The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Agricultural stormwater runoffmeans 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 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
Best management practices (BMPs)means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. The term “BMPs” also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
Commencement of constructionmeans the initial disturbance of soils associated with clearing, grading, excavation, land filling, and other construction activities.
Commercialmeans pertaining to any business, trade, industry or other activity engaged in for profit.
Common plan of developmentmeans a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
Constructionmeans any human activity that involves clearing, grading, excavation, land filling, or other placement, movement, removal, or disposal of soil, rock or other earth materials.
Contaminatedmeans containing a harmful quantity of any substance.
Directormeans the building official, or duly authorized representative, except in the case of public works construction projects that are administered, performed, contracted or funded (in whole or in part) by the city. In the case of such city public works projects, the term “director” means the director of the city department that is administering, performing or contracting for the construction project, or duly authorized representative.
Dischargemeans 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.
Dischargermeans 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 sewagemeans 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.
Effluentmeans an outflowing of water or gas from a natural body of water, or from a man-made structure.
Environmental Protection Agency (EPA)means 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.
Facilitymeans any building, structure, installation, process or activity from which there is or may be a discharge of a pollutant.
Fertilizer.(1) The term “fertilizer” means 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 “fertilizer” 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 stabilizationmeans the status when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70 percent 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 departmentmeans the fire department of the city, or any duly authorized representative thereof.
Fire protection watermeans any water, and any substances or materials contained therein, used by any person other than the fire department to control or extinguish a fire.
Garbagemeans 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 quantitymeans the amount of any substance that will cause pollution of waters in the state.
Hazardous wastemeans any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR 261.
Herbicidemeans a substance or mixture of substances used to destroy a plant or to inhibit plant growth.
Household hazardous waste (HHW)means any material generated in a household (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR 261.4(b)(1), would be classified as a hazardous waste under 40 CFR 261.
Industrial wastemeans any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade or business.
Land fillingmeans the deposition of soil and other inert materials on the land to raise its grade and/or smooth its features.
Licensed professional engineer (PE)means 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.
Motor vehicle fluidmeans 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 landfillmeans 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)means 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.
Municipal solid wastemeans 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.
Nonpoint sourcemeans any source of any discharge of a pollutant that is not a point source.
Notice of intent (NOI)means the notice of intent that is required by the baseline industrial general permit, the construction general permit or the multisector general permit.
Notice of termination (NOT)means the notice of termination that is required by the baseline industrial general permit, the construction general permit or the multisector general permit.
NPDES permitmeans a permit issued by the EPA or by the state under authority delegated pursuant to 33 USC 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.
Oilmeans 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, or sludge, oil refuse and oil mixed with waste.
Operatormeans the person or persons who, either individually or taken together, meet either of the following two criteria:
(1) They have operational control over the facility specifications (including the ability to make modifications in specifications); or
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.
Ownermeans the person who owns a facility or part of a facility.
Personmeans 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. The term “person” includes all federal, state and local governmental entities.
Pesticidemeans a substance or mixture of substances intended to prevent, destroy, repeal, 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 Texas Agriculture Code section 76.001).
Petroleum productmeans 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 no. 1 and no. 2 diesel.
Petroleum storage tank (PST)means any one or combination of above-ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
Point source.(1) The term “point source” means 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.
The term “point source” does not include return flows from irrigated agriculture or agricultural stormwater runoff.
Pollutant.(1) The term “pollutant” means 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.
Pollutionmeans the alteration of the physical, thermal, chemical or biological quality of, or the contamination of, any waters 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.
Post-constructionmeans the general time period beginning at the completion of the construction phase of any construction activity.
Public works construction projectmeans any construction performed or funded in whole or part, separately or collectively, by the federal, state, county or local government, including the city.
Qualified personnelmeans 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.
Releasemeans 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.
Rubbishmeans 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 (1,600 to 1,800 degrees Fahrenheit).
Sanitary sewer (sewer)means 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).
Septic tank wastemeans any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
Service stationmeans any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.
Sewage or sanitary sewagemeans 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.
Sitemeans 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 wastemeans 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.
Stormwatermeans stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater discharge associated with industrial activitymeans 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 122, and which is not excluded from the EPA’s definition of the same term.
Stormwater pollution prevention plan (SWPPP)means a plan required by either the construction general permit, the baseline industrial general permit, or the multisector 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.
Uncontaminatedmeans not containing a harmful quantity of any substance.
Used oil or used motor oilmeans 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.
Wastewatermeans any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
Water quality standardmeans 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 31 Tex. Admin. Code chapter 307.
Waters in the statemeans 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.
Waters of the United States.(1) The term “waters of the United States” means:
(A) 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 122.2.
The term “waters of the United States” does not include any waste treatment systems, treatment ponds or lagoons designed to meet the requirements of the federal Clean Water Act.
Wetlandmeans an area that is inundated or saturated by surface water 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. The term “wetlands” generally includes swamps, marshes, bogs and similar areas.
Yard wastemeans leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.
(1998 Code, sec. 113-4; Ordinance 2010-05-003, sec. 2 (113-3), adopted 7/20/10; 2013 Code, sec. 48-4; Ordinance 2018-06-27, sec. 2, adopted 6/26/18)