The purposes and objectives of this article are as follows:
(1)
To maintain and improve the quality of surface water and groundwater
within the city, the North Central Texas region, and the state.
(2)
To prevent the discharge of contaminated stormwater runoff from industrial,
commercial, residential, and new development or redevelopment construction
sites into the municipal separate storm sewer system (MS4) and natural
waters within the city.
(3)
To promote public awareness of the hazards involved in the improper
discharge of hazardous substances, petroleum products, household hazardous
waste, industrial waste, sediment from construction sites, pesticides,
herbicides, fertilizers, and other contaminants into the storm sewers
and natural waters of the city.
(4)
To encourage recycling of used motor oil and safe disposal of other
hazardous consumer products.
(5)
To facilitate compliance with state and federal water quality standards,
limitations, and permits by owners and operators of industrial and
construction sites within the city.
(6)
To enable the city to comply with all federal and state laws and
regulations applicable to stormwater discharges.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1301)
The director of public works shall implement and enforce the
provisions of this article. Any powers granted to or duties imposed
in this article upon the director of public works may be delegated
by him/her to other city personnel.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1302)
The following abbreviations, when used in this article, shall
have the designated meanings:
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BMP
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Best management practices
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BOD5
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Five-day biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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U.S. Environmental Protection Agency
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HHW
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Household hazardous waste
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mg/L
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Milligrams per liter
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MS4
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Municipal separate storm sewer system
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NOI
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Notice of intent
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NOT
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Notice of termination
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NPDES
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National Pollutant Discharge Elimination System
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pH
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Measure of acidity or alkalinity
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POTW
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Publicly owned treatment works
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PST
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Petroleum storage tank
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PE
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Licensed professional engineer
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SWPPP
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Stormwater pollution prevention plan
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TSS
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Total suspended solids
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USC
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United States Code
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(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1303)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
Any stormwater runoff from orchards, cultivated crops, pastures,
range lands, and other nonpoint source agricultural activities, but
not discharges from concentrated animal feeding operations as defined
in 40 CFR section 122.23 or discharges from concentrated aquatic animal
production facilities as defined in 40 CFR section 122.24.
A major subdivision of the Code of Ordinances of the city.
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.
The City of Lake Worth, Texas, or the city council of Lake
Worth.
The rainfall runoff from or through any coal storage pile.
The initial disturbance of soils associated with clearing,
grading, excavating, landfilling, and other construction activities.
Pertaining to any business, trade, industry, or other activity
engaged in for profit.
A contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different schedules
under one plan.
Any human activity that involves clearing, grading, excavation,
landfilling, or other placement, movement, removal, or disposal of
soil, rock, or other earth materials.
Containing a harmful quantity of any substance.
The director of public works for the city, or his/her duly
authorized representative.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or into waters of the United States.
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.
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.
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 the EPA or such successor agency.
Any building, structure, installation, process, or activity
from which there is or may be a discharge of a pollutant.
A solid or non-solid substance or compound that contains
an essential plant nutrient element in a form available to plants
and is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality
of a crop, or a mixture of two or more fertilizers. The term does
not include the excreta of an animal, plant remains, or a mixture
of those substances, for which no claim of essential plant nutrients
is made.
The status when all soil disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of 85% of the cover for unpaved areas and areas not covered
by permanent structures has been established, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles)
have been employed.
The fire department of the city, or any duly authorized representative
thereof.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
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.
The amount of any substance that will cause pollution of
water in the state.
Any substance listed in table 302.4 of 40 CFR part 302.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR part 261.
All contiguous land, structures, other appurtenances and
improvements on the land used for the treatment, disposal, or recovery
of hazardous waste.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Any material generated in a household (including single and
multiple residences, hotels and motels, bunk houses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day use recreational
areas) by a consumer which, except for the exclusion provided in 40
CFR section 261.4(b)(1), would be classified as a hazardous waste
under 40 CFR part 261.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade,
or business.
The deposition of soil and other inert materials on the land
to raise its grade and/or smooth its features.
A person who has been duly licensed and registered by the
state board of registration for professional engineers to engage in
the practice of engineering in the State of Texas.
Any vehicle crankcase oil, antifreeze, transmission fluid,
brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol
blend, and any other fluid used in a motor vehicle.
An area of land or an excavation in which municipal solid
waste is placed for permanent disposal, and which is not a land treatment
facility, a surface impoundment, an injection well, or a pile (as
these terms are defined in regulations promulgated by the state commission
on environmental quality).
The system of conveyances (including roads with drainage
systems, municipal streets, catchbasins, curbs, gutters, ditches,
man-made channels, or storm drains) owned and operated by the city
and designed or used for collecting or conveying stormwater, and which
is not used for collecting or conveying sewage.
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.
Any source of any discharge of a pollutant that is not a
“point source.”
The notice of intent that is required by either the baseline
industrial general permit, the construction general permit or the
multi-sector general permit.
The notice of termination that is required by either the
baseline industrial general permit, the construction general permit
or the multi-sector general permit.
The most recent baseline industrial general permit issued
by the EPA published in Volume 65 of the Federal Register at page
64746 on October 30, 2000, and any subsequent modifications or amendments
thereto.
The most recent construction general permit issued by the
EPA published in Volume 68 of the Federal Register at page 39087 on
July 1, 2003, and any subsequent modifications or amendments thereto.
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 area-wide
basis.
The multi-sector general permit for stormwater discharges
associated with specified industrial activities published by the EPA
in Volume 60 of the Federal Register at page 51109 on September 29,
1995, and any subsequent modifications or amendments thereto.
Any kind of oil in any form, including, but not limited to,
petroleum, fuel oil, or crude oil, or any fraction thereof which is
liquid at standard conditions of temperature and pressure, or sludge,
oil refuse, or oil mixed with waste.
The person or persons who, either individually or taken together,
meet either of the following two criteria:
They have operational control over the facility specifications
(including the ability to make modifications in specifications); or
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.
The person who owns a facility or part of a facility.
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.
A substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, or any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant (as these terms are defined in section 76.001 of the Texas
Agriculture Code).
A product that is obtained from distilling and processing
crude oil and that is capable of being used as a fuel for the propulsion
of a motor vehicle or aircraft, including motor gasoline, gasohol,
other alcohol blended fuels, aviation gasoline, kerosene, distillate
fuel oil, and #1 and #2 diesel.
Any one or combination of above-ground or underground storage
tanks that contain petroleum products and any connecting underground
pipes.
Any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, wrecked or discarded equipment, rock, sand,
cellar dirt, and industrial, municipal, and agricultural waste discharged
into water. The term “pollutant” does not include tailwater
or runoff water from irrigation or rainwater runoff from cultivated
or uncultivated range land, pasture land, and farm land.
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.
Any construction performed or funded in whole or part, separately
or collectively, by the federal, state, county, or local government,
including the city.
Persons who possess the appropriate competence, skills, and
ability (as demonstrated by sufficient education, training, experience,
and/or, when applicable, any required certification or licensing)
to perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally accepted
industry standards for such activity. The operator is responsible
for providing qualifications to the director and the director has
the authority to approve or deny the qualifications of personnel.
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) or the waters of the United States.
Nonputrescible solid wastes that consist of:
Combustible waste materials, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves,
and similar materials; and
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).
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 city (and to which stormwater, surface water,
and groundwater are not intentionally admitted).
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
The domestic sewage and/or industrial waste that is discharged
into the city sanitary sewer system and passes through the sanitary
sewer system to the sewage treatment plant utilized by the city for
treatment.
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.
Any garbage, rubbish, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including, solid, liquid, semi-solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
The State of Texas.
The discharge from any conveyance which is used for collecting
and conveying stormwater and which is directly related to manufacturing,
processing, or raw materials storage areas at an industrial plant
which is within one of the categories of facilities listed in 40 CFR
part 122, and which is not excluded from the EPA’s definition
of the same term.
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.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
Not containing a harmful quantity of any substance.
Any oil that has been refined from crude oil or a synthetic
oil that, as a result of use, storage, or handling, has become unsuitable
for its original purpose because of impurities or the loss of original
properties but that may be suitable for further use and is recyclable
in compliance with state and federal law.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Any groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico, inside the territorial
limits of the state, and all other bodies of surface water, natural
or artificial, inland or coastal, fresh or salt, navigable or non-navigable,
and including the beds and banks of all watercourses and bodies of
surface water, that are wholly or partially inside or bordering the
state or inside the jurisdiction of the state.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 31 [title 30] of the Texas Administrative
Code.
All waters which are currently used, 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
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce; all impoundments of waters
otherwise defined as waters of the United States under this definition;
all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within
the federal definition of “waters of the United States”
at 40 CFR section 122.2; but not including any waste treatment systems,
treatment ponds, or lagoons designed to meet the requirements of the
federal Clean Water Act.
An area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1304)
(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) above upon presentation of evidence by the discharger that the discharge was composed entirely of one or more of the following categories of discharges:
(1)
A discharge authorized by, and in full compliance with, an NPDES
permit (other than the NPDES permit for discharges from the MS4);
(2)
A discharge or flow resulting from firefighting by the fire department;
(3)
A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the fire code in chapter 5 of this code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge;
(4)
Agricultural stormwater runoff;
(5)
A discharge or flow from water line flushing, but not including a
discharge from water line disinfection by superchlorination or other
means unless it contains no harmful quantity of chlorine or any other
chemical used in line disinfection;
(6)
A discharge or flow from lawn watering, landscape irrigation, or
other irrigation water;
(7)
A discharge or flow from a diverted stream flow or natural spring;
(8)
A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
(9)
Uncontaminated groundwater infiltration (as defined in 40 CFR section
35.2005(20)) to the MS4;
(10)
Uncontaminated discharge or flow from a foundation drain, crawl space
pump, or footing drain;
(11)
A discharge or flow from a potable water source not containing any
harmful substance or material from the cleaning or draining of a storage
tank or other container;
(12)
A discharge or flow from individual residential carwashing (external
surfaces only);
(13)
A discharge or flow from a riparian habitat or wetland;
(14)
A discharge or flow from water used in street washing that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or any other harmful cleaning substance, and the temperature
of which has not been elevated by induced heating.
(c)
No affirmative defense shall be available under subsection (b) above if the discharge or flow in question has been determined by the director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than 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.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1305)
(a)
The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section 13.11.005.
(b)
No person shall introduce or cause to be introduced into the MS4
any discharge that causes or contributes to causing the city to violate
a water quality standard, the city’s NPDES permit, or any state-issued
discharge permit for discharges from its MS4.
(c)
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, or any other motor vehicle fluid;
(2)
Any industrial waste;
(3)
Any hazardous waste, including household hazardous waste;
(4)
Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste;
(5)
Any garbage, 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 the washing, cleaning, deicing, or other maintenance
of aircraft;
(8)
Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior that contains any
soap, detergent, degreaser, solvent, or any other harmful cleaning
substance, or that is at a temperature that has been elevated by induced
heating unless performed in compliance with the best management practices
adopted by the city public works department;
(9)
Any wastewater from commercial floor, rug, or carpet cleaning;
(10)
Any wastewater from the washdown or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance, or
that is at a temperature that has been elevated by induced heating;
or any wastewater from the washdown or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful
quantities of such released material have been previously removed;
(11)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler;
(12)
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;
(13)
Any runoff or washdown water from any animal pen, kennel, or fowl
or livestock containment area;
(14)
Any filter backwash from a swimming pool;
(15)
Any discharge from water line disinfection by superchlorination or
other means if it contains any harmful quantity of chlorine or any
other chemical used in line disinfection;
(16)
Any fire protection water containing oil or hazardous substances or materials that the fire code in chapter 5 of this code requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. This prohibition does not apply to discharges or flow from firefighting by the fire department;
(17)
Any wastewater from a water curtain in a spray room used for painting
vehicles or equipment;
(18)
Any contaminated runoff from a vehicle salvage yard or any other
facility classified as Standard Industrial Classification 5015 or
5093;
(19)
Any substance or material that will damage, block, or clog the MS4;
(20)
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such PST release.
(d)
No person shall introduce or cause to be introduced into the MS4
any harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation, 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.
(e)
No person shall connect an interior floor drain or any other source
of wastewater, domestic or industrial, to the MS4, or allow such a
connection to continue.
(f)
Regulation of pesticides, herbicides and fertilizers.
(1)
No person shall use or cause to be used any pesticide or herbicide
contrary to any directions for use on any labeling required by state
or federal statute or regulation.
(2)
No person shall use or cause to be used any pesticide, herbicide,
or fertilizer in any manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(3)
No person shall dispose of, discard, store, or transport a pesticide,
herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer
container, in a manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(4)
If provided with a display notice containing the provisions of this subsection (f), pertaining to the regulation of pesticides, herbicides, and fertilizers (or a reasonable description thereof), and the information that any user of the product may obtain further information from the director, any person selling pesticides, herbicides, or fertilizers at retail or wholesale shall post the notice prominently where it may be read by purchasers of the product.
(g)
Used oil regulation.
(1)
No person shall:
(A)
Discharge used oil into the MS4 or a sewer, drainage system, septic
tank, surface water, groundwater, or watercourse;
(B)
Knowingly mix or commingle used oil with solid waste that is to be
disposed of in a landfill or knowingly directly dispose of used oil
on land or in a landfill;
(C)
Apply used oil to a road or land for dust suppression, weed abatement,
or other similar use that introduces used oil into the environment.
(2)
All businesses that change motor oil for the public, municipal waste
landfills, and fire stations are encouraged to serve as public used
oil collection centers as provided by state statute in section 371.024
of the Texas Health and Safety Code.
(3)
A retail dealer who annually sells directly to the public more than
500 gallons of oil in containers for use off-premises shall post in
a prominent place a sign provided by the city or by the state informing
the public that improper disposal of used oil is prohibited by law.
The sign shall prominently display the toll-free telephone number
of the state used oil information center. If a sign is provided by
the city, it shall also prominently display the city telephone number
where information concerning the proper disposal of used oil may be
obtained.
(h)
No person shall introduce or cause to be introduced into the sanitary
sewer system any discharge of stormwater, polluted or unpolluted,
or any discharge that causes or contributes to causing the city to
violate a water quality standard, its agreements associated with the
regional sewage treatment plants or any state-issued permit.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1306)
Grading, erosion control practices, sediment control practices,
and waterway crossings shall meet the design criteria set forth in
the most recent version of the city’s subdivision and development
regulations ordinance and shall be adequate to prevent transportation
of sediment from the site to the satisfaction of the city. Unless
otherwise specified by the subdivision and development regulations,
the goal for erosion and sediment control at sites over one acre disturbed
by construction is achievement of at least the minimum site rating
of 0.70 using the site rating system as presented in section 3 of
Stormwater Quality Best Management Practices for Construction Activities–North
Central Texas, Second Edition, North Central Texas Council of Governments,
Arlington, Texas, as may be amended from time to time.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1307)
(a)
All operators of construction sites shall use best management practices
to control and reduce the discharge, to the MS4 and to waters of the
United States, of sediment, silt, earth, soil, and other material
associated with clearing, grading, excavation, landfilling, and other
construction activities, to the maximum extent practicable. Any best
management practices capable of installation and/or implementation
prior to commencement of construction (for example, structural measures)
shall be installed and/or implemented prior to commencement of construction
at the site or in compliance with a schedule for installation and/or
implementation in an applicable SWPPP. The best management practices
used at construction sites may include, but not be limited to, the
following measures:
(1)
Ensuring that existing vegetation is preserved where feasible and
that disturbed portions of the site are stabilized as soon as practicable
in portions of the site where construction activities have temporarily
or permanently ceased;
(2)
Use of structural practices to divert flows from exposed soils, store
flows, or otherwise limit runoff and the discharge of pollutants from
the site to the extent feasible;
(3)
Minimization of the tracking of sediments off-site by vehicles, the
generation of dust, and the escape of other windblown waste from the
site;
(4)
Prevention of the discharge of building materials, including cement,
lime, concrete, asphalt and mortar, to the MS4 or waters of the United
States;
(5)
Measures to prevent and contain spills of paints, solvents, fuels,
septic waste, and other hazardous chemicals and pollutants associated
with construction, and to assure proper cleanup and disposal of any
such spills in compliance with state, federal, and local requirements;
(6)
Implementation of proper waste disposal and waste management techniques,
including covering waste materials, minimizing ground contact with
hazardous chemicals and trash, and installing and maintaining covered
receptacles for rubbish and garbage to assure that such waste materials
are not blown or carried by rainfall runoff from the site;
(7)
Timely maintenance of vegetation, erosion and sediment control measures,
and other best management practices to maintain them in good and effective
operating condition; and
(8)
Installation of structural measures during the construction process
to control pollutants in stormwater discharges that will occur after
construction operations have been completed. Structural measures should
be placed on upland soils to the degree attainable. Such installed
structural measures may include, but not be limited to, the following:
stormwater detention structures (including wet ponds), stormwater
retention structures, flow attenuation by use of open vegetative swales
and natural depressions, other velocity dissipation devices, infiltration
of runoff on-site, and sequential systems which combine several practices.
Operators of construction sites are only responsible for the installation
and maintenance of stormwater management measures prior to final stabilization
of the site, and are not responsible for maintenance after stormwater
discharges associated with construction activity have terminated.
(b)
Qualified personnel (provided by the operator of the construction
site) shall inspect disturbed areas of any construction site that
have not been finally stabilized, areas used for storage of materials
that are exposed to precipitation, structural control measures, and
locations where vehicles enter or exit the site, at least once every
seven calendar days and within 24 hours of the end of a storm that
is 0.5 inches or greater. All erosion and sediment control measures
and other identified best management practices shall be observed in
order to ensure that they are operating correctly and are effective
in preventing significant impacts to receiving waters and the MS4.
Based on the results of the inspection, best management practices
shall be modified as appropriate, and as soon as is practicable.
(c)
Any owner of a site of construction activity, whether or not he/she
is an operator, is jointly and individually responsible for compliance
with the requirements in this section.
(d)
Any contractor or subcontractor on a site of construction activity,
who is not an owner or operator, but who is responsible under his/her
contract or subcontract for implementing a best management practices
control measure, is jointly and individually responsible for any willful
or negligent failure on his/her part to adequately implement that
control measure.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1308)
(a)
Unless within one or more of the exceptions specified in subsection (f), below, all operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, shall prepare and submit the following documents to the building department at least fifteen (15) calendar days prior to the commencement of construction activities (unless, pursuant to subsection (b), below, the director expressly allows construction to be commenced within a shorter period of time following the document submittal):
(1)
An identifying notice containing the following information:
(A)
The name, address, and telephone number of each operator of the construction
activity;
(B)
The name, address, and telephone number of each owner of the construction
site;
(C)
The location of the construction site, by street address and legal
description; and
(D)
A description of the nature of the construction project.
(2)
Plans and specifications illustrating and describing the best management practices required by section 13.11.008(a) that will be implemented at the construction site. Such plans and specifications shall be prepared, signed, and sealed by a licensed professional engineer, except in instances of land clearing or landfilling disturbing less than 12,000 square feet of land without any existing plans or present intention of erecting a building or other structure on the site.
(b)
The director may allow construction to be commenced within fewer than fifteen (15) calendar days following submittal of the documents required by subsection (a) above if he/she expressly determines that:
(1)
The required identifying notice and management plans and specifications
are complete and satisfactory;
(2)
The director has been afforded adequate time and opportunity to review
the management plans and specifications; and
(3)
The management practices described in the plans and observed upon
any site inspection conducted are adequate to control and reduce the
discharge of sediment, silt, earth, soil, and other materials associated
with construction activities to the maximum extent practicable.
(c)
If, upon the director’s review of the management plans and specifications required by subsection (a) above (or any modified plans required by subsection (e) below) and any site inspection that the director may conduct, the director determines that the management practices described in the plans or observed upon the site inspection are not adequate to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with construction activities to the maximum extent practicable, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Any order issued by the director under the authority of this subsection may be in the form of a compliance order under section 13.11.018, an emergency cease and desist order under section 13.11.020, or a stop-work order under section 13.11.021.
(d)
The city may deny approval of any building permit, grading permit,
or any other city approval necessary to commence or continue construction,
or to assume occupancy, on the grounds that the management practices
described in the plans or observed upon a site inspection by the director
are determined not to control and reduce the discharge of sediment,
silt, earth, soil, and other materials associated with construction
activities to the maximum extent practicable.
(e)
Whenever the management practices at a construction site are modified
(as a result of change in the construction project, in order to implement
more effective management practices, in response to an order or request
from the city, or for any other reason), a written description of
such modifications of the management practices, signed and sealed
by a professional engineer, shall be submitted to the director as
soon as possible, but in no case later than seven (7) calendar days
following the change in the management practices.
(f)
The requirements of this section shall not apply to any of the following
activities:
(1)
Any construction activity that results in the disturbance of one or more acres of total land area, or that is part of a common plan of development or sale within which one or more acres of total land area are disturbed, and any other construction activity for which an NPDES permit is required for stormwater discharges associated with that construction activity. (In such circumstances, the requirements of section 13.11.010 apply in lieu of this section.)
(2)
Any public works construction project that is administered, performed,
contracted, or funded (in whole or in part) by the city.
(3)
Any construction activity, not a part of a larger plan of development
of one acre or more, related to the construction, alteration, or addition
to a single-family, duplex or four-plex residential structure, or
an accessory use to any such structure, where one (1) primary structure
is constructed per legal block and the construction activity does
not result in the disturbance of more than 12,000 square feet of total
land area.
(4)
Any construction incident to repair or maintenance of a utility line
(such as for telecommunications, electricity, water, sewer, and natural
gas). (Construction incident to the laying of new utility lines or
replacement of existing lines is not exempted from this section by
this subsection.)
(5)
Interior alteration of an existing building when the alteration does
not increase the square footage, area, or height of the building.
(6)
Construction of a fence, but no exemption is granted by this subsection
for construction of a retaining wall or a fence that may significantly
obstruct or change the direction of flow of water.
(7)
Any construction activity that the director expressly finds not to
cause, or threaten to cause, any discharge of any harmful quantity
of any material associated with construction activity into the MS4
or to any other waters of the United States.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1309)
All operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements (in addition to those in section 13.11.008):
(1)
Any operator who intends to obtain coverage for stormwater discharges
from a construction site under the NPDES general permit for stormwater
discharges from construction sites (the “construction general
permit”) shall submit a signed copy of its notice of intent
(NOI) to the director of public works, and to the building department,
at least fifteen (15) calendar days prior to the commencement of construction
activities. If the construction activity is already underway upon
the effective date of this article, the NOI shall be submitted within
thirty (30) calendar days after the effective date of this article.
For stormwater discharges from construction sites where the operator
changes, an NOI shall be submitted at least two (2) calendar days
prior to when the new operator commences work at the site.
(2)
A stormwater pollution prevention plan (SWPPP) shall be prepared
and implemented prior to the beginning of construction activities
in accordance with the requirements of the construction general permit
or any individual NPDES permit issued for stormwater discharges from
the construction site, and with any additional requirement imposed
by or under this article and any other city ordinance.
(3)
The SWPPP shall be prepared, signed, and sealed by a licensed professional
engineer. The signature and seal of the licensed professional engineer
shall constitute his/her attestation that the SWPPP fully complies
with the requirements of the construction general permit, or with
any applicable individual NPDES permit issued for stormwater discharges
from the construction site, and with any additional requirement imposed
by or under this article. The SWPPP shall contain the name, title,
and business address of the licensed professional engineer signing
it, and the date that he/she did so.
(4)
The SWPPP shall be updated and modified as appropriate and as required
by the construction general permit and this article. Any update or
modification to the SWPPP shall be prepared, signed, and sealed by
a licensed professional engineer.
(5)
The SWPPP shall be prepared and submitted to the building department
at least fifteen (15) calendar days prior to the commencement of construction
activities. If the construction activity is already underway upon
the effective date of this article, the SWPPP shall be submitted within
thirty (30) calendar days after the effective date of this article.
(6)
A copy of any SWPPP that is required by subsection (2) above shall be submitted to the city in conjunction with any application for a building permit, grading permit, site development plan approval, and any other city approval necessary to commence or continue construction at the site.
(7)
If, upon the director’s review of the SWPPP (or any modification to the SWPPP) and any site inspection that the director may conduct, the director determines that the SWPPP does not comply with the requirements of the construction general permit, any individual NPDES permit issued for stormwater discharge from the construction site, or any additional requirement imposed by or under this article, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Also, if at any time the director determines that the SWPPP is not being fully implemented, the director may similarly issue an order prohibiting the continuation of any construction activity at the site. Any order issued by the director under the authority of this subsection may be in the form of a compliance order under section 13.11.018, an emergency cease and desist order under section 13.11.020, or a stop-work order under section 13.11.021.
(8)
Upon review of the SWPPP and any site inspection that is conducted,
the city may deny approval of any building permit, grading permit,
or any other city approval necessary to commence or continue construction,
or to assume occupancy, on the grounds that the SWPPP does not comply
with the requirements of the construction general permit, any individual
or group NPDES permit issued for stormwater discharge from the construction
site, or any additional requirement imposed by or under this article.
Also, if at any time the city determines that the SWPPP is not being
fully implemented, the city may similarly deny approval of any building
permit, grading permit, or any other city approval necessary to commence
or continue construction, or to assume occupancy, at the site.
(9)
All contractors and subcontractors identified in a SWPPP shall sign
a copy of the following certification statement before conducting
any professional service identified in the SWPPP: “I certify
under penalty of law that I understand the terms and conditions of
the National Pollutant Discharge Elimination System (NPDES) permit
that authorizes the stormwater discharges associated with industrial
activity from the construction site identified as part of this certification.”
The certification must include the name and title of the person providing
the signature; the name, address, and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(10)
The SWPPP, with the licensed professional engineer’s signature, seal, and date affixed, and the certifications of contractors and subcontractors required by subsection (9) above, and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization.
(11)
The operator shall make a copy of the SWPPP and any modification
thereto available to the director and any other authorized city inspector
at the construction site upon request (as well as to EPA and state
inspectors).
(12)
The director may notify the operator at any time that the SWPPP does
not meet the requirements of the construction general permit, any
applicable individual NPDES permit issued for stormwater discharges
from the construction site, or any additional requirement imposed
by or under this article. Such notification shall identify those provisions
of the permit or ordinance which are not being met by the SWPPP, and
identify which provisions of the SWPPP require modifications in order
to meet such requirements. Within seven (7) calendar days of such
notification from the director (or as otherwise provided by the director),
the operator shall make the required changes to the SWPPP and shall
submit to the director a written certification that the requested
modifications have been made.
(13)
The operator shall modify the SWPPP whenever there is a change in
design, construction, operation, or maintenance, which has a significant
effect on the potential for the discharge of pollutants to the MS4
or to the waters of the United States, and which has not otherwise
been addressed in the SWPPP, or if the SWPPP proves to be ineffective
in eliminating or significantly minimizing pollutants, or in otherwise
achieving the general objective of controlling pollutants in stormwater
discharges associated with construction activity. In addition, the
SWPPP shall be modified to identify any new contractor and/or subcontractor
that will implement a measure in the SWPPP. All modifications to the
SWPPP signed and sealed by a professional engineer shall be submitted
to the director within seven (7) calendar days of a change, determination
of ineffectiveness (self or city inspection), or effective date of
changes in contractor and/or subcontractor.
(14)
Qualified personnel (provided by the operator of the construction
site) shall inspect disturbed areas of the construction site that
have not been finally stabilized, areas used for storage of materials
that are exposed to precipitation, structural control measures, and
locations where vehicles enter or exit the site, at least once every
seven (7) calendar days and within twenty-four (24) hours of the end
of the storm that is 0.5 inches or greater. Disturbed areas and areas
used for storage of materials that are exposed to precipitation shall
be inspected for evidence of, or the potential for, pollutants entering
the drainage system. Erosion and sediment control measures identified
in the SWPPP shall be observed to ensure that they are operating correctly.
Where discharge locations or points are accessible, they shall be
inspected to ascertain whether erosion control measures are effective
in preventing significant impacts to receiving waters or the MS4.
Locations where vehicles enter or exit the site shall be inspected
for evidence of off-site sediment tracking.
(15)
Based on the results of the inspections required by subsection (14) above, the site description and/or the pollution prevention measures identified in the SWPPP shall be modified as appropriate, but in no case later than seven (7) calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven (7) calendar days following the inspection. All modifications to the SWPPP shall be submitted to the director within seven (7) calendar days of the date of inspection.
(16)
A report summarizing the scope of any inspection required by subsection (14) above, and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (15) above shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility’s NPDES permit, and this article. The report shall be certified and signed by the person responsible for making it.
(17)
The operator shall retain copies of any SWPPP and all reports required
by this article or by the NPDES permit for the site, and records of
all data used to complete the NOI, for a period of at least three
years from the date that the site is finally stabilized.
(18)
Where a site has been finally stabilized and all stormwater discharges
from construction activities that are authorized by this article and
by the NPDES permit for those construction activities are eliminated,
or where the operator of all stormwater discharges at a facility changes,
the operator of the construction site shall submit to the director
of public works, and to any other responsible personnel, a notice
of termination (NOT) that includes the information required for notices
of termination by the construction general permit.
(19)
Upon final stabilization of the construction site, the owner (or
the duly authorized representative thereof) shall submit to the responsible
personnel written certification by a licensed professional engineer
that the site has been finally stabilized. (See definition of final
stabilization in this article.) The city may withhold an occupancy
or use permit for any premises constructed on the site until such
certification of final stabilization has been filed and the responsible
personnel have determined, following any appropriate inspection, that
final stabilization has, in fact, occurred and that any required permanent
structural controls have been completed.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1310)
(a)
All operators of: (i) municipal landfills, (ii) hazardous waste treatment,
disposal, and recovery facilities, (iii) industrial facilities that
are subject to section 313 of title III of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) 42 USC section 11023, and (iv)
industrial facilities that the director determines are contributing
a substantial pollutant loading to the MS4, which are sources of stormwater
discharges associated with industrial activity, shall comply with
the following requirements:
(1)
Any operator who intends to obtain coverage for stormwater discharge
associated with industrial activity under the NPDES general permit
for stormwater discharges associated with industrial activity (the
baseline industrial general permit) or the NPDES stormwater multi-sector
general permit for industrial activities (the multi-sector general
permit) shall submit a signed copy of its notice of intent (NOI) to
the director at least 2 calendar days prior to the commencement of
the industrial activity at the facility. If industrial activity requiring
an NPDES stormwater permit is already underway upon the effective
date of this article, a copy of the permit assignment notice or the
NOI shall be submitted within thirty (30) calendar days. Where the
operator of a facility with a stormwater discharge associated with
industrial activity which is covered by an NPDES general permit changes,
the new operator of the facility shall submit an NOI at least two
(2) calendar days prior to the change. (Note: Reference within this
section to an NPDES general permit or to the appropriate NPDES general
permit shall be deemed to refer to either the baseline industrial
general permit or the multi-sector general permit.)
(2)
A stormwater pollution prevention plan (SWPPP) shall be prepared
and implemented in accordance with the requirements of the appropriate
NPDES general permit or any individual NPDES permit issued for stormwater
discharges from the industrial facility, and with any additional requirement
imposed by or under this article, and any other city ordinance.
(3)
The SWPPP shall be completed prior to the submittal of the NOI to
the director and, for a new industrial operation, prior to the commencement
of the industrial activity at the facility. The SWPPP shall be updated
and modified as appropriate and as required by the appropriate NPDES
general permit and this article.
(4)
A copy of any NOI that is required by subsection (a)(1) above shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.
(5)
The director may require any operator who is required by subsection (a)(2) above to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the director for review. Such submittal and review of the SWPPP may be required by the director prior to commencement of or during industrial activity at the facility.
(6)
Upon the director’s review of the SWPPP and any site inspection
that he/she may conduct, the city may deny approval of any application
for a permit or any other city approval necessary to commence or continue
operation of the facility, on the grounds that the SWPPP does not
comply with the requirements of the appropriate NPDES general permit
or any individual NPDES permit issued for stormwater discharges from
the industrial facility, or any additional requirement imposed by
or under this article or other city ordinances. Also, if at any time
the director determines that the SWPPP is not being fully implemented,
the city may similarly deny approval of any application for a permit
or other city approval necessary to commence or continue operation
of the industrial facility.
(7)
The SWPPP, with any modifications attached, shall be retained at
the industrial facility from the date of commencement of operations
until all stormwater discharges associated with industrial activity
at the facility are eliminated and the required notice of termination
(NOT) has been submitted in accordance with the appropriate NPDES
general permit.
(8)
The operator shall make the SWPPP and any modification thereto available
to the director upon request (as well as to EPA and state inspectors).
(9)
The director may notify the operator at any time that the SWPPP does
not meet the requirements of the appropriate NPDES general permit,
any applicable individual NPDES permit issued for stormwater discharges
from the industrial facility, or any additional requirement imposed
by or under this article or other city ordinances. Such notification
shall identify those provisions of the permit or ordinance which are
not being met by the SWPPP, and identify which provisions of the SWPPP
require modifications in order to meet such requirements. Within thirty
(30) calendar days of such notification from the director (or as otherwise
provided by the director), the operator shall make the required changes
to the SWPPP and shall submit to the director a written certification
that the requested changes have been made.
(10)
The operator shall amend the SWPPP whenever there is a change in
design, construction, operation, or maintenance, which has a significant
effect on the potential for the discharge of pollutants to the MS4
or to the waters of the United States, or if the SWPPP proves to be
ineffective in eliminating or significantly minimizing pollutants,
or in otherwise achieving the general objective of controlling pollutants
in stormwater discharges associated with industrial activity.
(11)
Qualified personnel (provided by the operator) shall inspect equipment
and areas of the facility specified in the SWPPP at appropriate intervals.
A set of tracking or follow-up procedures shall be used to ensure
that appropriate actions are taken in response to the inspections.
Records of inspection shall be maintained and made available to the
director upon request.
(12)
Qualified personnel (provided by the operator) shall conduct comprehensive
site compliance evaluations as required by the appropriate NPDES general
permit at intervals of no less than once per year. Based on the results
of the compliance evaluation, the description of potential pollutant
sources and the pollution prevention measures and controls that are
identified in the SWPPP shall be revised as appropriate within two
weeks of such evaluation and shall provide for implementation of any
changes to the SWPPP in a timely manner, but in no case more than
twelve weeks after the compliance evaluation.
(13)
A report summarizing the scope of the comprehensive site compliance
evaluation required by the appropriate NPDES general permit, personnel
making the compliance inspection, the date(s) of the inspection, major
observations relating to the implementation of the SWPPP, and actions
taken in accordance with necessary and appropriate plan revisions
shall be made and retained as part of the SWPPP for at least one year
after all stormwater discharges from the facility are eliminated and
the required NOT has been submitted. The report shall identify any
incidence of noncompliance; or, if the report does not identify any
incidence of noncompliance, the report shall contain a certification
that the facility is in compliance with the SWPPP, the applicable
NPDES permit, and this article. The report shall be signed by the
individual responsible for the comprehensive site compliance evaluation,
and it shall be submitted to the director within ten calendar days
of its completion.
(14)
If the industrial facility is required by the appropriate NPDES general
permit to conduct monitoring, records of the monitoring results shall
be retained at the facility and made available to the director upon
request.
(15)
By written notice, the director may require any industrial facility
identified in accordance with this section to implement a monitoring
program at its expense that includes the submission of quantitative
data on the following constituents:
(A)
Any pollutants limited in effluent guidelines subcategories;
(B)
Any pollutant listed in an existing NPDES permit for the facility;
(C)
Oil and grease, COD, pH, BOD5, TSS, total phosphorus, total
Kjeldahl nitrogen, nitrate plus nitrite nitrogen; and
(D)
Information on discharges required under 40 CFR 122.21(g)(7)(iii)
and (iv).
|
The director may require written reports of any such monitoring
to be submitted to him/her.
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(16)
By written notice, the director may require any industrial facility
identified in this section to conduct semi-annual or annual monitoring
of stormwater discharges, or the director may specify an alternative
monitoring frequency and/or specify additional parameters to be analyzed.
The director may require written reports of any such additional monitoring
to be submitted to him/her.
(17)
The operator shall retain the SWPPP until at least one year after
stormwater discharges associated with industrial activity at the facility
are eliminated, or that operator is no longer operating the facility,
and a notice of termination (NOT) in compliance with the appropriate
NPDES general permit has been submitted. The operator shall retain
all records of all monitoring information, copies of all required
reports, and records of all data used to complete the NOI, until at
least one year after all stormwater discharges associated with industrial
activity at the facility are eliminated, or the operator ceases to
operate that facility, and the required notice of termination (NOT)
has been submitted.
(18)
For discharges subject to monitoring requirements of the appropriate NPDES general permit, in addition to the records retention requirements of subsection (17) above, operators shall retain records of all monitoring information collected for the period of time required by the appropriate NPDES general permit. Operators must submit such monitoring results, and/or a summary thereof, to the director upon his/her request.
(19)
Upon the effective date of this article, any discharge composed of
coal pile runoff shall comply with the following limitations:
(A)
No discharge shall exceed a maximum concentration for any time
of 50 mg/L total suspended solids, nor shall such runoff be diluted
with stormwater or other flows in order to meet this limitation;
(B)
The pH of such discharges shall be within the range of 6.0 to
9.0.
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Any untreated overflow from facilities designed, constructed,
and operated to treat the volume of coal pile runoff which is associated
with a ten-year, 24-hour rainfall event shall not be subject to the
50 mg/L limitation for total suspended solids.
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(20)
Upon the effective date of this article, no discharge shall contain
any of the following hazardous metals in a concentration exceeding
the maximum concentrations (in mg/L) of each of the hazardous metals
listed below:
|
Metal
|
Average
|
Daily Composite
|
Grab Sample
|
|---|---|---|---|
|
Arsenic
|
0.1
|
0.2
|
0.3
|
|
Barium
|
1.0
|
2.0
|
4.0
|
|
Cadmium
|
0.05
|
0.1
|
0.2
|
|
Chromium
|
0.5
|
1.0
|
5.0
|
|
Copper
|
0.5
|
1.0
|
2.0
|
|
Lead
|
0.5
|
1.0
|
1.5
|
|
Manganese
|
1.0
|
2.0
|
3.0
|
|
Mercury
|
0.005
|
0.005
|
0.01
|
|
Nickel
|
1.0
|
2.0
|
3.0
|
|
Selenium
|
0.05
|
0.1
|
0.2
|
|
Silver
|
0.05
|
0.1
|
0.2
|
|
Zinc
|
1.0
|
2.0
|
6.0
|
(21)
Where all stormwater discharges associated with industrial activity
that are authorized by this article, and by the NPDES permit for those
discharges from industrial activities, are eliminated, or where the
operator of stormwater discharges associated with industrial activity
at a facility changes, the operator of the facility shall submit to
the director a notice of termination (NOT) that includes the information
required for notices of termination by the appropriate NPDES general
permit.
(b)
Any owner of a facility with a stormwater discharge associated with industrial activity to which subsection (a) above applies, whether or not he/she is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility.
(c)
Upon request by the director, all owners and operators of any facility that experience a problem complying with the requirements of this article, the industrial general permit, or any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility shall consult with the director, any other representative of the city, and any third party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city’s satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or the state, and/or the city may itself undertake any enforcement action authorized by sections 13.11.015 through 13.11.021 and 13.11.024 through 13.11.030 of this article. Exercise of the city’s option for consultation under this subsection shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1311)
(a)
The 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) or to waters of the
United States to determine if the discharger is complying with all
requirements of this article, and with any state or federal discharge
permit, limitation, or requirement. Dischargers shall allow the 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 the
director, upon request, any SWPPPs, 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.
(b)
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, the director or his
authorized representative(s) will be permitted to enter without delay
for the purposes of performing his/her responsibilities.
(c)
The 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.
(d)
The director may require any discharger to the MS4 or waters of the
United States to conduct specified sampling, testing, analysis, and
other monitoring of its stormwater discharges, and may specify the
frequency and parameters of any such required monitoring.
(e)
The 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.
(f)
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 the director
and shall not be replaced. The costs of clearing such access shall
be borne by the discharger.
(g)
Unreasonable delays in allowing the director access to the discharger’s
premises shall be a violation of this article.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1312)
If the 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 city designed to verify compliance with this article
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the director may seek issuance
of a search warrant from any court of competent jurisdiction. For
purposes of this section, the city manager, the director of public
works, the city engineer, and the duly authorized representatives
of these city departmental directors are declared to be health officers,
as that term is used in the Texas Code of Criminal Procedure, article
18.05.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1313)
(a)
All citizens are encouraged to report any spills, releases, illicit
connections, other instances of anyone discharging pollutants into
the MS4 or waters of the United States, and any other violation of
this article of which they become aware, to the director, his/her
delegate, or any person designated by the city manager to receive
such citizen reports.
(b)
Such citizen reports may be made by telephone, in writing, or in
person. A written record of each citizen report to the city will be
prepared and kept on file for a period of three (3) years, and a copy
of the city’s record of the report will be furnished to the
reporting citizen upon request. Also upon request, the city engineer
or other responsible city official will inform the reporting citizen
of any action undertaken by the city in response to the citizen’s
report.
(c)
The operator and the owner of any commercial or industrial activity
shall report any spills, releases, illicit connections, or other instances
where pollutants are discharged into the MS4 or waters of the United
States and any other violation of this article for which they are
responsible to the director, his/her delegate, or any person designated
by the city manager to receive such reports.
(d)
The operator and the owner of any commercial or industrial activity shall report all incidents enumerated in subsection (c) above in accordance with the following:
(1)
A hazardous and/or toxic material spill or release shall be immediately
reported to the city fire department.
(2)
Other instances where pollutants are discharged into the MS4 or waters
of the United States by spill, release, illicit connections or other
means shall be reported to the environmental specialist within the
department of public works.
(e)
Both the operator and the owner of any commercial or industrial activity
which has resulted in a spill or release of hazardous/toxic materials
or a substance of a polluting nature is responsible for proper notification
of the incident to the appropriate county, state, and federal agency.
The reporting of a spill/release to the city does not release the
owner or operator from reporting to appropriate county, state and
federal officials.
(f)
Thus, dependent on the type of release and the nature of the emergency
caused thereby (i.e., life-threatening or not), the following agencies,
in addition to the environmental specialist within the department
of public works, are specified to be notified:
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1314)
When the director finds that any person has violated, or continues
to violate, any provision of this article, or any order issued hereunder,
the director may serve upon that person a written warning 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 warning notice
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the warning notice. Nothing in
this section shall limit the authority of the director to take any
action, including emergency action or any other enforcement action,
without first issuing a warning notice.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1315)
When the director finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the 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 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 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 section shall limit the authority of the director to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation. The director 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 13.11.018, 13.11.019, and 13.11.020 of this article and shall be judicially enforceable.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1316)
The 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 13.11.022(g) 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 877 adopted 2/12/08; 2004 Code, sec. 13.1317)
When the 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 and waters of the United States. 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 877 adopted 2/12/08; 2004 Code, sec. 13.1318)
When the 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, or the waters
of the United States, 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, or the waters of the United States, and/or to restore any
part of the MS4, or the waters of the United States. 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; and
restoration or replacement of city 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 877 adopted 2/12/08; 2004 Code, sec. 13.1319)
(a)
When the 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 or waters of the United States which
reasonably appears to present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, the director
may issue an order to the violator directing it immediately to cease
and desist all such violations and directing the violator to:
(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 or waters of the United States, 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 cease and
desist order. Issuance of an emergency cease and desist order shall
not be a bar against or prerequisite for, taking any other action
against the violator.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1320)
Whenever the director finds that any operator of a construction site has violated, threatens to violate, or continues to violate any provision of sections 13.11.007 through 13.11.020 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 and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the 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 city associated with a building permit, grading permit, or any other city 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 877 adopted 2/12/08; 2004 Code, sec. 13.1321)
(a)
Any person subject to a compliance order under section 13.11.018, a remediation, abatement, or restoration order under section 13.11.019, an emergency cease and desist order under section 13.11.020, or a stop-work order under section 13.11.021 of this article may petition the 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 13.11.018, remediation, abatement, or restoration order under section 13.11.019, and any stop-work order under section 13.11.021 shall be stayed pending the director’s reconsideration of the petition, and any hearing thereon, unless the director expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 13.11.020 shall not be stayed pending the director’s reconsideration, or any hearing thereon, unless the 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 director shall either:
(f)
Written notice of any hearing set by the 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 director may himself/herself conduct the hearing and take evidence,
or he/she may designate any employee of the city or any specially
designated attorney or engineer to:
(1)
Issue in the name of the city notices of hearing requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in the hearing;
(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.
(h)
At any hearing held pursuant to this section, 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.
(i)
After the director has reviewed the evidence, he/she shall either:
(i) grant the petition, (ii) deny the petition, or (iii) grant the
petition in part and deny it in part. The 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 877 adopted 2/12/08; 2004 Code, sec. 13.1322)
Any person who remains adversely affected by the director’s order after petitioning for reconsideration pursuant to section 13.11.022, or who is subject to an order of the director issued following a show cause hearing under section 13.11.017, may challenge the final action of the director in an appropriate court of competent jurisdiction.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1323)
(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)
Point source effluent limitations or the discharge of a pollutant,
other than from a nonpoint source, into the MS4;
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the city may invoke sections 54.012 through 54.017 of the Texas Local Government Code and petition the state district court or the county court at law of Tarrant County, through the city 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.
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(b)
Pursuant to section 54.016 of the Texas Local Government Code, the
city may obtain against the owner or the operator of a facility a
temporary or permanent injunction, as appropriate, that:
(c)
Pursuant to section 54.017 of the Texas Local Government Code, the city 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) through (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 city proves that:
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1324)
(a)
Any person who has violated any provision of this article, or any
order issued hereunder, shall be strictly liable for such violation,
regardless of the presence or absence of a culpable mental state,
and shall, upon conviction, be subject to a fine of not more than
$2,000.00 per violation, per day.
(b)
Any person who has knowingly made any false statement, representation,
or certification in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, or any order issued hereunder, or who has falsified, tampered
with, or knowingly rendered inaccurate any monitoring device or method
required under this article, shall, upon conviction, be subject to
a fine of not more than $2,000.00 per violation, per day.
(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 877 adopted 2/12/08; 2004 Code, sec. 13.1325)
Whenever it appears that a violation or threat of violation
of any provision of section 26.121 of the Texas Water Code, or any
rule, permit, or order of the state commission on environmental quality,
has occurred or is occurring within the jurisdiction of the city,
exclusive of its extraterritorial jurisdiction, the city, in the same
manner as the state commission on environmental quality, may have
a suit instituted in a state district court through its city attorney
for the injunctive relief or civil penalties or both authorized in
sections 7.031 and 7.032 of the Texas Water Code, against the person
who committed or is committing or threatening to commit the violation.
This power is exercised pursuant to section 7.351 of the Texas Water
Code. In any suit brought by the city under this section, the state
commission on environmental quality is a necessary and indispensable
party.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1326)
The remedies provided for in this article are not exclusive
of any other remedies that the city may have under state or federal
law or other city ordinances. The city may take any, all, or any combination
of these actions against a violator. The city is empowered to take
more than one enforcement action against any violator. These actions
may be taken concurrently.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1327)
The 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 city,
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
city may deny approval of any building permit, grading permit, subdivision
plat, site development plan, or any other city 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 877 adopted 2/12/08; 2004 Code, sec. 13.1328)
The 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 greater than
or equal to a value determined by the director, that is sufficient
to remediate, restore, and abate any damage to the MS4, the waters
of the United States, or any other aspect of the environment that
is caused by the discharge.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1329)
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 as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of chapter 8 of this code.
(Ordinance 877 adopted 2/12/08; 2004 Code, sec. 13.1330)
The city hereby adopts the provisions of subchapter C of chapter
552 of the Texas Local Government Code, (the “Act”), and
hereby creates and establishes a stormwater utility system to serve
the city, which boundaries shall be the boundaries of the city. The
city declares the stormwater utility system to be a public utility
and further finds that the city shall:
(1)
Establish a schedule of stormwater (drainage) charges against all
real property in the city subject to charges under subchapter C of
chapter 552 of the Texas Local Government Code;
(2)
Provide stormwater (drainage) facilities and services for real property
in the city on payment of stormwater charges, except such real property
which may be exempted therefrom as authorized by law; and
(3)
Offer such drainage (stormwater) service on nondiscriminatory, reasonable
and equitable terms.
(Ordinance 1194 adopted 10/13/20)
It shall be the duty of the city manager or his/her designee
to administer the stormwater utility system. The city shall keep an
accurate record of all properties benefited or served by the stormwater
utility system and the stormwater utility fee charged for each parcel
or portion of a parcel. The record may be maintained within the city’s
utility billing system or in other recordkeeping systems that may
be developed.
(Ordinance 1194 adopted 10/13/20; Ordinance adopting 2021 Code)
The city makes no representation that all of the stormwater
problems will be remedied; and the city council is given full discretion
in establishing the time and quantitative priorities in expending
funds on a reasonable basis as the same become available to meet the
stormwater needs of the city. This section shall not be construed
to relieve private landowners, developers or other individuals or
entities from providing stormwater improvements pursuant to the ordinances
of the city and the laws of this state which relate to stormwater
or stormwater improvements. Further, the city does not waive any immunity
granted under any law.
(Ordinance 1194 adopted 10/13/20)
Employees of the city shall have access, at all reasonable times,
to any benefited properties served by the stormwater utility system
for inspection or repair or enforcement of the provisions of this
division and chapter 522, subchapter C, Local Government Code.
(Ordinance 1194 adopted 10/13/20)
The following definitions apply to the establishment and the
operation of the stormwater utility system:
means chapter 552, subchapter C “Municipal Drainage
Utility Systems,” of the Texas Local Government Code, as amended.
means an improved parcel, lot or tract to which stormwater
service is made available. All parcels within the city receive stormwater
service in some manner directly or indirectly.
means the City of Lake Worth.
means the city manager as designated pursuant to the city
charter as adopted and as amended.
means the person(s) or entity(ies) recorded as the customer
or user of utility services for a parcel as recorded in the records
of the city’s utility billing.
means an area of impervious coverage on an improved lot or
tract that is generally equal to the average impervious area on a
single-family property in the city limits, calculated as 3,700 square
feet.
means a surface that has been compacted or covered with a
layer of material so that it is resistant to infiltration by water
and does not have a natural state of vegetative cover. Impervious
areas include, but are not limited to, compacted soils with a surface
treatment, gravel, crushed stone surfaces or soil compacted by vehicle
traffic, asphalt or concrete pavement, parking lots, driveways, sidewalks
and private roadways, and buildings, and other manmade structures,
surfaces, or any uses that change the natural surface of the land
and have the effect of increasing, concentrating, or otherwise altering
stormwater runoff from that experienced under natural vegetative conditions.
means a lot or parcel that has been changed from its natural
state by construction of a structure or other improvement on all or
a portion of it that causes an impervious surface or change in the
natural state of the vegetated soil on the property.
means an improved parcel which is not a residential property,
including but not limited to commercial, industrial, institutional,
governmental, apartments, duplexes, condominiums, homeowners’
association and similar properties.
means the person(s) or entity(ies) recorded as the owner
of a parcel as recorded in the records of the Tarrant County Appraisal
District.
means one or more lots or tracts, or portions of lots or
tracts.
means the area for the drainage utility. This area shall
include all real property within the boundaries of the city.
means an improved parcel upon which is classified as A1 (Residential
Single Family) or A2 (Residential Mobile Home) per Tarrant County
Appraisal District property classification.
means the property, real, personal or mixed, that is used
in providing stormwater capacity to manage and control stormwater
runoff for the stormwater utility system, including bridges, catch
basins, channels, conduits, creeks, culverts, detention ponds, retention
ponds, ditches, draws, creeks, flumes, pipes, pumps, sloughs, treatment
works, and appurtenances to those items, whether natural or artificial,
or using force or gravity, that are used to draw off surface water
from land, carry the stormwater runoff away, collect, store, or treat
the stormwater runoff, or divert the stormwater runoff into natural
or artificial watercourses. Drainage infrastructure has the same meaning
as stormwater infrastructure.
means a utility billing account established for the sole
purpose of billing applicable stormwater utility fees where other
utility services are provided privately or through suppliers other
than the city or its contractors.
means any expenditures that are required to finance, operate
and maintain stormwater infrastructure including debt service, equipment,
personnel, educational and administrative expenditures.
means the charge, including interest and penalties, paid
by the owner or customer of a benefited property for stormwater services
provided by the stormwater utility system, including, but not limited
to, the items described in the definition of “cost-of-service”
in section 552.044(2) of the Act. Stormwater utility fee has the same
meaning as the drainage utility fee.
means section A11.012 “Stormwater Utility Fees” of this code, as amended for the purpose of providing stormwater service for real property in the proposed service area.
means the ordinance from which this division derives, as codified into this code as article 13.11, division 2 “Stormwater Utility System,” as amended from time to time.
means the stormwater utility system owned or controlled,
in whole or in part by the city, including the city’s existing
stormwater facilities, materials, and supplies and any stormwater
facilities, materials, and supplies hereafter constructed or utilized,
and dedicated to the service of benefited property, and including
provision for additions to the system. The stormwater utility system
has the same meaning as the drainage utility system.
means land and facilities owned and operated by a person
or entity other than the city and from which stormwater does not discharge
under any storm frequency event or conditions into a creek, river,
slough, culvert, culvert, channel or other infrastructure that is
part of the city’s stormwater utility system.
(Ordinance 1194 adopted 10/13/20)
(a)
Stormwater utility rate classes.
A stormwater utility
fee is established, and the fee shall be imposed on each benefited
property within the city for services and facilities provided by the
stormwater utility system. For purposes of imposing the stormwater
utility fee, all eligible parcels within the city are classified into
the following categories:
(b)
Responsible party.
(1)
The stormwater utility fee shall be billed monthly along with other
utilities provided to the property, including water, wastewater or
solid waste (garbage) services.
(2)
The bill imposing the stormwater utility fee will be mailed to either
the owner or customer who is currently established as the responsible
party for water, wastewater and solid waste service for the parcel;
and, the owner or customer recorded in the utility billing system
will be responsible for payment of the fee.
(3)
Where an improved parcel is not occupied by a customer that might
use water, wastewater, solid waste or other utility service and considered
by the city to be vacant, either on a temporary or permanent basis,
the city may bill the owner of the parcel for the stormwater utility
fee.
(4)
Where an improved parcel is not billed for water, wastewater, solid
waste or other service to an owner or customer of the city, the city
is hereby authorized to establish a “stormwater only account”
and to bill the stormwater utility fee to either the owner or customer,
as the city manager or his/her designee determines is appropriate.
(c)
Revision of rates.
The city council shall establish
the initial rates for the stormwater utility fee by ordinance. The
city council may review the schedule of rates at any time and may,
by ordinance, increase or decrease the rates within the schedule,
upon a determination that said increase or decrease is warranted.
(d)
Billing procedures and policies.
(1)
Any partial payment of the stormwater utility fee will be applied
against the amount due in accordance with the policies and procedures
established by the city regarding all utility services provided by
the city.
(2)
A late charge and interest may be imposed in accordance with the
policies and procedures established by the city regarding all utility
services.
(e)
Nonpayment.
The city may file suit to recover any charges
due hereunder, together with maximum interest, attorney fees and other
costs and charges that may be allowed by the Act or other law, which
is not paid when due. In addition to any other remedies or penalties
provided by law or in this division, failure of a customer or owner
of the stormwater utility system to pay the charges promptly when
due shall subject such customer or owner to discontinuance of any
utility services provided by the city and/or placement of a lien against
the property.
(Ordinance 1194 adopted 10/13/20; Ordinance adopting 2021 Code)
(a)
Rates in accordance with Act.
The stormwater utility
fee shall be established in accordance with the provisions of the
Act.
(b)
Fee calculation.
The stormwater utility fee shall be
based on an inventory of parcels within the city which also evaluates
the benefited property’s impact on the drainage utility system.
Due to impervious area causing increases in stormwater runoff and
associated pollutants to the drainage utility system, it is fair and
equitable to calculate the impact and assess the drainage charge to
each benefited property based on impervious cover, subject to limitation
set forth below for residential properties. The stormwater utility
fee shall be established for the stormwater utility system in a fair
and equitable manner, and if so determined by the city council, an
amount to establish one or more funds to provide financing for future
stormwater system construction and for implementing programs to improve
stormwater quality. The city council hereby imposes a drainage charge
to be paid by uses of benefited property to cover the cost of service
of the drainage utility system. Said drainage charge shall be calculated
as follows:
(1)
Residential class: Includes Tarrant County Appraisal District properties
with property classifications of A1 (Residential Single Family) or
A2 (Residential Mobile Home).
(A)
For the purpose of residential class, the equivalent residential
unit (ERU) is defined as being 3,700 square feet of impervious area.
(B)
Residential properties shall be assessed (1) ERU per month as follows:
Each residential property = 3,700 square feet being the equivalent
residential unit (ERU).
(Ordinance 1194 adopted 10/13/20)
(a)
Appeal of stormwater utility fees to the city manager or his/her
designee.
An owner or customer who has been charged a
stormwater utility fee for a nonresidential parcel and believes that
the calculation of the stormwater utility fee is incorrect or inapplicable,
may appeal the fee to the city manager or his/her designee by filing
a notice of appeal application.
(b)
Process.
(1)
An appeal can be filed by completing a form created by the city manager
or his/her designee that describes the basis for the claimant appealing
the data, including the provision of independent engineering reports
supporting a more accurate impervious area calculation.
(2)
The appeal shall set forth in detail the grounds upon which relief
is sought. The city manager or his/her designee shall decide on the
appeal based upon a preponderance of the evidence.
(3)
The information submitted to the city must be complete in order to
conduct an evaluation of the appeal. A response regarding receipt
and completeness by the city manager or his/her designee will be provided
within ten (10) business days of the receipt of the completed appeal
form and supporting material.
(4)
Properties classified as residential shall not have an individual
appeals process separate from that offered in the public hearing prior
to the initial implementation of the utility system fee.
(5)
The utility billing office shall refer questions of impervious fee
calculations to the city manager or his/her designee.
(6)
The city manager or his/her designee shall make determinations of
impervious area appeals.
(7)
Billing and payment disputes for administrative issues shall be subject
to appeals procedures used by the city for other billing disputes.
(8)
Appeals for the following reasons shall be directed to the city manager
or his/her designee for evaluation and determination:
(A)
The applicability of a stormwater utility fee for a parcel;
(B)
The calculation of applicable stormwater runoff potential for a parcel;
(C)
The calculation of the stormwater utility fee for a parcel; or
(D)
The discontinuance of utility service, or other legal actions for
nonpayment of stormwater utility fees.
(9)
The city manager or his/her designee shall render a written decision
on such appeals within thirty (30) days after receiving a complete
written notice of appeal from the landowner.
(c)
Supporting information for appeal.
The person filing
the appeal may be required, at the person’s cost, to provide
supplemental information to the city manager or his/her designee,
including but not limited to survey data sealed by a state-licensed
professional land surveyor, engineering reports sealed by a state-licensed
professional engineer qualified in civil engineering, or other documentation
that the city manager or his/her designee deems necessary to properly
evaluate the appeal. Failure to provide requested information in a
timely manner may result in denial of the appeal.
(d)
Appeal of stormwater utility fees to the city council.
(1)
An owner or customer may appeal the decisions of the city manager
or his/her designee to the city council.
(2)
The owner or customer shall file a written appeal to the city council.
The city council shall hear the appeal within sixty (60) days of receipt
of the appeal by the city manager or his/her designee. Notice of the
hearing shall be mailed to the address given in the appeal form or,
if no address is given, to the address on the utility billing statement
at least fourteen (14) days prior to the hearing.
(3)
The burden of proof shall be on the owner or customer to demonstrate that the fee is not applicable or that the determination of the value of the fee was not calculated according to the applicable stormwater fee schedule or the methodologies established in the stormwater utility fee ordinance and chapter 13 “Utilities” of this code. If applicable, and if not previously submitted to the city manager or his/her designee, the owner or customer shall submit, with the appeal, a report describing the basis for the appeal. The failure to submit such a report shall be considered in determining whether the applicant has met the burden of proof.
(4)
If the appeal is accompanied by a bond or other sufficient security
satisfactory to the city attorney in an amount equal to the original
determination of the stormwater utility fee due, any discontinued
utility services may be reinstated while the appeal is pending.
(5)
At the hearing, the city council shall allow testimony from the applicant,
city employees and other interested persons relevant to the appeal.
The hearing may be continued from time to time.
(6)
Following the hearing, the city council shall consider all evidence
and determine whether the appeal should be granted (in whole or in
part) or denied.
(7)
The city council shall complete its review and make a decision about
the appeal within thirty (30) days of the hearing. The city council
shall apply the standards and review criteria contained in this section.
(8)
The city council’s decision shall be final.
(e)
Delinquencies.
Any charge due hereunder which is not
paid when due may be recovered in an action at law by the city, in
addition to any other remedies or penalties provided in the Act or
other law, failure of a user within the service area to pay the charges
promptly when due shall subject such user to discontinuance of any
utility services provided by the city. City employees of the utility
drainage system shall have access, at all reasonable times, to any
benefited properties served by the drainage utility for inspection
or repair or for the enforcement of the provisions of this division.
(Ordinance 1194 adopted 10/13/20; Ordinance adopting 2021 Code)
If, after at least five (5) years of substantially continuous
operation of the stormwater utility system, the city council determines
that the stormwater utility system should be discontinued, the powers
under the Act should be revoked, and the provision for financing municipal
stormwater costs should be made by using other revenues, the city
council may adopt an ordinance that in effect, after providing notice
and a public hearing as required by the Act, discontinues the stormwater
utility system.
(Ordinance 1194 adopted 10/13/20)
(a)
Stormwater fund.
A stormwater utility fund is established
and may consist of one or more accounts. All stormwater utility fees
shall be deposited as collected and received into this fund, and shall
be used exclusively for stormwater services as stated in section 522.044(2)
of the Act, including, but not limited to the following:
(1)
The cost of the acquisition of land, rights-of-way, options to purchase
land, easements, and interests in land relating to structures, equipment,
and facilities used in draining the benefited property;
(2)
The cost of the acquisition, construction, repair, and maintenance
of structures, equipment, and facilities used in draining the benefited
property;
(3)
The cost of architectural, engineering, legal, and related services,
plans and specifications, studies, surveys, estimates of cost and
of revenue, and all other expenses necessary or incident to planning,
designing, providing, or determining the feasibility and capability
of structures, equipment, and facilities used in draining the benefited
property;
(4)
The cost of all machinery, equipment, materials and appurtenances,
and facilities necessary or incident to the provision and operation
of draining the benefited property;
(5)
The prorated cost of funding and financing charges and interest arising
from construction projects and the start-up cost of a stormwater facility
used in draining the benefited property;
(6)
The prorated cost of debt service and reserve requirements for funding
of stormwater infrastructure, equipment and facilities paid with revenue
bonds or other securities or obligations issued by the city and supported
by pledge of stormwater revenues including any fees and expenses incidental
thereto;
(7)
To the extent permitted by law, the cost of constructing, sampling,
monitoring, building, inspecting and maintaining structures needed
for the state’s regulation and permitting requirements imposed
on the city for providing stormwater quality improvements for the
benefited property; and
(8)
The administrative costs of the stormwater utility system.
(b)
Stormwater fund accounting.
(1)
The city shall clearly account for revenues and expenditures authorized
for operation of the stormwater utility system.
(2)
The revenues collected from stormwater utility fees shall be segregated
and completely identifiable from other city funds and accounts.
(3)
Funds and revenues in the stormwater utility fund may be transferred
to the city’s general fund as allowed by law.
(c)
Stormwater service deposit.
A deposit shall not be charged
for initiation or continuation of stormwater utility service.
(Ordinance 1194 adopted 10/13/20)
The following entities or persons shall be exempt from payment
of the fees established by this division:
(1)
State government entities.
A state governmental entity
listed below, and a parcel in which the governmental entity holds
a freehold interest is exempt from payment of the fees established
by this division:
(A)
The State of Texas.
(2)
Institutes of higher education.
A public or private
institution of higher education is exempt from payment of the fees
established by this division.
(3)
Undeveloped property exemption.
Any property to which
a mandatory exemption under section 552.053 of the Act applies is
exempt from this division, including without limitation:
(A)
Property with proper construction and maintenance of a wholly sufficient
and privately-owned stormwater system that does not discharge under
any storm frequency event or conditions to waterways controlled or
maintained by the city; and
(B)
Property held and maintained in its natural state, until such time
that the property is developed, and all of the public infrastructure
constructed has been accepted by the city for maintenance; and
(C)
A subdivided parcel or lot, until a structure has been built on the
lot and a certificate of occupancy has been issued, or the city has
taken another official action to release the property for occupancy;
and
(5)
Proof of exemption.
If the owner of property asserts that such property is exempt pursuant to this section or any other applicable law, such property owner has the burden to assert such exemption by filing notice of eligibility for such exemption and sufficient evidence of entitlement to such exemption with the city manager or his/her designee. If the exemption is not granted, the owner may appeal using the procedures for appeal provided in section 13.11.058 “Appeal” above.
(Ordinance 1194 adopted 10/13/20; Ordinance adopting 2021 Code)
