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.
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 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.
Stormwater.Stormwater runoff, snowmelt runoff, and surface runoff and drainage.
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.
Town.The Town of Pantego, Texas, or the town council.
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)