Except for public works construction projects, as provided herein,
the building official shall implement and enforce the provisions of
this article. For public works construction projects that are administered,
performed, contracted, or funded (in whole or in part) by the city,
the director of the city department that is administering, performing,
or contracting for the construction project shall implement and enforce
the provisions of this article. Any powers granted to or duties imposed
in this article upon the building official or the director of another
city department may be delegated by him to other city personnel.
(1998 Code, sec. 113-2; Ordinance 2010-05-003, sec. 2 (113-2), adopted 7/20/10; 2013 Code, sec. 48-2)
The following abbreviations, when used in this article, shall
have the designated meanings:
BMP
|
Best management practices
|
BOD5
|
Five-day biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
EPA
|
U.S. Environmental Protection Agency
|
HHW
|
Household hazardous waste
|
mg/l
|
Milligrams per liter
|
MS4
|
Municipal separate storm sewer system
|
NOI
|
Notice of intent
|
NOT
|
Notice of termination
|
NPDES
|
National Pollutant Discharge Elimination System
|
pH
|
Measure of acidity or alkalinity
|
POTW
|
Publicly owned treatment works
|
PST
|
Petroleum storage tank
|
PE
|
Licensed professional engineer
|
SWPPP
|
Stormwater pollution prevention plan
|
TSS
|
Total suspended solids
|
USC
|
United States Code
|
(1998 Code, sec. 113-3; Ordinance 2010-05-003, sec. 2 (113-3), adopted 7/20/10; 2013 Code, sec. 48-3)
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 runoff
means 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 construction
means the initial disturbance of soils associated with clearing,
grading, excavation, land filling, and other construction activities.
Commercial
means pertaining to any business, trade, industry or other
activity engaged in for profit.
Common plan of development
means a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on
different schedules under one plan.
Construction
means any human activity that involves clearing, grading,
excavation, land filling, or other placement, movement, removal, or
disposal of soil, rock or other earth materials.
Contaminated
means containing a harmful quantity of any substance.
Director
means 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.
Discharge
means 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
means 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
means 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.
Effluent
means 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.
Facility
means 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.
(2)
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 stabilization
means 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 department
means the fire department of the city, or any duly authorized
representative thereof.
Fire protection water
means 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
means 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
means the amount of any substance that will cause pollution
of waters in the state.
Hazardous waste
means any substance identified or listed as a hazardous waste
by the EPA pursuant to 40 CFR 261.
Herbicide
means 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 waste
means any waterborne liquid or solid substance that results
from any process of industry, manufacturing, mining, production, trade
or business.
Land filling
means 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 fluid
means 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
means 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 waste
means 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 source
means 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 permit
means 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.
Oil
means 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.
Operator
means the person or persons who, either individually or taken
together, meet either of the following two criteria:
(1)
They have operational control over the facility specifications
(including the ability to make modifications in specifications); or
(2)
They have the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirements and any permit conditions.
Owner
means the person who owns a facility or part of a facility.
Person
means 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.
Pesticide
means 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 product
means 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.
(2)
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.
(2)
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.
Pollution
means 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-construction
means the general time period beginning at the completion
of the construction phase of any construction activity.
Public works construction project
means any construction performed or funded in whole or part,
separately or collectively, by the federal, state, county or local
government, including the city.
Qualified personnel
means 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
means 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.
Rubbish
means 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 waste
means any domestic sewage from holding tanks such as vessels,
chemical toilets, campers, trailers and septic tanks.
Service station
means any retail establishment engaged in the business of
selling fuel for motor vehicles that is dispensed from stationary
storage tanks.
Sewage or sanitary sewage
means 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.
Site
means 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
means 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
means stormwater runoff, snow melt runoff, and surface runoff
and drainage.
Stormwater discharge associated with industrial activity
means 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.
Uncontaminated
means not containing a harmful quantity of any substance.
Used oil or used motor oil
means 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.
Wastewater
means any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
Water quality standard
means 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 state
means 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;
(B)
All interstate waters, including interstate wetlands;
(C)
All other waters the use, degradation or destruction of which
would affect or could affect interstate or foreign commerce;
(D)
All impoundments of waters otherwise defined as waters of the
United States under this definition;
(E)
All tributaries of waters identified in this definition;
(F)
All wetlands adjacent to waters identified in this definition;
and
(G)
Any waters within the federal definition of “waters of
the United States” at 40 CFR 122.2.
(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.
Wetland
means 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 waste
means 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)