The purpose and objectives of this article are as follows:
(1) To
maintain and improve the quality of surface water and groundwater
within the city, and the state.
(2) To
prevent the discharge of contaminated stormwater runoff from industrial,
commercial, residential, and construction sites into the municipal
separate storm sewer system (MS4) within the city.
(3) To
promote public awareness of the hazards involved in the improper discharge
of hazardous substances, petroleum products, household hazardous waste,
industrial [waste, sediment from construction sites, pesticides, herbicides,
fertilizers, and other contaminants into the storm sewers and natural
waters of the city.]
(4) To
encourage recycling of used motor oil and safe disposal of other hazardous
consumer products.
(5) To
facilitate compliance with state and federal standards and permits
by owners and operators of industrial and construction sites within
the city.
(6) To
enable the city to comply with all federal and state laws and regulations
applicable to stormwater discharges, under TPDES General Permit No.
TXR040401.
(Ordinance 140218 adopted 2/18/14)
Except as otherwise provided herein, the city mayor or stormwater
manager shall administer, implement, and enforce the provisions of
this article.
(Ordinance 140218 adopted 2/18/14)
The following abbreviations when used in this article shall
have the designated meanings:
BMP
|
Best management practices
|
BTEX
|
Benzene, toluene, ethyl benzene, and xylene
|
CFR
|
Code of Federal Regulations
|
EPA
|
U.S. Environmental Protection Agency
|
HHW
|
Hazardous household waste
|
Mg/l
|
Milligrams per liter
|
MS4
|
Municipal separate storm sewer system
|
NOI
|
Notice of intent
|
NOT
|
Notice of termination
|
PST
|
Petroleum storage tank
|
SWPPP
|
Stormwater pollution prevention plan
|
TPDES
|
Texas Pollutant Discharge Elimination System
|
TPH
|
Total petroleum hydrocarbons
|
(Ordinance 140218 adopted 2/18/14)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
Best management practices (BMP).
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practice 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 Beverly Hills, Texas.
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.
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 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.
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 of the City of Beverly Hills, 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.
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.
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 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 stormwater, and which is not
used for collecting or conveying sewage.
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, copartnership, 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.
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 agricultural
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
tail water or runoff water from irrigation or rainwater runoff from
cultivated or uncultivated rangeland, pastures land, 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.
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 (1600 to 1800 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 are discharged
into the city sanitary sewer system and passes through the sanitary
sewer system to the City of Waco 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 listed in 40 CFR
122.26(b)(14), and which is not excluded from EPA’s definition
of the same term.
Stormwater manager.
The person appointed to the position of stormwater manager
by the city, or his/her duly authorized representative.
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 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 31 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.
Yard waste.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance 140218 adopted 2/18/14)
(a) The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in section
3.08.005.
(b) No
person shall introduce or cause to be introduced into the MS4 any
discharge that causes or contributes to causing the city to violate
their TPDES permit.
(c) No
person shall dump, spill, leak, pump, pour, emit, empty, discharge,
leach, dispose, or otherwise introduce or cause, allow, or permit
to be introduced any of the following substances into the MS4:
(1) Any used motor oil, antifreeze, or any other motor vehicle fluid;
(3) Any hazardous waste, including hazardous household waste;
(4) Any domestic sewage or septic tank waste, grease trap waste, or grit
trap waste;
(5) Any garbage, rubbish, or yard waste;
(6) Any dumpster, or trailer overflow:
(A) All individuals, businesses and/or firms renting dumpsters in the
city shall be responsible for:
(i)
Keeping dumpster(s) covered at all times.
(ii)
Maintaining their dumpster(s) and the area around their dumpster(s)
in a clean and sanitary condition.
(iii)
Providing an adequately sized dumpster with necessary pickups
in order to prevent the overflow of refuse.
(B) All individuals, businesses and/or firms utilizing trailers to store
or transport household refuse and/or construction debris, shall keep
trailers covered with a secured tarp at all times in order to prevent
the release of windblown refuse or debris.
(C) Any individual, business and/or firm failing to maintain a dumpster
or trailer in accordance with these regulations shall be subject to
a fine of up to two hundred fifty dollars ($250.00).
(7) Any wastewater from a commercial carwash facility; from any vehicle
washing, cleaning, or maintenance at any new or used automobile or
other vehicle dealership, rental agency, body shop, repair shop, or
maintenance facility; or from any washing, cleaning, or maintenance
of any business or commercial or public service vehicle, including
a truck, bus, or heavy equipment;
(8) Any wastewater from a commercial mobile power washer or from the
washing or other cleaning of a building exterior that contains any
soap, detergent, degreaser, solvent, or any other harmful cleaning
substance;
(9) Any wastewater from commercial floor, rug, or carpet cleaning;
(10) Any wastewater from the wash down or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or
any wastewater from the wash down or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful
quantities of such released material have been previously removed;
(11) Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blow down from a boiler;
(12) Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or hydro mulch material, or from the cleaning of vehicles or equipment
containing, or used in transporting or applying, such material;
(13) Any filter backwash from a swimming pool, fountain, or spa;
(14) Any water from a water curtain in a spray room used for painting
vehicles or equipment;
(15) Any contaminated runoff from a vehicle wrecking yard;
(16) Any substance or material that will damage, block, or clog the MS4;
(17) Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
of pumped, confined, or treated wastewater from the remediation of
any such PST release, unless the discharge satisfies all of the following
criteria:
(A) Compliance with all state and federal standards and requirements;
(B) No discharge containing a harmful quantity of any pollutant;
(C) No discharge containing more than 50 parts per billion of benzene;
500 parts per billion combined total quantities of benzene, toluene,
methylbenzene, and xylem (BTEX); or 15 mg/l of total petroleum hydrocarbons
(TPH).
(d) No
person shall introduce or cause to be introduced into the MS4 any
harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation or other construction
activities, or associated with landfilling or other placement or disposal
of soil, rock, or other earth materials, in excess of what could be
retained on site or captured by employing sediment and erosion control
measures to the maximum extent practicable.
(e) No
person shall connect a line conveying sanitary sewage, domestic or
industrial, to the MS4, or allow such a connection to continue.
(f) No
person shall cause or allow any pavement washwater from a service
station to be discharged into the MS4 unless such washwater has passed
through a properly functioning and maintained, grease, oil, and sand
interceptor before discharge into the MS4.
(g) Regulation of pesticides, herbicides, and fertilizers.
(1) Any sale, distribution, application, labeling, manufacture, transportation,
storage, or disposal of a pesticide, herbicide, or fertilizer must
comply fully with all state and federal statutes and regulations including,
without limitation, the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA;
chapters 63, 75, and 76 of the Texas Agriculture Code and all state
regulations promulgated pursuant thereto; and any other state or federal
requirement.
(2) Any license, permit, registration, certification, or evidence of
financial responsibility required by state or federal law for sale,
distribution, application, manufacturer, transportation, storage,
or disposal of a pesticide, herbicide or fertilizer must be presented
to the stormwater manager and any city law enforcement officer for
examination upon request.
(3) No person shall use or cause to be used any pesticide or herbicide
contrary to any directions for use on any labeling required by state
or federal statute or regulation.
(4) No person shall use or cause to be used any pesticide, herbicide,
or fertilizer in any manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(5) No person shall dispose of discard, store, or transport a pesticide,
herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer
container, in a manner that the person knows, or reasonably should
know, is likely to cause, or does cause, a harmful quantity of the
pesticide, herbicide, or fertilizer to enter the MS4 or waters of
the United States.
(h) Used oil regulation.
No person shall:
(1) Discharge motor vehicle oil into the MS4 or a sewer, drainage system,
septic tank, surface water, groundwater, or watercourse;
(2) Knowingly mix or commingle used oil with solid waste that is to be
disposed of in a landfill or knowingly directly dispose of used oil
on land or in a landfill;
(3) Apply used oil to a road or land for dust suppression, weed abatement,
or other similar use that introduces used oil into the environment.
(Ordinance 140218 adopted 2/18/14)
(a) The
person in charge of any facility, vehicle, or other source of any
spilling, leaking, pumping, pouring, emitting, emptying, discharging,
escaping, leaching, dumping, disposing, or any other release of any
of the following quantities of any of the following substances that
may flow, leach, enter, or otherwise be introduced into the MS4 or
waters of the United States, shall immediately telephone and notify
the stormwater manager concerning the incident:
(1) An amount equal to or in excess of a reportable quantity of any hazardous
substance, as established under 40 CFR part 302;
(2) An amount equal to or in excess of a reportable quantity of any extremely
hazardous substance, as established under 40 CFR part 355;
(3) An amount of oil that either:
(A) Violates applicable water quality standards; or
(B) Causes a film or sheen upon or discoloration of the surface of the
water or an adjoining shoreline or causes a sludge or emulsion to
be deposited beneath the surface of the water or upon an adjoining
shoreline; or
(4) Any harmful quantity of any pollutant.
(b) The immediate notification required by subsection
(a) above shall include the following information:
(1) The identity or chemical name of the substance released, and whether
the substance is an extremely hazardous substance;
(2) The exact location of the release, including any known name of the
waters involved or threatened and any other environmental media affected;
(3) The time and duration (thus far) of the release;
(4) An estimate of the quantity and concentration (if known) of the substance
released;
(5) The source of the release;
(6) Any known or anticipated health risks associated with the release
and, where appropriate, advice regarding medical attention that may
be necessary for exposed individuals;
(7) Any precautions that should be taken as a result of the release;
(8) Any steps that have been taken to contain and/or clean up the released
material and minimize its impacts; and
(9) The names and telephone numbers of the person or persons to be contacted
for further information.
(c) Within
fifteen (15) days following such release, the responsible person in
charge of the facility, vehicle, or other source of the release shall,
unless waived by the stormwater manager submit a written report containing
each of the items of information specified above, as well as the following
additional information:
(1) The ultimate duration, concentration, and quantity of the release;
(2) All actions taken to respond to, contain, and clean up the released
substances, and all precautions taken to minimize the impacts;
(3) Any known or anticipated acute or chronic health risks associated
with the release;
(4) Where appropriate, advice regarding medical attention necessary for
exposed individuals;
(5) The identity of any governmental/private sector representatives responding
to the release; and
(6) The measures taken or to be taken by the responsible person(s) to
prevent similar future occurrences.
(d) The notifications required by subsections
(b) and
(c) shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the city, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this article or to state or federal law.
(e) Any person responsible for any release as described in subsection
(a) above shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release.
(f) Any person responsible for a release described in subsection
(a) above shall reimburse the city for any cost incurred by the city in responding to the release.
(Ordinance 140218 adopted 2/18/14)
(a) 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 the clearing, grading, excavation, and other construction
activities to the maximum extent practicable. Such best management
practices may include, but not be limited to, the following measures:
(1) Ensuring that existing vegetation is preserved 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. Stabilization measures may include: temporary seeding, permanent
seeding, mulching, geotextiles, sod stabilization, vegetative buffer
strips, protection of trees, preservation of mature vegetation, and
other appropriate measures;
(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, and mortar, to the MS4 or waters of the United States;
(5) A single, on-site location, shall be erected with an appropriate
BMP, in order to allow for concrete truck washout, to ensure zero
percent leaching into surrounding soil;
(6) Providing general good housekeeping measures to prevent and contain
spills of paints, solvents, fuels, septic waste, and other hazardous
chemicals and pollutants associated with construction, and to assure
proper cleanup and disposal of any such spills in compliance with
state, federal, and local requirements. All portable fueling tanks
used to fuel on-site construction equipment shall have secondary containment;
(7) Implementation of proper waste disposal and waste management techniques,
including covering waste materials and minimizing ground contact with
hazardous chemicals and trash;
(8) Timely maintenance of vegetation, erosion and sediment control measures,
and other best management practices in good and effective operating
condition; and
(9) 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:
stormwater detention structures (including wet ponds); stormwater
retention structures; flow attenuation by use of open vegetative swales
and natural depressions; other velocity dissipation devices; infiltration
of runoff on site; and 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) 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 14 calendar days
and within 24 hours of the end of a storm that is 0.5 inches 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 revised as appropriate,
and as soon as is practicable.
(c) The
city may deny approval of any building permit, grading permit, certificate
of occupancy, subdivision plat, site development plan, 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 city engineer
or stormwater manager are determined not to control and reduce the
discharge of sediment, silt, earth, soil, and other materials associated
with clearing, grading, excavation, and other construction activities
to the maximum extent practicable.
(d) Any
contractor or subcontractor on a site of construction activity, who
is not an owner or operator, but who is responsible under his/her
contract or subcontract for implementing a best management practices
control measure, is jointly and severally responsible for any willful
or negligent failure on his/her part to adequately implement that
control measure.
(Ordinance 140218 adopted 2/18/14)
All operators of sites of construction activity, including clearing,
grading, and excavation activities, that result in the disturbance
of one or more acres of total land area, or that are part of a common
plan of development or sale within which one or more acres of total
land area are disturbed, or who are required to obtain an TPDES permit
for stormwater discharges associated with construction activity, shall
comply with the following requirements:
(1) Any
operator who intends to obtain coverage for stormwater discharges
from a construction site under the TPDES general permit for stormwater
discharges from construction sites (“the stormwater quality
permit”) shall submit a signed copy of its notice of intent
(NOI) to the city engineer at least 7 days prior to the commencement
of any construction activities.
(2) A
stormwater pollution prevention plan (SWPPP) shall be prepared and
implemented in accordance with the requirements of the TPDES construction
general 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) Upon
the city engineer’s review of the SWPPP and any site inspection
that he/she may conduct, the city may deny approval of any building
permit, grading permit, certificate of occupancy, subdivision plat,
site development plan, 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 TPDES 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 engineer
determines that the SWPPP is not being fully implemented, the city
may similarly deny approval of any building permit, grading permit,
certificate of occupancy subdivision plat, site development plan or
any other city approval necessary to commence or continue construction,
or to assume occupancy, at the site.
(4) 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 Texas Pollutant Discharge Elimination System (TPDES)
permit that authorizes the stormwater discharges associated with activity
from the construction site identified as part of this certification,
with the stormwater article of the City of Beverly Hills, and with
those provisions of the stormwater pollution prevention plan (SWPPP)
for the construction site for which I am responsible.
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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 of the site; and the date the certification
is made.
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(5) The
operator shall make the SWPPP and any modification thereto available
to the city mayor or stormwater manager upon request.
(6) The
city engineer or stormwater manager may notify the operator at any
time that the SWPPP does not meet the requirements of the construction
general permit, any applicable individual or group TPDES 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 article, 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
(7) days of such notification from the city engineer or stormwater
manager, the operator shall make the required changes to the SWPPP
and shall submit to the city engineer a written certification that
the requested changes have been made.
(7) The
operator shall amend 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 amended to identify any new contractor and/or subcontractor
that will implement a measure in the SWPPP.
(8) 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 fourteen (14)
calendar days and within 24 hours of the end of a storm event of 0.5
inches 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 daily for evidence of off-site
sediment tracking, remediation of tracking on city streets shall be
sweep, picked up and disposed of properly.
(9) Based on the results of the inspections required by subsection
(8) above, the site description and/or the pollution prevention measures identified in the SWPPP shall be revised 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.
(10) A report summarizing the scope of any inspection required by subsection
(8) above, and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with above 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 TPDES permit, and this article. The report shall be certified and signed by the person responsible for making it.
(11) The operator shall retain copies of any SWPPP and all reports required
by this article or by the TPDES 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.
(12) Where a site has been finally stabilized and all stormwater discharges
from construction activities that are authorized by this article and
by the TPDES 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
a notice of termination (NOT) that includes the information required
for notices of termination by part II section F; of the construction
general permit.
(13) Upon final stabilization of the construction site, the owner (or
the duly authorized representative thereof) shall submit written certification
to the city engineer that the site has been finally stabilized. (See
definition of final stabilization in this article.) The city may withhold
a certificate of occupancy or use permit for any premises constructed
on the site until such certification of final stabilization has been
filed and the city engineer has determined, following any appropriate
inspection, that final stabilization has, in fact, occurred and that
any required permanent structural controls have been completed.
(14) Weekly on-site meetings shall be conducted to ensure compliance with
TPDES permit and city ordinance guidelines.
(Ordinance 140218 adopted 2/18/14)
(a) Right of entry: inspection and sampling.
The stormwater
manager shall have the right to enter the premises of any person discharging
stormwater to the municipal separate storm sewer system (MS4) or to
waters of the United States to determine if the discharger is complying
with all requirements of this article, and with any state or federal
discharge permit, limitation, or requirement. Dischargers shall allow
the stormwater manager ready access to all parts of the premises for
the purposes of inspection, sampling, records examination and copying,
and for the performance of any additional duties. Dischargers shall
make available to the stormwater manager, upon request, any SWPPP,
modifications thereto, self-inspection reports, monitoring records,
compliance evaluations, notices of intent, and any other records,
reports, and other documents related to compliance with this article
and with any state or federal discharge permit.
(1) Where a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the stormwater manager
will be permitted to enter without delay for the purposes of performing
his/her responsibilities.
(2) The stormwater manager shall have the right to set up on the discharger’s
property, or require installation of such devices as are necessary
to conduct sampling and/or metering of the discharger’s operations.
(3) The stormwater manager may require any discharger to the MS4 or waters
of the United States to conduct specified sampling, testing, analysis,
and other monitoring of its stormwater discharges, and may specify
the frequency and parameters of any such required monitoring.
(4) The stormwater manager may require the discharger to install monitoring
Equipment as necessary at the discharger’s expense. The facility’s
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the discharger at the written or verbal request of the stormwater
manager and shall not be replaced. The costs of clearing such access
shall be borne by the discharger.
(6) Unreasonable delays in allowing the stormwater manager access to
the discharger’s premises shall be a violation of this article.
(b) Search warrants.
If the stormwater manager has been
refused access to any part of the premises from which stormwater is
discharged, and he/she is able to demonstrate probable cause to believe
that there may be a violation of this article or any state or federal
discharge permit, limitation, or requirement, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the city designed to verify compliance with this article
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the stormwater manager
may seek issuance of a search warrant from any court of competent
jurisdiction.
(Ordinance 140218 adopted 2/18/14)
(a) Citizen reports of violations.
(1) All citizens are encouraged to report to the stormwater manager or
his/her delegate any spills, releases, illicit connections, other
instances of anyone discharging pollutants into the MS4 or waters
of the United States, and any other violation of this article of which
they become aware.
(2) The stormwater manager will designate an individual or office within
his/her department to receive all such citizen reports by telephone,
in writing, and in person. A written record of each citizen report
will be prepared and kept on file for a period of 3 years, and a copy
of the city’s record of the report will be furnished to the
reporting citizen upon request. Also upon request, the stormwater
manager will inform the reporting citizen of any action undertaken
by the city in response to the citizen’s report.
(b) Publication of dischargers in significant noncompliance.
The stormwater manager may periodically publish, in a daily newspaper
generally distributed within the city, a list of owners and operators
of discharges to the MS4 or waters of the United States from sites
of construction and industrial activity which, during the previous
12 months, were in significant noncompliance with the requirements
of this article. The term “significant noncompliance”
shall mean:
(1) Introducing or causing to be introduced into the waters of the United
States any discharge that violates a water quality standard;
(2) Introducing or causing to be introduced into the MS4 any discharge
that causes or contributes to causing the city to violate a water
quality standard, the city’s TPDES permit, or any state-issued
discharge permit for discharges from the city’s MS4;
(3) Any connection of a line conveying sanitary sewage, domestic or industrial,
to the MS4, or allowing any such connection to continue;
(4) Any discharge of pollutants to the MS4 or waters of the United States
that has caused an imminent or substantial endangerment to the health
or welfare of persons or to the environment, or has resulted in the
stormwater manager’s exercise of his/her emergency authority
to halt or prevent such a discharge;
(5) Any violation that has resulted in injunctive relief, civil penalties, or criminal fine being imposed as a judicial remedy under section
3.08.013 of this article;
(6) Any other violation(s), which the stormwater manager determines to
be chronic or especially dangerous to the public or to the environment;
or
(7) Any failure to comply with a compliance schedule, whether imposed
by the city or by a court.
(Ordinance 140218 adopted 2/18/14)
(a) Notification of noncompliance.
When the city engineer
or stormwater manager finds that any person has violated, or continues
to violate, any provision of this article, or any order issued hereunder,
the city engineer or stormwater manager may serve upon that person
a written notice of noncompliance. The person shall take corrective
action to correct the issue of noncompliance.
(b) Cease and desist orders.
(1) When the city engineer or stormwater manager finds that any person
has violated, or continues to violate, any provision of this article,
or any order issued hereunder, or that the person’s past violations
are likely to recur, and that the person’s violation(s) have
caused or contributed to an actual or threatened discharge to the
MS4 or waters of the United States which reasonably appears to present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, the city stormwater manager may issue
an order to the violator directing it immediately to cease and desist
all such violations and directing the violator to:
(A) Immediately comply with all of the article requirements; and
(B) Take such appropriate preventive action as may be needed to properly
address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge.
(2) Any person notified of an emergency order directed to it under this
subsection shall immediately comply and stop or eliminate its endangering
discharge. In the event of a discharger’s failure to immediately
comply voluntarily with the emergency order, the city engineer or
stormwater manager may take such steps as deemed necessary to prevent
or minimize harm to the MS4 or waters of the United States, and/or
endangerment to persons or to the environment, including immediate
termination of a facility’s water supply, sewer connection,
or other municipal utility services. The city engineer or stormwater
manager may allow the person to recommence its discharge when it has
demonstrated to the satisfaction of the city engineer or stormwater
manager that the period of endangerment has passed, unless further
termination proceedings are initiated against the discharger under
this article. A person that is responsible, in whole or in part, for
any discharge presenting imminent endangerment shall submit a detailed
written statement, describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence, to the city
engineer or stormwater manager within 5 days of receipt of the emergency
order. Issuance of an emergency cease and desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the violator.
(c) Red tags.
Whenever the city engineer or stormwater manager finds that any operator of a construction site has violated, or continues to violate, any provisions of sections
3.08.008 and
3.08.009 of this article, or any order issued there under, the city engineer or stormwater manager may order that a “red tag” be issued to the operator, posted at the construction site, and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the city engineer or stormwater manager, the “red tag” shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a “red tag” order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(Ordinance 140218 adopted 2/18/14)
(a) Civil remedies.
(1) Whenever it appears that a person has violated, or continues to violate,
any provision of this article that relates to:
(A) The preservation of public safety, relating to the materials or methods
used in construction of any structure or improvement of real property;
(B) The preservation of public health or to the fire safety of a building
or other structure or improvement;
(C) The establishment of criteria for land subdivision or construction
of buildings, including street design;
(D) Dangerously damaged or deteriorated structures or improvements;
(E) Conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents;
or
(F) Point source effluent limitations or the discharge of a pollutant,
other than from a nonpoint source, into the MS4.
(2) Pursuant to section 54.016 of the Texas Local Government Code, the
city may obtain against the owner or the operator of a facility a
temporary or permanent injunction, as appropriate, that:
(A) Prohibits any conduct that violates any provision of this article
that relates to any matter specified in subsections (1)(A)–(F)
above; or
(B) Compels the specific performance of any action that is necessary
for compliance with any provision of this article that relates to
any matter specified in subsections (1)(A)–(F) above.
(b) Criminal penalties.
(1) Any person who violates any provision of this article shall be guilty
of a misdemeanor offence and upon conviction thereof, shall be punished
by a fine of not less than $250.00 nor more than $2,000.00 for each
violation. Each day in which any violation shall occur shall constitute
a separate offense. Prosecution or conviction under this section shall
not preclude any civil remedy or relief for a violation of this article.
(2) Any person who has knowingly made any false statement, representation,
or certification in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, or any order issued hereunder, or who has falsified, tampered
with, or knowingly rendered inaccurate any monitoring device or method
required under this article shall be guilty of a misdemeanor offence
and upon conviction thereof, shall be punished by a fine of not less
than $250.00 nor more than $2,000.00 for each violation.
(3) In determining the amount of any fine imposed hereunder, the court
shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the magnitude
and duration of the violation, any economic benefit gained through
the violation, corrective actions by the violator, the compliance
history of the violator, the knowledge, intent, negligence, or other
state of mind of the violator, and any other factor as [justice requires.]
(c) Civil suit under the Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of section 26.121 of the Texas Water Code, or any rule, permit, or order of the Texas Commission on Environmental Quality, has occurred or is occurring within the jurisdiction of the city exclusive of its extraterritorial jurisdiction, the city, in the same manner as the Texas Commission on Environmental Quality, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties or both authorized in subsection
(a) of section 26.123 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to section 26.124 of the Texas Water Code. In any suit brought by the city under this subsection, the Texas Commission on Environmental Quality is a necessary and indispensable party.
(d) Remedies nonexclusive.
The remedies provided for in
this article are not exclusive of any other remedies that the city
may have under state or federal law or other city ordinances. The
city may take any, all, or any combination of these actions against
a violator. The city is empowered to take more than one enforcement
action against any violator. These actions may be taken concurrently.
(Ordinance 140218 adopted 2/18/14)
(a) Performance bonds.
The city stormwater manager may,
by written notice, order any owner or operator of a source of stormwater
discharge associated with construction or industrial activity to file
a satisfactory bond, payable to the city, in a sum not to exceed a
value determined by the city stormwater manager to be necessary to
achieve consistent compliance with this article, any order issued
hereunder, any required best management practice, and/or any SWPPP
provision, and/or to achieve final stabilization of the site. The
city may deny approval of any building permit, grading permit, certificate
of occupancy, subdivision plat, site development plan, or any other
city permit or approval necessary to commence or continue construction
or any industrial activity at the site, or to assume occupancy, until
such a performance bond has been filed.
(b) Liability insurance.
The city stormwater manager may,
by written notice, order any owner or operator of a source of stormwater
discharge associated with construction or industrial activity to submit
proof that it has obtained liability insurance, or other financial
assurance, in an amount not to exceed a value determined by the city
stormwater manager, that is sufficient to remediation, restore, and
abate any damage to the MS4, the waters of the United States, or any
other aspect of the environment that is caused by the discharge.
(c) Public nuisances.
A violation of any provision of this
article, or any order issued hereunder, is hereby declared a public
nuisance and shall be corrected or abated as directed by the stormwater
manager. Any person(s) creating a public nuisance shall be subject
to the provisions of this code; governing such nuisances, including
reimbursing the city for any costs incurred in removing, abating,
or remedying said nuisance.
(Ordinance 140218 adopted 2/18/14)
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 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 140218 adopted 2/18/14)