shall submit to the local jurisdiction a permit application on a form provided for that purpose. The permit application must be accompanied by the following: a stormwater management plan (as referenced in section 12.07.039, “requirements for stormwater management plan approval,” in this division); a stormwater maintenance agreement and a non-refundable permit review fee.
(c)
Note that TPDES construction general permit TXR150000 requires regulated
construction activities (those disturbing one acre or more) to provide
a signed and certified construction site notice to the operator of
any MS4 receiving the construction site stormwater discharge prior
to commencement of land disturbing activities. See TXR150000 part
II sections E.1.(f), 2.(c), and 3.(d) and (f).
(1)
Application fee.
The city may adopt a land development
application fee based upon the amount of land to be disturbed, such
fee structure to be established in the city’s adopted fee schedule.
(2)
Application procedure.
Permit applications shall include
the following: the stormwater management plan, the maintenance agreement,
and any required application fees.
(Ordinance 2019-04-01 adopted 4/16/19)
The city has the authority to require installation, implementation,
and maintenance of control measures in accordance with TPDES phase
II MS4 permit TXR040000 part III section A.3.(a)(2)d.
(1)
Maintenance easement.
Prior to the issuance of any permit
that has a stormwater management facility the applicant of the site
must implement a maintenance easement agreement that binds all subsequent
owners of land served by the stormwater management facility. The agreement
allows the city or their contractor/agent access to the facility to
periodically inspect if the facility is maintained in proper working
condition and meets design standards and other provisions established
by this division. The easement agreement shall be recorded by the
city in the land records.
(2)
Maintenance covenants.
The applicant of the site must
develop a maintenance covenant articulating a schedule of maintenance
activities and plans for periodic inspections to assess the proper
functioning of the stormwater management facility. The maintenance
covenant shall be approved by the city and recorded into the land
record prior to final plan approval.
(3)
Requirements for annual self-inspections.
All stormwater
management facilities must undergo, at minimum, an annual self-inspection
to document maintenance and repair needs and to verify compliance
with the requirements of this division. The inspections report must
be in writing and submitted to the city. Maintenance and repair may
include: removal of silt, litter, and other debris from all catch
basins, inlets and drainage pipes; cutting grass and vegetation removal;
and replacement of landscape vegetation. Maintenance needs must be
addressed in a timely manner as determined by the city. The city may
implement more stringent inspection and maintenance requirements.
(4)
Failure to maintain practices.
If the stormwater management
facility becomes a danger to public safety or public health, the city
shall notify the party responsible for maintenance of the stormwater
management facility in writing. Upon receipt of that notice, the responsible
person shall have ten (10) days to meet maintenance and repair requirements.
If the owner of the facility fails to comply with the requirements
of the maintenance covenant, the city, after reasonable notice, may
perform all necessary work to bring the facility into compliance and
file a lien against the property to recover the associated costs.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
The city has the authority to receive and collect information (i.e.
stormwater pollution prevention plans, inspection reports, etc.) from
any person (i.e. operators of regulated construction sites, new or
redeveloped land, and industrial and commercial facilities) in accordance
with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2).e
to assess compliance with this permit.
(b)
A stormwater management plan shall accompany all permit applications
and include detailed information (e.g. maps, hydrologic calculations,
etc.) to evaluate the environmental characteristics of the project
site, potential impacts of proposed developments (both present and
future), and the effectiveness of proposed stormwater management measures
to regulate stormwater runoff.
(c)
The stormwater management plan shall include:
(1)
Contact Information: The name, address, and telephone number of all
persons with a legal interest in the property and the tax reference
number and parcel number of the property or properties affected.
(2)
Map(s) identifying the location of existing and proposed buildings,
roads, parking areas, utilities, and structural stormwater management
and sediment control facilities. The map(s) must show proposed land
use and percentage of surface area to be adapted to various uses.
The maps must identify drainage patterns, locations of utilities,
roads and easements, the limits of clearing and grading, and a written
description of the site plan.
(3)
Sufficient engineering analysis to demonstrate the proposed stormwater
management measures will control runoff from the site.
(4)
An inventory of the natural resources at the site and surrounding
area prior to proposed activities and a description of the watershed
and its relation to the project site. The description should include
the soil conditions, forest cover, topography, wetlands, and other
native vegetative areas on the site. Particular attention should be
paid to environmentally sensitive features that provide particular
opportunities or constraints for development.
(5)
A written description of the maintenance requirements for any proposed
stormwater management facility.
(6)
An erosion and sediment control plan may be included for all construction
activities involving on-site stormwater management practices. An erosion
and sediment control plan is a set of plans that indicate the specific
measures for the erosion and sediment control on a development site
during and after construction.
(d)
For any activity on a previously developed site, the applicant must
indicate within the stormwater management plan the best management
practices it will utilize to control stormwater runoff from the site
in accordance with the standards of this Division. If modifications
to the stormwater management plan are necessary by the City of Lavon,
a final stormwater management plan must be submitted for review and
approval by the TCEQ.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
The city has the authority to enter and inspect private property
including facilities, equipment, practices, or operations related
to stormwater discharges to the small MS4 in accordance with TPDES
phase II MS4 permit TXR040000 part III section A.3.(a)(2)f.
(b)
With regard to industrial and/or construction stormwater discharges:
(1)
The city may enter and inspect facilities, equipment, practices and
operations subject to regulation under this Division as often as necessary
to determine compliance with this division. If a discharger’s
security measures require proper identification and clearance before
entry into the premises, the discharger shall make necessary arrangements
to allow access to representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the city access to all parts of the
premises for the purposes of inspection, sampling, examination and
copying of records.
(3)
The city shall have the right to monitor and/or sample the facility’s
stormwater discharge.
(4)
The city may require the discharger to install and maintain necessary
sampling and monitoring equipment.
(5)
The operator must remove temporary or permanent obstruction(s) at
the written or oral request of the city to allow safe and easy access
to the facility for inspection and/or sampling purposes. The costs
of clearing access will be borne by the operator and the obstructions
may not be replaced.
(6)
Unreasonable delays in allowing the city access to a permitted facility
is a violation of a TPDES stormwater discharge permit and of this
division. A person commits an offense if the authorized enforcement
agency is denied reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
division.
(Ordinance 2019-04-01 adopted 4/16/19)
The city has the authority to respond to non-compliance with
BMPs required by the small MS4 in accordance with TPDES phase II MS4
permit TXR040000 part III section A.3.(a)(2)g. The city shall adopt
measures to identify BMPs for any activity, operation, or facility
which may facilitate pollution of stormwater, the storm drain system,
or surface water in the state. The owner or operator of a commercial
or industrial establishment shall implement, at their own expense,
appropriate pollution control measures through the use of structural
and non-structural BMPs to prevent and reduce discharge of pollutants
into the municipal storm drain system or watercourses. The BMPs must
be identified in the stormwater pollution prevention plan (SWP3) to
satisfy requirements of the TPDES permit.
(Ordinance 2019-04-01 adopted 4/16/19)
(a)
Enforcement; notice of violation.
(1)
The city has the authority to assess penalties, including monetary,
civil, or criminal penalties in accordance with TPDES phase II MS4
permit TXR040000 part III section A.3.(a)(2)h.
(2)
If the city finds a person in violation with this Division, the authorized
enforcement agency may order compliance by written notice of violation
to the responsible person. Such notice may require:
(A)
Monitoring, analysis, and reporting.
(B)
Elimination of illicit connections or discharges.
(C)
Termination of existing discharges or practices and/or operations
in violation of this division.
(D)
Abatement and/or remediation of stormwater pollution or contamination
hazards.
(E)
Payment of fines to cover administrative and remediation costs.
(F)
Implementation of pollution control measures or treatment BMPs.
(3)
The notice of violation must advise that, if the violator fails to
remediate the site by the deadline, a designated governmental agency
or contractor will restore the site at the expense of the violator.
(4)
If the property must be remediated, no later than the tenth (10th)
day after receipt of the notice of violation, the violator shall submit
to the city an explanation of the violation and a plan for the satisfactory
correction and prevention of a reoccurrence of the violation. Such
plan shall include specific actions to be taken by the violator to
restore the site.
(b)
Appeal of notice of violation.
Any person receiving
a notice of violation may appeal the determination to the municipal
court judge. The notice of appeal must be received by the court clerk
within ten (10) days from the date of the notice of violation. Hearing
on the appeal before the appropriate authority or designee shall take
place within twenty (20) days from the date of receipt of the notice
of appeal. The decision of the municipal court judge shall be final.
(c)
Enforcement measures after appeal.
If the violation
remains uncorrected after ten (10) (days) pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
then representatives of the authorized enforcement agency shall enter
the regulated property to take the necessary actions to abate the
violation and/or restore the property. It shall be unlawful for any
person to refuse a representative or agent of the city to enter upon
the premises for the purposes set forth above.
(d)
Cost of abatement of the violation.
Within ten (10)
days after abatement of the violation, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest objecting to the amount
of the assessment within ten (10) days to the city administrator.
If the amount due is not paid within a timely manner as determined
by the decision of the local jurisdiction or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this division shall become liable to the city
by reason of such violation.
(e)
Injunctive relief.
It is unlawful for any person to
violate any provision or fail to comply with any of the requirements
of this division. If a person has violated or continues to violate
the provisions of this division, the city may petition for a preliminary
or permanent injunction restraining the person entity from activities
prompting further violations or compel the person to perform abatement
or remediation of the violation(s).
(f)
Criminal prosecution.
Any person that violated or continues
to violate this division shall be liable to criminal prosecution to
the fullest extent of the law, and shall be subject to a criminal
penalty of not more than five hundred dollars ($500.00) per violation.
(Ordinance 2019-04-01 adopted 4/16/19)
The city has the authority to enter into interagency or interlocal
agreements or other maintenance agreements, as necessary in accordance
with TPDES phase II MS4 permit TXR040000 part III section A.3.(a)(2)i.
This agreement will include maintenance easements to access and inspect
stormwater control practices, and perform routine maintenance to ensure
proper stormwater control. A legally binding covenant will identify
the responsible parties to maintain stormwater control practices.
(Ordinance 2019-04-01 adopted 4/16/19)
The standards set forth herein and promulgated pursuant to this
division are minimum standards; therefore, this division does not
intend nor imply that compliance by any person will ensure prevention
of contamination, pollution, and unauthorized discharge of pollutants.
(Ordinance 2019-04-01 adopted 4/16/19)
