Best management practices or BMPsmeans 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.
Citymeans the City of Terrell Hills, Texas, or the city council of Terrell Hills.
City managermeans the city manager of the City of Terrell Hills, or his/her duly authorized representative.
Commencement of constructionmeans the initial disturbance of soils associated with clearing, grading, excavating, 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.
Dischargemeans any addition or introduction of any pollutant, storm water, 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.
Environmental Protection Agency or EPAmeans 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.
Fertilizermeans 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.
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% of the cover for unpaved areas and areas not covered by permanent structures have been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. (Note: The pervious area shall be uniformly vegetated such that randomly chosen areas, as would be enclosed by a hula hoop, each have a vegetation density at least 70%.)
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 water in the state.
Hazardous materialmeans any substance or materials determined to be hazardous by the Secretary of Transportation according to 49 CFR part
171.8.
means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR part
261.
means a substance or mixture of substances used to destroy a plant or to inhibit plant growth.
Household hazardous waste or HHWmeans any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, 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.
means any byproduct that results from any process of industry, manufacturing, mining, production, trade, business, or facility identified as engaging in an industrial activity under 40 CFR part
122.26.
means the deposition of soil and other inert materials on the land to raise its grade and/or smooth its features.
Licensed professional engineer or LPEmeans a person who has been duly licensed (and registered if practicing as an individual) by the state board of professional engineers to engage in the practice of engineering in the State of Texas.
Motor vehicle fluidmeans any vehicle crankcase oil, antifreeze, transmission fluid, hydraulic fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
Municipal operationsmeans the day-to-day operation and maintenance activities that have the potential for contributing pollutant runoff to the MS4.
Municipal separate storm sewer system or MS4means the system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water.
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.
No exposuremeans that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, run-on and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, byproducts, final products not intended to be used outdoors, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
No exposure certificationmeans receipt of an NPDES Form 3510-11 or an equivalent form issued by TCEQ related to the TPDES general permit.
No exposure exclusionmeans that all industrial facilities that meet the criteria listed in 40 CFR
122.26(b)(14) (except construction) may be excluded from industrial storm water discharge permitting requirements on a conditional basis if certification that a condition of "no exposure" can be made for the facility.
means any source of any discharge of a pollutant that is not a "point source."
Notice of change or NOCmeans the notice of change that is required by the TPDES general permit related to storm water discharges associated with industrial activity.
Notice of intent or NOImeans the notice of intent that is required by the construction general permit, the multi-sector general permit, or other general permit for the discharge of storm water.
Notice of termination or NOTmeans the notice of termination that is required by the construction general permit, the TPDES general permit for industrial activity, or other general permit for the discharge of storm water.
NPDES permitmeans 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.
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, 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: (i) they have operational control over the facility specifications (including the ability to make modifications in specifications); or (ii) 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. This definition includes all federal, state, and local governmental entities.
Pesticidemeans 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).
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 #1 and #2 diesel.
Petroleum storage tank or PSTmeans any one or combination of above-ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
Point sourcemeans 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 storm water runoff.
Pollutantmeans 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 tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland.
Pollutionmeans 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 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 non-putrescible solid wastes that consist of (i) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (ii) 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).
Sanitary sewer (or 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 storm water, 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.
Storm watermeans storm water runoff, snowmelt runoff, and surface runoff and drainage.
Storm water pollution prevention plan or SWPPPmeans 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 storm water discharges associated with construction or other industrial activity at the facility.
Surface water in the statemeans lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), 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 subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment, are not considered to be water in the state.
TPDES permitmeans a permit issued by the TCEQ that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable to an individual, group, or general area-wide basis.
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 storm water, 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 chapter 307 of title 30 of the Texas Administrative Code.
Waters of the United States (from title 40, part 122, section 2 of the Code of Federal Regulations) or waters of the U.S.means:
(1) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;
All interstate waters, including interstate wetlands;
All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:
(A) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
Which are used or could be used for industrial purposes by industries in interstate commerce;
All impoundments of waters otherwise defined as waters of the United States under this definition;
Tributaries of waters identified in subsections (3)(A) through (D) of this definition;
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (3)(A) through (F) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR
423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to man-made bodies of water that neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EPA.
Wetlandmeans 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 wastemeans leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.
(Ordinance 1304, sec. 8-2.2, adopted 4/12/2010; Ordinance adopting 2023 Code)