This article shall be known as the “stormwater quality management and discharge control ordinance” of the city and may be so cited.
(Ordinance 623-2015 adopted 11/19/15)
The purpose and intent of this article is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality, and to satisfy the appropriate water quality requirements of the TPDES General Permit issued pursuant to section 26.040 of the Texas Water Code and section 402 of the Clean Water Act, by reducing the discharge of pollutants from the municipal separate storm sewer system (MS4), to the maximum extent practicable.
(Ordinance 623-2015 adopted 11/19/15)
The terms used in the article shall have the following meanings:
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC section 1251 et seq., and any subsequent amendments thereto.
The schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMP also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
The City of Joshua.
The city council appointed manager of the city, or his/her designee.
The Federal Water Pollution Control Act, as amended, 33 USC section 1251, et seq., and any subsequent amendments thereto.
Any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.
Causing or carrying out any building, bulk heading, filling, clearing, excavation, or substantial improvement to land or the size of any structure.
When used without a qualifier, refers to the discharge of stormwater runoff or certain nonstormwater discharges as allowed under the authorization of the Texas Pollutant Discharge Elimination System (“TPDES”) general permit.
A site plan with necessary details, showing the property where land-disturbing activity will take place and showing the locations and types of structures, devices, procedures and practices to be used to control erosion and sedimentation.
Completion of a project, site or building in accordance with city requirements and ordinances. In the case of a building, a certificate of occupancy is issued.
The washing of a vehicle, by someone other than the vehicle’s owner, at an event for the sole benefit of a charitable, religious, philanthropic, educational or civic institution.
Any material, including any substance, waste, or combination thereof, which because of its quality, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges authorized under the TPDES general permit or a separate authorization and discharges resulting from firefighting activities.
Any manmade conveyance connecting an illicit discharge directly to a municipal separate storm sewer.
Manufacturing, processing, material storage, and waste material disposal areas (and similar areas where stormwater can contact industrial pollutants related to the industrial activity) at an industrial facility described by the TPDES multi-sector general permit TXR050000, or by another TCEQ or TPDES permit.
Any activity, including, but not limited to, excavation, planting, tilling, and grading, which disturbs one acre (43,560 square feet) of the natural or improved vegetative groundcover so as to expose soil to the erosive forces of rain, stormwater runoff or wind. Land-disturbing activities also include areas smaller than one acre that are part of a larger common plan of development or sale. All installations and maintenance of franchise utilities such as telephone, gas, electric, etc., shall be considered land-disturbing activities.
A business providing or equipped to provide vehicle cleaning or detailing services for a vehicle owner at a nonfixed location.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, bar ditches or storm drains):
Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act (CWA) that discharges to waters of the United States;
Designed or used for collecting or conveying stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW). [40 CFR 122.26(b)(8)].
Any discharge to the storm sewer system that is not composed entirely of stormwater.
A source of earth fill material used in the construction of embankments or other earth fill structures, that is located on another parcel of property other than where the principal construction is occurring.
Deposit of soil material beyond the limits of the property undergoing land-disturbing activity or in public streets, alleys or drainage facilities in an amount sufficient to constitute a threat to public safety and comfort.
An area on another parcel of property, other than where the principal construction is occurring, where excess earth, rock or construction material is disposed of.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials; radioactive materials, heat, wrecked or discharged equipment; rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
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, are injurious to humans, animal life, vegetation, or property or the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Includes the property where the principal land-disturbing activity is taking place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties necessary for required utility extensions, and off-site areas for required street improvements.
The abatement or removal of pollution or contaminants from land or water (including sediments in waterways) for the general protection of human health and the environment.
A business entity, franchised utility company, developer, property owner, contractor or holder of a building permit who is required to comply with the terms of this article.
A public sewer which carries stormwater and surface water and drainage and into which domestic wastewater or industrial waste are not intentionally passed.
Any flow occurring during or following any form of natural precipitation and resulting therefrom, including but not limited to, rainfall runoff, snow melt runoff and surface runoff and drainage.
A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system (MS4).
A permit issued pursuant to section 402 of the act (33 USC 1342).
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any of its portions.
All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
All interstate waters including interstate wetlands;
All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:
All impoundments of waters otherwise defined as waters of the United States under this definition;
The territorial sea;
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States.
Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. |
(Ordinance 623-2015 adopted 11/19/15)
(a)
This article, including any amendments or revisions thereto, shall apply to all water entering the municipal separate storm sewer system generated on or flowing over any developed and undeveloped land lying within the city.
(b)
The provision and requirements of this article shall become effective upon its adoption by the city council.
(Ordinance 623-2015 adopted 11/19/15)
The city manager shall administer, implement, and enforce the provisions of this article.
(Ordinance 623-2015 adopted 11/19/15)
The provisions of the article are hereby declared to be severable. If any provision, clause, sentence, or subsection of this article or the application thereof to any person, establishing, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article.
(Ordinance 623-2015 adopted 11/19/15)
This article shall be construed to assure consistency with the requirement of the Clean Water Act, and any amendments thereto, or any applicable implementing regulations.
(Ordinance 623-2015 adopted 11/19/15)
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the state caused by said person. This article shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from any discharger’s reliance on this article or any administrative decision lawfully made thereunder.
(Ordinance 623-2015 adopted 11/19/15)
(a)
Authorization to adopt and impose best management practices.
(1)
The city may adopt requirements identifying BMP for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the municipal separate storm sewer system, or waters of the state as a separate best management practice of the stormwater management program. Where BMP requirements are promulgated by the city or any federal, state, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm sewer system or waters of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
(2)
The city manager will periodically report to the city council on the status of implementation of BMP and any new BMP to be developed for inclusion in the city’s stormwater management program.
(b)
New development and redevelopment.
(1)
The city may require any owner or person developing real property to identify appropriate BMP to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this article.
(2)
These requirements may include a combination of structure and nonstructural BMP, and shall include requirements to ensure the proper long-term operation and maintenance of these BMP.
(c)
Construction sites.
BMP to reduce pollutants in any stormwater runoff activity shall be incorporated in any land use entitlement and construction or building-related permit. The owner and developer shall comply with terms, provisions, and conditions of such land use entitlement and building permits as required by the city.
(d)
Responsibility to implement best management practices.
Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a), (b), and (c) above, any person or entity engaged in activity or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the municipal separate storm sewer system, or waters of the state shall implement BMP to the extent they are technologically achievable to prevent and reduce such pollutants. Facilities designed to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
(Ordinance 623-2015 adopted 11/19/15)
Notwithstanding the requirements of this section, the city manager may require by written notice that a person or entities responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Ordinance 623-2015 adopted 11/19/15)
(a)
The city manager may require by written notice that a person or entity responsible for an illicit connection to the storm sewer system comply with the requirements of this article to eliminate or to secure approval for the illicit connection by a specified date, regardless of whether the connection or discharge has been established or approved prior to the effective date of this article.
(b)
If, subsequent to eliminating a connection found to be in violation of this article, the responsible person or entity can demonstrate that an illegal discharge will no longer occur, said person or entity may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible party’s expense.
(Ordinance 623-2015 adopted 11/19/15)
Every person or entity owning property through which a watercourse passes, or such owner’s lessee shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other manmade or unnatural obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse. The owner or lessee shall not remove healthy bank vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner or such owner’s lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
(Ordinance 623-2015 adopted 11/19/15)
Whenever the city manager finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the municipal separate storm sewer system, or waters of the U.S., the city manager may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provision of section 13.04.014 and section 13.04.015 below.
(Ordinance 623-2015 adopted 11/19/15)
The city manager may require by written notice that any person or entity engaged in any activity and/or owning or operating a facility which may cause or contribute to stormwater pollution, illegal discharge, and/or nonstormwater discharges to the municipal separate storm sewer system or waters of the state, to undertake at said person’s or entity’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this article.
(Ordinance 623-2015 adopted 11/19/15)
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of material which are resulting or may result in illegal discharge or pollutants discharging into stormwater, the municipal separate storm sewer system or waters of the U.S. from said facilities, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such releases. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous material, said person shall notify the city manager in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notification in person or by phone shall be confirmed by written notice addressed and mailed to the environmental services within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ordinance 623-2015 adopted 11/19/15)
Whenever necessary to make an inspection to enforce any provision of this article, or whenever the city manager has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article, the city manager may enter such premises at all reasonable times to inspect the same and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ordinance 623-2015 adopted 11/19/15)
During any inspection as provided herein, the city manager may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(Ordinance 623-2015 adopted 11/19/15)