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 the Stormwater Quality Best Management Practices for Construction Activities–North Central Texas, second edition, North Central Texas Council of Governments, Arlington, Texas, June 1999.
(1998 Code, sec. 113-6; Ordinance 2010-05-003, sec. 2 (113-6), adopted 7/20/10; 2013 Code, sec. 48-31)
(a) 
Best management practices.
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, land filling 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 ensure 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 ensure 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:
(A) 
Stormwater detention structures (including wet ponds);
(B) 
Stormwater retention structures;
(C) 
Flow attenuation by use of open vegetative swales and natural depressions;
(D) 
Other velocity dissipation devices;
(E) 
Infiltration of runoff on-site; and
(F) 
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) 
Inspections.
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-inch 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) 
Responsibility for compliance.
Any owner of a site of construction activity, whether or not he is an operator, is jointly and individually responsible for compliance with the requirements in this section. Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his contract or subcontract for implementing a best management practices control measure, is jointly and individually responsible for any willful or negligent failure on his part to adequately implement that control measure.
(1998 Code, sec. 113-7; Ordinance 2010-05-003, sec. 2 (113-7), adopted 7/20/10; 2013 Code, sec. 48-32)
(a) 
Preparation and submission of documents.
Unless within one or more of the exceptions specified in subsection (f) of this section, all operators of sites of construction activity, including clearing, grading, excavation and land filling activities, shall prepare and submit the following documents to the director at least 15 calendar days prior to the commencement of construction activities (unless, pursuant to subsection (b) of this section, 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 this subsection (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 land filling 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) 
Required determinations to allow construction within fewer than 15 days.
The director may allow construction to be commenced within fewer than 15 calendar days following submittal of the documents required by subsection (a) of this section if he 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) 
Issuance of orders.
If, upon the director’s review of the management plans and specifications required by subsection (a) of this section (or any modified plans required by subsection (e) of this section) 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 7.07.097, an emergency cease and desist order under section 7.07.099, or a stop work order under section 7.07.100.
(d) 
Denial of approval of building permit, grading permit or other city approval.
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) 
Notification of modification of management practices.
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 shall be submitted to the director as soon as possible, but in no case later than seven calendar days following the change in the management practices.
(f) 
Exceptions.
The requirements of this section shall not apply to any of the following activities:
(1) 
Any construction activity that results in the disturbance of five or more acres of total land area, or that is part of a common plan of development or sale within which five 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 7.07.034 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 five acres or more, related to the construction, alteration, or addition to a single-family, duplex or fourplex residential structure, or an accessory use to any such structure, where one 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 any other waters in the state.
(1998 Code, sec. 113-8; Ordinance 2010-05-003, sec. 2 (113-8), adopted 7/20/10; 2013 Code, sec. 48-33)
All operators of sites of construction activity, including clearing, grading, excavation, and land filling 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 7.07.033:
(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 building official, and to any other responsible city departmental director, at least 15 calendar days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of the ordinance from which this article is derived, the NOI shall be submitted within 30 calendar days after the effective date of the ordinance from which this article is derived. For stormwater discharges from construction sites where the operator changes, an NOI shall be submitted at least two 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 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 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 director at least 15 calendar days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of the ordinance from which this article is derived, the SWPPP shall be submitted within 30 calendar days after the effective date of the ordinance from which this article is derived.
(6) 
A copy of any SWPPP that is required by subsection (2) of this section 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 7.07.097, an emergency cease and desist order under section 7.07.099, or a stop work order under section 7.07.100.
(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 an 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) of this section, 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 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 shall be submitted to the director within seven 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 calendar days and within 24 hours of the end of the storm that is 0.5-inch 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) of this section, 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 calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection. All modifications to the SWPPP shall be submitted to the director within seven calendar days of the date of inspection.
(16) 
A report summarizing the scope of any inspection required by subsection (14) of this section, and the names and qualifications of personnel making the inspection, the dates of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (15) of this section 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 city engineer, and to any other responsible city departmental director, a notice of termination (NOT) that includes the information required for notices of termination 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 director written certification by a licensed professional engineer that the site has been finally stabilized. (See definition of “final stabilization” in section 7.07.004.) The city may withhold occupancy or use permits for any premises constructed on the site until such certification of final stabilization has been filed and the responsible director has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.
(1998 Code, sec. 113-9; Ordinance 2010-05-003, sec. 2 (113-9), adopted 7/20/10; 2013 Code, sec. 48-34)
(a) 
Applicability.
Post-construction stormwater BMPs are required on development or redevelopment construction projects that are expected to disturb at least one acre of land and fall in one or more of the following criteria:
(1) 
Construction of any type of commercial car wash facility.
(2) 
Construction of an automotive fueling facility including convenience stores.
(3) 
Construction of an automotive maintenance or repair facility.
(4) 
Restaurants (fast food or sit-down) with grease collection and disposal.
(5) 
Other land uses deemed to have a high potential of pollutant discharge into the MS4 as determined by the city engineer.
(b) 
General requirements.
(1) 
Post-construction stormwater BMPs are contained in section 7.07.032 of the city’s Code of Ordinances. Alternative BMPs may be used if approved by the engineer.
(2) 
Post-construction BMPs shall be clearly indicated and shown on a site plan for development that is required by this code.
(3) 
The maintenance schedule for post-construction stormwater BMPs shall be clearly indicated and shown on any site plan for development.
(c) 
Public comments or information.
The public may submit comments or information regarding post-construction stormwater management by contacting the city engineer.
(Ordinance 2018-06-27, sec. 3, adopted 6/26/18)