Except as otherwise provided herein, the city engineer, the
community development director or whoever designated shall administer,
implement and enforce the provisions of this article. Any powers granted
to or duties imposed upon the city engineer may be delegated by the
city engineer to other city personnel.
(Ordinance 495-15 adopted 6/18/15)
The following abbreviations, when used in this article, shall
have the designated meanings:
BMP - Best Management Practices.
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BTEX - Benzene, Toluene, Ethylbenzene, and Xylene.
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CFR - Code of Federal Regulations.
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EPA - U.S. Environmental Protection Agency.
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HHW - Hazardous household waste.
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mg/L - Milligrams per liter.
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MS4 - Municipal Separate Storm Sewer System.
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NOI - Notice of intent.
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NOT - Notice of termination.
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NPDES - National Pollutant Discharge Elimination System.
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ppb - Parts per billion.
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PST - Petroleum storage tank.
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RLA - Registered landscape architect.
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RPE - Registered professional engineer.
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RQ - Reportable quantity.
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SWPPP - Stormwater pollution prevention plan.
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TPH - Total Petroleum Hydrocarbons.
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USC - United States Code.
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(Ordinance 495-15 adopted 6/18/15)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
Agricultural stormwater runoff.
Any stormwater runoff from orchards, cultivated crops, pastures,
rangelands and other nonpoint 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.
Best management practices (BMP).
Schedule 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.
City.
The City of Sansom Park, Texas, or the city council of Sansom
Park.
City engineer.
The person appointed to the position of city engineer by
the city council, or his/her duly authorized representative.
Commencement of construction.
The disturbance of soils associated with clearing, grading
or excavating activities or other construction activities.
Commercial.
Pertaining to any business, trade, industry or other activity
engaged in for profit.
Community development director.
The person appointed to the position of community development
director by the city council, or his/her duly authorized representative.
Discharge.
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.
Discharger.
Any person who causes, allows, permits or is otherwise responsible
for a discharge, including without limitation any operator of a construction
site or industrial facility.
Domestic sewage.
Human excrement, gray water (from home clothes washing, bathing,
showers, dishwashing and food preparation), other wastewater from
household drains, and waterborne waste normally discharged from the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, factories and institutions, that is free
from industrial waste.
Environmental protection agency (EPA).
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency or commission that
may succeed to the authority of the EPA, and any duly authorized official
of the EPA or such successor agency.
Facility.
Any building, structure, installation, process or activity
from which there is or may be a discharge of a pollutant.
Fertilizer.
A solid or nonsolid 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.
Final stabilization.
The status when all soil-disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of 70% 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.
Fire department.
The fire department, or any duly authorized representative
thereof.
Fire protection water.
Any water and any substances or materials contained therein
used by any person other than the fire department to control or extinguish
a fire.
Garbage.
Putrescible animal and vegetable waste materials from the
handling, preparation, cooking or consumption of food, including waste
materials from markets, storage facilities and the handling and sale
of produce and other food products.
Harmful quantity.
The amount of any substance that will cause pollution of
water in the state.
Hazardous household waste (HHW).
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.
Hazardous waste.
Any substance identified or listed as a hazardous waste by
the EPA pursuant to 40 CFR part 261.
Herbicide.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Industrial waste.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade
or business.
Motor vehicle fuel.
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.
Municipal landfill (or landfill).
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).
Municipal separate storm sewer system (MS4).
The system of conveyances (including roads with drainage
systems, municipal streets, catchbasins, curbs, gutters, ditches,
manmade channels or storm drains) owned and operated by the city and
designed or used for collecting or conveying stormwater and which
is not used for collecting or conveying sewage.
Municipal solid waste.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional or recreational activities, and includes
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and other solid waste other than industrial waste.
NPDES permit.
A permit issued by the EPA (or by the state under authority
delegated pursuant to 33 USC section 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group or general areawide basis.
Nonpoint source.
Any source of any discharge of a pollutant that is not a
“point source.”
Notice of intent (NOI).
The notice of intent that is required by either the industrial
general permit or the construction general permit.
Notice of termination (NOT).
The notice of termination that is required by either the
industrial general permit or the construction general permit.
Oil.
Any kind of oil in any form, including but not limited to,
petroleum, fuel oil, crude oil or any fraction thereof which is liquid
at standard conditions of temperature and pressure, sludge, oil refuse
and oil mixed with waste.
Operator.
The person or persons who, either individually or taken together,
meet the following two criteria:
(1)
They have operational control over the facility specifications
(including the ability to make modifications in specifications); and
(2)
They have the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirements and any permit conditions.
Owner.
The person who owns a facility or part of a facility.
Person.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all federal, state and
local governmental entities.
Pesticide.
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).
Petroleum product.
A petroleum 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. The term does not include
naphtha-type jet fuel, kerosene-type jet fuel or a petroleum product
destined for use in chemical manufacturing or feedstock of that manufacturing.
Petroleum storage tank (PST).
Any one, or a combination of, above-ground or underground
storage tanks that contain petroleum products and any connecting underground
pipes.
Point source.
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 agriculture
stormwater runoff.
Pollutant.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal and agricultural waste
discharged into water. The term “pollutant” does not include
tailwater or runoff water from irrigation or rainwater runoff from
cultivated or uncultivated rangeland, pastureland and farmland.
Pollution.
The alteration of the physical, thermal, chemical or biological
quality of, or the contamination of, any water in the state that renders
the water harmful, detrimental or injurious to humans, animal life,
vegetation, or property, or to the public health, safety or welfare,
or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Qualified personnel.
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.
Release.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the municipal separate storm sewer system (MS4) or the waters
of the United States.
Reportable quantity (RQ).
For any “hazardous substance” the quantity established
and listed in table 302.4 of 40 CFR part 302; for any “extremely
hazardous substance,” the quantity established in 40 CFR part
355 and listed in appendix “A” thereto.
Rubbish.
Nonputrescible solid waste, excluding ashes, that consist
of:
(1)
Combustible waste materials, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves,
and similar materials; and
(2)
Noncombustible waste materials, including glass, crockery, tin
cans, aluminum cans, metal furniture and similar materials that do
not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees
Fahrenheit).
Sanitary sewer (or sewer).
The system of pipes, conduits and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to the city sewage treatment
plant (and to which stormwater, surface water and groundwater are
not intentionally admitted).
Septic tank waste.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers and septic tanks.
Service station.
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
Sewage (or sanitary sewage).
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 city sewage treatment plant for treatment.
Site.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
Solid waste.
Any garbage, rubbish, refuse, 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.
Stormwater.
Stormwater runoff, snowmelt runoff and surface runoff and
drainage.
Stormwater discharge associated with industrial activity.
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 in 40 CFR section 122.26(b)(14),
and which is not excluded from the EPA’s definition of the same
term.
Stormwater pollution prevention plan (SWPPP).
A plan required by either the construction general permit
or the industrial 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.
Used oil (or used motor oil).
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.
Water in the state (or water).
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 nonnavigable,
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.
Water quality standard.
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 30 of the Texas Administrative Code.
Waters of the United States.
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.
Wetland.
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.
Yard waste.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance 495-15 adopted 6/18/15)
The city may adopt reasonable fees for reimbursement of costs
of constructing, operating and maintaining the city’s MS4, and
for reimbursement of costs of implementing its stormwater management
program as required by the EPA or the state and the cost of implementing
this article, which costs may include but not be limited to the following:
(1) Fees for monitoring, inspection and surveillance procedures, including
the cost of collecting and analyzing discharges and reviewing monitoring
reports submitted by dischargers;
(2) Fees for spill and release reports and responding to spills and releases
of oil, hazardous and extremely hazardous substances and other pollutants;
and
(3) Other fees as the city may deem necessary to carry out the requirements
contained in this article. These fees relate solely to the matters
covered by this article and are separate from all other fees, fines
and penalties chargeable by the city.
(Ordinance 495-15 adopted 6/18/15)