The purpose of this article is to:
(1) 
Maintain and improve the quality of surface water and groundwater within the town, the North Central Texas Region, and the state;
(2) 
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 town;
(3) 
Promote public awareness of the hazards involved in the improper discharge of hazardous substances, household hazardous waste, industrial waste, sediment from construction sites, and other contaminants into the storm sewers and natural waters of the town;
(4) 
Facilitate compliance with state and federal water quality standards, limitations, and permits by owners and operators of commercial and industrial activities and construction sites within the town; and
(5) 
Enable the town to comply with all federal and state laws and regulations applicable to stormwater discharges.
(Ordinance 15-766 adopted 6/22/15)
It shall be the joint duty and responsibility of the public works director and community development director or their authorized representatives to administer, implement and enforce the provisions of this article. However, each department director shall also implement and enforce the provisions of this article for all municipal operations under his/her direction.
(Ordinance 15-766 adopted 6/22/15)
The following abbreviations when used in this article shall have the designated meanings:
BMP - Best management practices
CFR - Code of Federal Regulations
EPA - U.S. Environmental Protection Agency HHW - Household hazardous waste
LPE - Licensed professional engineer
MS4 - Municipal separate storm sewer system MSGP - Multi-sector general permit
NOC - Notice of change NOI - Notice of intent
NOT - Notice of termination
NPDES - National Pollutant Discharge Elimination System SWPPP - Stormwater pollution prevention plan
TCEQ - Texas Commission on Environmental Quality TPDES - Texas Pollutant Discharge Elimination System USC - United States Code
(Ordinance 15-766 adopted 6/22/15)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
Best management practices (BMPs).
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.
Commencement of construction.
The initial disturbance of soils associated with clearing, grading, excavating, landfilling, and other construction activities.
Commercial.
Pertaining to any business, trade, industry, or other activity engaged in for profit.
Common plan of development.
A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities.
Construction.
Any human activity that involves clearing, grading, excavation, landfilling, or other placement, movement, removal, or disposal of soil, rock, or other earth materials.
Construction general permit (CGP).
The Texas Construction General Permit TXR150000, its successor or any other state regulation to control runoff from construction sites issued by the Texas Commission on Environmental Quality (TCEQ) or the state regulatory authority.
Construction site(s).
Any clearing, grading, and excavating that results in land disturbance. A construction site also includes but is not limited to any stockpiling or other activity that results in exposed soils. This includes the construction of pools and the installation and maintenance of public utilities such as telephone, gas, electric, telecommunications, etc. This excludes the disturbance of soils for emergency activities that are immediately necessary for the protection of life, property, or natural resources.
Contaminated.
Containing a harmful quantity of any substance.
Director.
The public works director and/or the community development director for the town, or their authorized representative.
Discharge.
Any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal separate storm sewer system (MS4).
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.
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.
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.
Erosion and sediment control submittal packet.
Documents, including a set of plans prepared by or under the direction of the owner or operator of the construction site that indicate the specific measures and sequencing to be used to control erosion and sediment on a construction site during and after construction and supporting documents as specified by the town’s erosion and sediment control manual.
Erosion control.
A measure that minimizes erosion to the maximum extent practicable.
Facility.
Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
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 seventy percent (70%) of the cover for unpaved areas and areas not covered by permanent structures have been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. (Note: The pervious area shall be uniformly vegetated such that randomly chosen areas, as would be enclosed by a hula hoop, each have a vegetation density at least seventy percent (70%).)
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.
Grading.
Changing the elevation of a parcel of land by means of moving earthen material including excavation or fill of material, including the resulting conditions thereof.
Harmful quantity.
The amount of any substance that will cause pollution of water in the state.
Hazardous material.
Any substance or materials determined to be hazardous by the secretary of transportation according to 49 CFR part 171.8.
Hazardous substance.
Any substance listed in table 302.4 of 40 CFR part 302.
Hazardous waste.
Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR part 261.
Household hazardous waste (HHW).
Any material generated in a household (including single and multiple residences, hotels and motels, 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.
Industrial waste.
Any byproduct that results from any process of industry, manufacturing, mining, production, trade, business, or facility identified as engaging in an industrial activity under 40 CFR part 122.26.
Landfilling.
The deposition of soil and other inert materials on the land to raise its grade and/or smooth its features.
Licensed professional engineer (LPE).
A person who has been duly licensed (and registered if practicing as an individual) by the Texas Board of Professional Engineers to engage in the practice of engineering in the state.
Motor vehicle fluid.
Any vehicle crankcase oil, antifreeze, transmission fluid, hydraulic fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
Multi-sector general permit (MSGP).
The Texas Multi-Sector General Permit, TXR050000, its successor, or any other state regulation to control runoff from industrial sites issued by the Texas Commission on Environmental Quality (TCEQ) or the state regulatory authority.
Municipal operations.
The day-to-day operation and maintenance activities that have the potential for contributing pollutant runoff to the MS4.
Municipal separate storm sewer system (MS4).
The system of conveyances (including roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the town and designed or used for collecting or conveying stormwater.
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.
NPDES permit.
A permit issued by the EPA (or by the state under authority delegated pursuant to 33 USC section 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 areawide basis.
Notice of change (NOC).
The notice of change that is required by the TPDES general permit related to stormwater discharges associated with industrial activity.
Notice of intent (NOI).
The notice of intent that is required by the construction general permit, the multi-sector general permit, or other general permit for the discharge of stormwater.
Notice of termination (NOT).
The notice of termination that is required by either the construction general permit, the TPDES general permit for industrial activity, or other general permit for the discharge of stormwater.
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.
Operator.
The person or persons who, either individually or taken together, meet either of the following two criteria:
(1) 
They have operational control over the facility specifications (including the ability to make modifications in specifications); or
(2) 
They have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
Owner.
The person who owns a facility or part of a facility.
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.
Pollutant.
Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, 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.
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 or the public enjoyment of the water for any lawful or reasonable purpose.
Release.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing, directly or indirectly, into the municipal separate storm sewer system (MS4).
Rubbish.
Nonputrescible solid wastes that consist of:
(1) 
Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
(2) 
Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
Sanitary sewer.
The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the sewage treatment plant utilized by the town.
Sediment control.
Measures that minimize eroded sediment from leaving the site to the maximum extent practicable.
Septic tank waste.
Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
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.
Solid waste.
Any garbage, rubbish, refuse, 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.
State.
The State of Texas.
Stormwater.
Stormwater runoff, snowmelt runoff, and surface runoff and drainage.
Stormwater discharge associated with industrial activity.
The release of stormwater runoff from any conveyance which is used for collecting and conveying stormwater that drains from manufacturing, processing, maintenance, materials storage, or waste storage areas at a facility that meets the criteria listed in 40 CFR section 122.26(b)(14).
Stormwater pollution prevention plan (SWPPP).
A plan required by either the construction general permit, the baseline industrial general permit, or the multi-sector general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction or other industrial activity at the facility.
Temporary stabilization.
A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include BMPs listed in the integrated stormwater management (iSWM) manual produced by the North Central Texas Council of Governments or subsequent similar documents (i.e. temporary seeding, geotextiles, mulches, perimeter controls, and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place).
Texas Commission on Environmental Quality (TCEQ).
The State of Texas agency by that name, the regional offices thereof, any state department, agency, or commission that may succeed to the authority of the TCEQ, and any duly authorized official of TCEQ or such successor agency.
Texas Surface Water Quality Standards.
The standards set forth in title 30, chapter 307 of the Texas Administrative Code.
Town.
The Town of Pantego, Texas, or the town council.
Uncontaminated.
Not containing a harmful quantity of any substance.
Wastewater.
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
Yard waste.
Leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.
(Ordinance 15-766 adopted 6/22/15)
(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, upon presentation of evidence by the discharger, that the discharge was composed entirely of one or more of the following categories of discharges and is not damaging the environment:
(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 or return flow 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;
(4) 
Diverted stream flows;
(5) 
Rising groundwaters and springs;
(6) 
Uncontaminated groundwater infiltration;
(7) 
Uncontaminated pumped groundwater;
(8) 
Foundation and footing drains;
(9) 
Air-conditioning condensation;
(10) 
Water from crawl space pumps;
(11) 
Individual residential vehicle washing;
(12) 
Flows from wetlands and riparian habitats;
(13) 
Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards;
(14) 
Street washwater excluding street sweeper wastewater;
(15) 
Discharges or flows from emergency firefighting activities (firefighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities);
(16) 
Other allowable nonstormwater discharges listed in 40 CFR section 122.26(d)(2)(iv)(B)(1);
(17) 
Nonstormwater discharges that are specifically listed in the TPDES multi-sector general permit (MSGP) TXR050000 or the TPDES construction general permit (CGP) TXR150000;
(18) 
Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and
(19) 
Other similar occasional incidental nonstormwater discharges such as spray park water, unless the TCEQ develops permits or regulations addressing these discharges.
(c) 
No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by a director to be a source of a pollutant or pollutants to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than fifteen (15) calendar days beyond such notice. The correctness of the director’s determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding.
(d) 
The burden of proof that a discharge was composed entirely of one or more of the categories in subsection (b) and that it was not a source of a pollutant or pollutants to the MS4 is upon the person or entity responsible for the discharge.
(Ordinance 15-766 adopted 6/22/15)
(a) 
The specific prohibitions in this section are not inclusive of all the discharges prohibited by the general prohibition in section 13.07.005.
(b) 
No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4:
(1) 
Any used motor oil, antifreeze, hydraulic fluid, or other motor vehicle fluid;
(2) 
Any industrial waste;
(3) 
Any hazardous waste, including household hazardous waste;
(4) 
Any garbage, domestic sewage or septic tank waste, cooking oil, grease trap waste, or grit trap waste;
(5) 
Any trash, rubbish, yard waste or other floatable material;
(6) 
Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment;
(7) 
Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior or exterior mechanical equipment that contains any soap, detergent, degreaser, solvent, other cleaning substance, or a pollutant from the item that is being cleaned, or that has been produced by washwater applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating;
(8) 
Any wastewater from commercial floor, rug, or carpet cleaning;
(9) 
Any wastewater from the washdown or cleaning of parking lots, streets, or other pavement that contains soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other cleaning substance, or that has been produced by washwater applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating; or any wastewater from the washing or cleaning of parking lots, streets, or other pavement where any spill, leak, or other release of hazardous material, hazardous substance, hazardous waste or other pollutant has occurred;
(10) 
Any effluent, overflow or blowdown, from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or boiler;
(11) 
Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch material, or any wastewater or substance from the cleaning of any vehicle or equipment containing, or used in transporting or applying, such material;
(12) 
Any runoff or washdown water from an animal pen, kennel, or containment area;
(13) 
Any filter backwash from a swimming pool;
(14) 
Any swimming pool or hot tub water that has not been dechlorinated;
(15) 
Any discharge from water line disinfection by superchlorination or other means unless the disinfecting chemical has been removed or attenuated to the point where it is not a pollutant;
(16) 
Any contaminated or unpermitted stormwater discharge associated with an industrial activity;
(17) 
Any substance or material that will damage, block, or clog the MS4;
(18) 
Any rubble, debris, rubbish, tile, concrete, brick, asphalt, or other building material resulting from demolition.
(c) 
No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation, landfilling, or other construction activities (including any placement, movement, removal, or disposal of soil, rock, or other earth materials) in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable.
(d) 
No person shall connect an interior drain or any other source of wastewater, domestic or industrial, to the MS4 or allow such a connection to continue.
(e) 
Any person that causes a spill, release, or other discharge of a prohibited substance or other pollutant to the MS4 is solely responsible for the cleanup and removal of the substance from the MS4 or any area adjacent to the MS4 that is exposed to stormwater runoff. Where the person that caused the spill, release, or discharge to the MS4 is unknown, the owner of the property on which the spill, release, or discharge occurred is responsible for the cleanup or removal of the substance from the MS4 or any area adjacent to the MS4.
(Ordinance 15-766 adopted 6/22/15)
(a) 
Sanitary sewer overflows shall be prevented. All sanitary sewer overflows shall be reported to the town as soon as the owner, occupant, or person otherwise having control of the sanitary sewer becomes aware of the overflow and to the appropriate federal and state agencies within twenty-four (24) hours. If a sanitary sewer overflow enters the MS4, the owner, occupant, or person otherwise having control of the sanitary sewer shall remove all sewage and sewage contaminated water from the MS4.
(b) 
Items that are segregated for separate collection, disposal, recycling or reuse shall be stored in a manner that prevents pollutants from entering the MS4. Drums shall be closed, not leaking, and in good condition.
(c) 
Spills and leaks of hazardous materials, hazardous substances, and hazardous wastes or harmful quantity of a pollutant, including motor vehicle fluids, shall be cleaned up immediately after the spill occurs or the leak is detected. Any absorbent used must be picked up before the next rainfall. If washwater is used to clean the spill or leak, the washwater must be collected for appropriate disposal and not allowed to flow into the MS4. Surface soil contaminated by the spill or leak must be removed or otherwise protected from contact with stormwater.
(d) 
Drip pans, absorbent mats, or equivalent controls shall be used to collect and properly dispose of leaking fluids from motor vehicles that are parked outside during maintenance and repairs or while awaiting repairs at commercial repair facilities. Used engines, transmissions, radiators, and other vehicle components that have automotive fluids in or on them shall be stored in a manner that prevents pollutants from entering the MS4.
(e) 
Washwater, detergents, and solvents used for washing parts and equipment shall be collected for disposal in accordance with the appropriate federal and state regulations. Vats of solvents or washbins used outside shall be covered when not in use to prevent rainfall from filling the vat or bin and causing an overflow.
(f) 
Parking lot storm drain inlets shall be maintained free of trash, litter, garbage, rubbish, grass clippings, leaves, and other debris. Such material removed from the inlets shall be disposed of in a trash receptacle and shall not be allowed to enter the MS4.
(g) 
Trash and litter on any parcel of land shall be collected for appropriate disposal prior to mowing.
(Ordinance 15-766 adopted 6/22/15)
(a) 
This article shall apply to all construction sites within the town limits.
(b) 
Requirements for sites disturbing less than one (1) acre or within a common plan of development that is disturbing less than one (1) acre:
(1) 
All construction sites disturbing less than one (1) acre of land or within a common plan of development that is disturbing less than one (1) acre of land shall comply with all sections of this article except sections 13.07.010 and 13.07.011.
(2) 
Any construction site disturbing less than one (1) acre may be required, if directed by a director, to comply with sections 13.07.010 and 13.07.011.
(c) 
Requirements for sites disturbing more than one (1) acre or within a common plan of development that is disturbing more than one (1) acre:
(1) 
All construction sites disturbing more than one (1) acre of land or within a common plan of development that is disturbing more than one (1) acre of land shall comply with all sections of this article.
(2) 
The owner or operator shall ensure that copies of the notice of intent (NOI), notice of change (NOC), notice of termination (NOT), and construction site notice (CSN) are provided to the town when appropriate.
(d) 
Requirements for all construction sites:
(1) 
All sites shall comply with the requirements of the current construction general permit (CGP), when appropriate based upon the acreage of the construction site.
(2) 
Inspections.
(A) 
All construction sites shall be inspected or cause to be inspected by the owner or operator of the site for evidence of or potential for violations of this article. Construction sites subject to a CGP shall be inspected at the frequency required by the CGP or more frequently if directed by a director.
(B) 
All construction sites shall be inspected or caused to be inspected by the owner or operator within twenty-four (24) hours after all rain events exceeding one-half inch (1/2") in addition to inspection requirements in this section. Rain events are determined by the measurement documented by the town.
(C) 
All owners or operators of a construction site disturbing more than one (1) acre of land or within a common plan of development that is disturbing more than one (1) acre of land shall document inspections.
(3) 
Erosion and sediment control measures.
Erosion and sediment control measures shall be designed and established at the construction site in a manner that minimizes erosion and retains sediment on site to the maximum extent practicable with consideration of the topography, soil type, and rainfall. BMPs and control measures described in the integrated stormwater management (iSWM) manual produced by the North Central Texas Council of Governments or subsequent versions are minimum control measures where appropriate; however, BMPs not listed in the iSWM manual may be considered.
(4) 
Preserve existing vegetation.
The owner or operator of the site shall ensure that existing vegetation is preserved to the maximum extent practicable. Should the existing vegetation not be preserved, the owner or operator shall take steps necessary to stabilize the site in order to prevent erosion.
(5) 
Stabilization.
Erosion control and stabilization measures must be initiated as soon as practicable in portions of the construction site where construction activities have temporarily ceased. These measures must be initiated no more than fourteen (14) days after the construction activity in that portion of the construction site where activity has temporarily or permanently ceased.
(6) 
Minimize off-site tracking.
Off-site tracking of sediment, in the form of mud, rocks, dirt, etc. is not permitted. Where required to prevent off-site tracking of sediment, a construction entrance shall be established and maintained.
(7) 
Maintenance.
(A) 
All temporary stabilization measures shall be maintained until final stabilization is established and a notice of termination (NOT) is filed with the TCEQ, when required by the CGP, and the final inspection has been conducted by the town, as described in section 13.07.012 of this article, or transfer of operational control has been completed, as required by the CGP, when appropriate based on the acreage of the construction site.
(B) 
The owner or operator of any site shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls within forty-eight (48) hours of discovery, from owner, operator or town, of failure, damage, or compromise and prior to the next rain event.
(C) 
Failure to maintain BMPs in proper working order shall be a violation of this article.
(8) 
Sediment or silt accumulation.
Should the control measures at a site fail, in part or in total, the owner or the operator shall remove all sediment and siltation accumulation caused by BMP failure from the town’s MS4, including streets and rights-of-way, within forty-eight (48) hours of discovery or prior to the next rain event. Removal includes sweeping streets, sidewalks, and other infrastructure and removing sediment from the MS4.
(9) 
Good housekeeping measures for chemicals and wastes.
Good housekeeping measures shall be provided on site to prevent and contain spills of paints, solvents, fuels, septic waste, and other chemicals hazardous to the public or environment or might cause polluted runoff. Proper cleanup and disposal of any such spills shall be in accordance with state, federal, and local requirements.
(10) 
Waste.
(A) 
A location shall be established on site, or near the site, for personal and construction waste so as to prevent waste from involuntarily leaving the site.
(B) 
Proper waste disposal and waste management techniques shall be implemented, including covering waste materials, minimizing ground contact with regulated or hazardous chemicals and trash, and keeping trash receptacles off of paved surfaces or other locations that drain directly to a storm drain system or local waterway.
(11) 
Sanitary waste.
Sanitary waste facilities shall be maintained so that the waste does not create a hazard to the public or the environment. Sanitary waste facilities should not be placed over any paved surfaces.
(12) 
Dust suppression.
Techniques shall be employed to prevent airborne dust from leaving the site.
(13) 
Street sweeping to remove sediments and siltation.
(A) 
Sediments and other materials that enter the streets shall be limited to the greatest extent practicable.
(B) 
Street sweeping shall be conducted in a manner that minimizes dust, including sweeping during periods of minimal wind or using a vacuum sweeper.
(C) 
All property owners or operators within a common plan of development are expected to coordinate efforts to prevent sedimentation from entering the MS4. All owners or operators of contributing construction sites, as determined at the discretion of the town, shall be held responsible jointly and severally to remove sediments from the street.
(D) 
In absence of a coordinated effort amongst all property owners or operators, the town reserves the right to abate the problem and charge all the property owners contributing to the violation.
(14) 
Temporary concrete batch plants.
Temporary concrete batch plants shall comply with zoning requirements.
(15) 
Concrete wash-out.
An operator shall specify a containment area and/or a concrete wash-out device that will be established and maintained for all sites. Failure of concrete delivery trucks to utilize specified concrete wash-out areas shall be a violation of this article.
(Ordinance 15-766 adopted 6/22/15)
It is a violation of this article for any person to damage or allow to be damaged any temporary or permanent stormwater control measures through their actions or inactions without promptly restoring the control measure to an effective and efficient state.
(Ordinance 15-766 adopted 6/22/15)
An erosion and sediment control submittal packet shall be submitted to the town and reviewed and released by the town prior to the commencement of any activity on a construction site.
Commencement of activity before the submittal, review and release of an erosion and sediment control submittal packet shall be a violation of this article.
(1) 
The erosion and sediment control submittal packet shall include all documentation required by the town’s erosion control submittal process as defined in the town’s erosion and sediment control manual.
(2) 
The erosion and sediment control submittal packet shall be submitted to the town no later than ten (10) days prior to commencement of any construction activities.
(Ordinance 15-766 adopted 6/22/15)
(a) 
The town shall review each erosion and sediment control submittal packet submitted for any construction site to determine its conformance with the provisions of this article.
(b) 
Temporary approval.
With approval from the public works director, a construction site may be temporarily approved for clearing or commencement of construction before approval of the erosion and sediment control submittal packet. This temporary approval may be revoked at any time for any reason a director sees fit for revocation.
(c) 
Responsibility.
The owner or operator shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the town or its officers or agents will not be made liable for such damage, by:
(1) 
The release for implementation of an erosion and sediment control submittal packet under this article;
(2) 
The compliance with provisions of the erosion and sediment control submittal packet or with conditions attached to it by the town;
(3) 
Failure of town officials to observe or recognize hazardous or unsightly conditions;
(4) 
Failure of town officials to recommend denial of release for implementation of an erosion and sediment control submittal packet or to deny an erosion and sediment control submittal packet;
(5) 
Granting exemptions from the requirements of this article.
(d) 
Materials used for temporary erosion control or sediment control (e.g., silt fences, inlet protection) and established in support of the construction site, shall be removed by the owner or operator of the site once final stabilization has been established.
(Ordinance 15-766 adopted 6/22/15)
(a) 
A final acceptance of a public improvement associated with land development, issuance of a certificate of occupancy for a building or the issuance of a final “green tag” for other construction covered by this article shall be contingent upon an inspection for termination.
(b) 
Submit a notice of termination (NOT).
(1) 
Where an NOI has been submitted to the TCEQ, a letter of final acceptance of public improvement, a certificate of occupancy, or final “green tag” shall not be issued until final stabilization is established and maintained as specified in the released erosion control submittal packet. The developer for a subdivision or other large plat shall continue to maintain all temporary erosion and sediment control until final stabilization has been established on all those lots within the subdivision or large plat for which a building permit has not been issued or transfer of operational control has been established in compliance with the CGP.
(2) 
A NOT should not be submitted to the TCEQ or other regulatory agency unless all requirements for submittal have been completed, when required by the CGP.
(3) 
The town reserves the right to refuse issuance of the final acceptance or certificate of occupancy when in disagreement with the submittal of an NOT.
(Ordinance 15-766 adopted 6/22/15)
A director, or his/her authorized representative, shall have the right to enter the premises of any person discharging stormwater to the municipal separate storm sewer system (MS4) 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 a director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties. Dischargers shall make available to a director, upon request, any SWPPP’s, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this article and with any state or federal discharge permit.
(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 with its security guards so that, upon presentation of suitable identification, a director or his/her authorized representative(s) will be permitted to enter without delay for the purposes of performing his/her responsibilities.
(2) 
A director shall have the right to set up on the discharger’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger’s operations.
(3) 
A director may require any discharger to the MS4 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) 
A director may require the discharger to install monitoring equipment as necessary at the discharger’s expense. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of a director and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(6) 
Unreasonable delays in allowing a director access to the discharger’s premises shall be a violation of this article.
(Ordinance 15-766 adopted 6/22/15)
If a director, or his/her authorized representative, has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article or any state or federal discharge permit, limitation, or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town 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 a director may seek issuance of a search warrant from any court of competent jurisdiction. For purposes of this section, the public works director, the community development director, the city engineer, and the duly authorized representatives of these town departmental directors are declared to be “health officers,” as that term is used in the Texas Code of Criminal Procedure, article 18.05.
(Ordinance 15-766 adopted 6/22/15)
When a director finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, a director may serve upon that person a written courtesy notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the courtesy notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the courtesy notice. Nothing in this subsection shall require a director to issue a courtesy notice prior to taking any action, including emergency action or any other enforcement action.
(Ordinance 15-766 adopted 6/22/15)
When a director finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, a director may serve upon that person a written notice of violation. Within ten (10) calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the issuing director. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the issuing director within ten (10) calendar days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this subsection shall require a director to issue a notice of violation prior to taking any action, including emergency action or any other enforcement action.
(Ordinance 15-766 adopted 6/22/15)
Directors may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 13.07.019, 13.07.020 and 13.07.021 of this article and shall be judicially enforceable.
(Ordinance 15-766 adopted 6/22/15)
A director may order any person who has violated, or continues to violate, any provision of this article, or any order issued hereunder, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in section 13.07.026(a) of this article. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator.
(Ordinance 15-766 adopted 6/22/15)
When a director finds that any person has violated, continues to violate, or threatens to violate, any provision of this article, or any order issued hereunder, the director may issue an order to the violator directing that the violator come into compliance within a specified time limit, prior to commencement or continuance of operation, or immediately. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the MS4. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(Ordinance 15-766 adopted 6/22/15)
When a director finds that a person has violated, or continues to violate, any provision of this article, or any order issued hereunder, and that such violation has adversely affected the MS4, the director may issue an order to the violator directing him/her to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4 and/or to restore any part of the MS4. Such remedial, abatement, and restoration action may include, but not be limited to: monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; restoration or replacement of town property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this section does not relieve the violator of liability for any violation, including any continuing violation. Issuance of an order under this section shall not be a bar against, or a prerequisite for, taking any other action against any responsible party.
(Ordinance 15-766 adopted 6/22/15)
(a) 
When a director finds that any person has violated, continues to violate, or threatens to violate, any provision of this article, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s), or threatened violation(s), have caused or contributed to an actual or threatened discharge to the MS4 which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the director may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
(1) 
Immediately comply with all requirements of this article; and
(2) 
Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) 
Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the director may take such steps as deemed necessary to prevent or minimize harm to the MS4, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The director may allow the person to commence or recommence its discharge when it has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the director within ten (10) calendar 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.
(Ordinance 15-766 adopted 6/22/15)
Whenever a director finds that any operator of a construction site has violated, threatens to violate, or continues to violate, any provision of sections 13.07.008–13.07.012 of this article, or any order issued hereunder, the director may issue a stop-work order to the operator, and require that a copy of the stop-work order be posted at the construction site. Unless express written exception is made by the issuing director, the stop-work order shall prohibit any further construction activity, or any commencement of construction activity, at the site and shall bar any further inspection or approval by the town associated with a building permit, early grading release, or any other town approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a stop-work order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(Ordinance 15-766 adopted 6/22/15)
A director may, by written notice, order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to file a satisfactory bond, payable to the town, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance with this article, any order issued hereunder, any required best management practice, and/or any SWPPP provision, and/or to achieve final stabilization of the site. The town may deny approval of any building permit, early grading release, subdivision plat, site development plan, or any other town permit or approval necessary to commence or continue construction or any industrial activity at the site, or to assume occupancy, until such a performance or maintenance bond has been filed.
(Ordinance 15-766 adopted 6/22/15)
A director may, by written notice, order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount not to exceed a value determined by the director, that is sufficient to remediate, restore, and abate any damage to the MS4 or any other aspect of the environment that is caused by the discharge.
(Ordinance 15-766 adopted 6/22/15)
(a) 
A violation of any provision of this article, or any order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated.
(b) 
Any person(s) creating a public nuisance shall institute and complete all actions necessary to remedy the effects of such nuisance. If the person(s) responsible for creating the public nuisance fails to correct or abate the nuisance, the town may correct or abate the nuisance and the person(s) creating the nuisance shall be jointly and severally liable for the cost of such correction or abatement in accordance with state and local law.
(c) 
It shall be the duty of the owner(s), occupant(s) or person(s) otherwise having supervision and control of any lot, tract or parcel of land to correct or abate any public nuisance existing in or on his/her property. If such nuisance is not corrected or abated, the town may correct or abate the nuisance and the owner(s), occupant(s) or person(s) otherwise having supervision and control of any lot, tract or parcel of land shall be jointly and severally liable for the cost of such correction or abatement in accordance with state and local law.
(Ordinance 15-766 adopted 6/22/15)
(a) 
Any person subject to a compliance order under section 13.07.019, a remediation, abatement, or restoration order under section 13.07.020, an emergency cease and desist order under section 13.07.021, or a stop-work order under section 13.07.022 of this article may petition the issuing director to reconsider the basis for his/her order within fifteen (15) calendar days of the affected person’s notice of issuance of such an order.
(b) 
Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order.
(c) 
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.
(d) 
The effect of any compliance order under section 13.07.019, remediation, abatement, or restoration order under section 13.07.020, and any stop-work order under section 13.07.022 shall be stayed pending the issuing director’s reconsideration of the petition, and any hearing thereon, unless the issuing director expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 13.07.021 shall not be stayed pending the issuing director’s reconsideration, or any hearing thereon, unless the issuing director expressly and in writing stays his/her emergency order.
(e) 
Within thirty (30) calendar days of the submittal of a petition for reconsideration, the issuing director shall either:
(1) 
Grant the petition and withdraw or modify the order accordingly;
(2) 
Deny the petition, without hearing if no material issue of fact is raised; or
(3) 
If a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(f) 
Written notice of any hearing set by the issuing director pursuant to subsection (e) above shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.
(g) 
The issuing director may himself/herself conduct the hearing and take evidence, or he/she may designate any employee of the town or any specially designated attorney or engineer to:
(1) 
Issue in the name of the town notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing;
(2) 
Take evidence;
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the director for action thereon. At any hearing held pursuant to this subsection, testimony taken shall be under oath and recorded. Any party is entitled to present his/her 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.
(h) 
After the issuing director has reviewed the evidence, he/she shall either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The issuing director may modify his/her order as is appropriate based upon the evidence and arguments presented at the hearing and his/her action on the petition. Further orders and directives as are necessary and appropriate may be issued.
(Ordinance 15-766 adopted 6/22/15)
Any person whose petition for reconsideration by the issuing director has not been granted in its entirety and who remains adversely affected by the issuing director’s order, or who is subject to an order of the director issued following a show cause hearing under section 13.07.018, may challenge the final action of the director in an appropriate court of competent jurisdiction.
(Ordinance 15-766 adopted 6/22/15)
(a) 
Whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to:
(1) 
The preservation of public safety, relating to the materials or methods used in construction of any structure or improvement of real property;
(2) 
The preservation of public health or to the fire safety of a building or other structure or improvement;
(3) 
The establishment of criteria for land subdivision or construction of buildings, including street design;
(4) 
Dangerously damaged or deteriorated structures or improvements;
(5) 
Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or
(6) 
The discharge of a pollutant into the MS4;
the town may invoke sections 54.011–54.017 of the Texas Local Government Code and petition the state district court or the county court at law of the county, through the town attorney, for either the injunctive relief specified in subsection (b) or the civil penalties specified in subsection (c) below, or both the specified injunctive relief and civil penalties.
(b) 
Pursuant to section 54.016 of the Texas Local Government Code, the town may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that:
(1) 
Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsections (a)(1)–(6) above; or
(2) 
Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsections (a)(1)–(6) above.
(c) 
Pursuant to section 54.017 of the Texas Local Government Code, the town may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsections (a)(1)–(5) above, and a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (a)(6) above, if the town proves that:
(1) 
The defendant was actually notified of the provisions of the article; and
(2) 
After the defendant received notice of the article provisions, the defendant committed acts in violation of the article or failed to take action necessary for compliance with the article.
(Ordinance 15-766 adopted 6/22/15)
(a) 
A person who violates any provision of this article by performing an act prohibited or by failing to perform an act required is guilty of a misdemeanor; each day the violation continues shall be a separate offense.
(1) 
If the definition of an offense under this article does not prescribe a culpable mental state, then a culpable mental state is not required. Such offense shall be punishable by a fine not to exceed five hundred dollars ($500.00). Although not required, if a culpable mental state is in fact alleged in the charge of the offense and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, such offense shall be punishable by a fine not to exceed two thousand dollars ($2,000.00).
(2) 
If the definition of an offense under this article prescribes a culpable mental state and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, then a culpable mental state is required and the offense shall be punishable by a fine not to exceed two thousand dollars ($2,000.00).
(b) 
A person commits an offense by knowingly making 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 by falsifying, tampering with, or knowingly rendering inaccurate any monitoring device or method required under this article.
(c) 
In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.
(Ordinance 15-766 adopted 6/22/15)
The remedies provided for in this article are not exclusive of any other remedies that the town may have under state or federal law or other town ordinances. The town may take any, all, or any combination of these actions against a violator. The town is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.
(Ordinance 15-766 adopted 6/22/15)
The town may adopt reasonable fees for reimbursement of costs of constructing, operating, and maintaining the town’s MS4, and for reimbursement of costs of implementing its stormwater management program as required by the EPA and TCEQ, and the cost of implementing this article, which costs may include, but not be limited to, the following:
(1) 
Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing discharges and reviewing monitoring reports submitted by dischargers;
(2) 
Fees for spill and release reports and responding to spills and releases of oil, hazardous and extremely hazardous substances, and other pollutants; and
(3) 
Other fees as the town may deem necessary to carry out the requirements contained in this article. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the town.
(Ordinance 15-766 adopted 6/22/15)