(a) It shall
be a violation of this chapter for any person to deposit, throw, drain,
discharge, cause or allow to be deposited, thrown, drained or discharged,
or otherwise cause to be injected into the MS4, or any storm sewer
manhole, catch basin, private drain, ditch, street, gutter, creek,
stream, tributary, or any other drainage device which connects with
or drains into the MS4, any of the following described materials or
substances within the corporate limits of the City of Alamo Heights:
(1) Any
acid waste materials;
(2) Any
alkaline waste materials;
(3) Any
water or waste containing free-floating, or insoluble oil;
(4) Any
gasoline, naphtha, fuel oil, mineral oil or other flammable or explosive
liquid, solid or gas;
(5) Any
noxious, malodorous, poisonous, or reactive substance which, either
singularly or by interaction with other substances, or by its accumulation
in the MS4 becomes injurious or potentially injurious to human, plant
or animal life, or property; or
(6) Any
domestic wastewater or industrial wastewater as defined in this chapter.
(b) It shall
be a defense to prosecution under this section that such person was
authorized to commit any act under a valid permit from the Texas Commission
on Environmental Quality or the United States Environmental Protection
Agency, which would otherwise constitute a violation at the time of
commission.
Commentary: It is the intent of this
chapter to prohibit indiscriminate discharging to the MS4; such indiscriminate
discharging includes dumping or releasing of any accumulations of
process materials, washing or cleaning materials or other wastes into
the MS4. It is also the intent to eliminate improper storage or handling
of dangerous, hazardous, or otherwise harmful materials in such a
manner as to cause or allow their discharge into the MS4. However,
these regulations are not intended to prohibit discharge of non-contaminated
and non-polluting water which are not expected to be significant sources
of pollutants because of the nature of their discharges. Consequently,
no special controls or conditions are established for sources such
as: 1) water line and fire hydrant flushing (excluding discharges
of hyperchlorinated water, unless the water is first dechlorinated
and discharges are not expected to adversely affect aquatic life);
2) runoff or return flow from landscape irrigation, lawn irrigation,
and other irrigation utilizing potable water, groundwater, or surface
water sources; 3) discharges from potable water sources; 4) diverted
stream flows; 5) rising ground waters and springs; 6) uncontaminated
ground water infiltration; 7) uncontaminated pumped ground water;
8) foundation and footing drains; 9) air conditioning condensation;
10) water from crawl space pumps; 11) individual residential vehicle
wash water; 12) external building wash water; 13) flows from wetlands
and riparian habitats; 14) dechlorinated swimming pool discharges;
15) pavement and street wash water; 16) water used to control dust;
17) discharges or flows from fire fighting activities (fire fighting
activities do not include washing of trucks, run-off water from training
activities, test water from fire suppression systems, and similar
activities); 18) other allowable non-stormwater discharges listed
in 40 CFR (122.26(d)(2)(iv)(B)(1); 19) non-stormwater discharges that
are specifically listed in the TPDES Multi Sector General Permit (MSGP)
or the TPDES Construction General permit (CGP); and 20) other similar
occasional incidental non-stormwater discharges.
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(Ordinance 1817 adopted 4/13/2009)
(a) It shall
be a violation of this chapter for any person to deposit, discard
or dump, or cause or allow to be deposited, discarded or dumped any
brush cuttings, clippings, or rubbish within the MS4.
(b) It shall
be a violation of this chapter for any person to place or cause or
allow to be placed or dropped, brush cuttings, clippings, and/or rubbish
within any street in the corporate limits of the city in such a manner
that the same may be washed by the flow of water into the MS4.
Commentary: It is the intent of this
section to restrict placement of rubbish, brush, lawn clippings or
leaves, etc. into the MS4. It is also the intent to require that during
certain seasons when leaves are shed that these materials are removed
properly and prevented from collecting in mass quantities in the streets
or MS4. It is recognized that from time to time during certain seasons
or during normal yard maintenance, leaves, clippings, etc. will fall
into the streets.
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(Ordinance 1817 adopted 4/13/2009)
(a) It shall
be a violation of this chapter for any person to place, or cause or
allow to be placed, a household hazardous waste within the MS4.
(b) It shall
be a violation of this chapter for any person to place, or cause or
allow to be placed, a household hazardous waste within any street
in the corporate limits of the city in such a manner that the same
may be washed by the flow of water into the MS4.
Commentary: The intent of this ordinance
is to prohibit those conducting household activities such as cleaning,
renovating, painting, auto repair, and other similar activities which
utilize household hazardous wastes from discarding such wastes into
the MS4, or from performing any activity that would result in the
contamination of the MS4 with such household hazardous wastes.
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(Ordinance 1817 adopted 4/13/2009)
(a) It shall
be a violation of this chapter for any person to cause or allow a
pesticide to enter into the MS4.
(b) It shall
be a violation of this chapter for any person to utilize a pesticide
in a manner inconsistent with the proper usage set out in the labeling
for such pesticide in accordance with the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).
(c) It shall
be a violation of this chapter for any person to utilize a pesticide
which is not properly labeled in accordance with FIFRA.
(d) It shall
be a defense to prosecution under this section that the person accused
of such violation utilized a pesticide in accordance with the requirements
of FIFRA in a manner consistent with its labeling. The term "labeling"
pursuant to Section 136 of FIFRA means all labels and all other written,
printed or graphic matter:
(1) Accompanying
the pesticide or device at any time; or
(2) To
which reference is made on the label or in literature accompanying
the pesticide or device except to current official publications of
the Environmental Protection Agency, the United States Departments
of Agriculture and Interior, the Department of Health and Human Services,
state experiment stations, state agricultural colleges, and other
federal or state institutions or agencies authorized by law to conduct
research in the field of pesticides.
Commentary: It is recognized that excess
pesticides will migrate into the MS4 even under normal and proper
usage. It is the intent of this ordinance to restrict the usage of
those chemicals to the manner deemed appropriate by their manufacturer
and consistent with FIFRA.
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(Ordinance 1817 adopted 4/13/2009)