The intent of this article is to satisfy conditions imposed
by the city's National Pollutant Discharge Elimination System (NPDES)
Permit. Delegation of federal authority to the State of Texas, to
administer NPDES permit requirements, has been made by EPA to the
TCEQ. The city will, to the extent allowable under state and local
law, develop, implement, and enforce a program to reduce pollutants
in construction stormwater runoff from projects that disturb areas
of one (1) or more acres of land or projects that are part of a larger
common plan of development or sale that would disturb one (1) or more
acres of land. The program will utilize Best Management Practices
(BMPs) to require erosion and sediment controls with sanctions to
ensure compliance to the extent allowable under state and local law;
requirements for construction site contractors to control erosion
and sediment; requirements for controlling construction waste; procedures
for the city's review of site plans; procedures for receiving information
and complaints; and procedures for the city to inspect construction
sites and to enforce controls.
(Ordinance 1817 adopted 4/13/2009)
(a) Within
the corporate limits of the city, no person shall perform construction
activity that violates provisions of this article. Construction activity
in violation of this article is hereby declared unlawful.
(b) Violations
committed within the corporate limits and within five thousand (5,000)
feet outside the city's corporate limits shall also constitute public
nuisance. Violations of any provision of this article within the city's
corporate limits shall be deemed a criminal class C misdemeanor. Violations
of any provision of this article within the city's corporate limits
or any part of the applicable ETJ shall be further subject to a civil
enforcement option.
(c) No
culpable mental state is required of any responsible party in order
to constitute a violation of this article. Some of the requirements
of this article may be generally characterized as good housekeeping
protocols, those expected to be employed by a reasonably prudent contractor,
operator, owner, or other person having responsibilities for various
activities on a construction site. Where state or federal permits
require the site operator, owner, or other responsible party, to make
a stormwater management plan (SWMP), such plans must be readily available
for city inspection.
(Ordinance 1817 adopted 4/13/2009)
(a) It
is unlawful for any person to engage in construction activity which
activity results in a measurable volume of sediment, soils, soils
material, or pollutants entering the city's municipal storm drainage
system (MS4).
(b) "Measurable
volume" of sediment, soil, soil material, or pollutant, for purposes
of determining a violation, shall be such volume as is capable of
being truly and correctly depicted in a photograph, motion picture,
or video recording of the sediment, soil, soil material, or pollutant
in question.
(c) Nothing in this section shall diminish or change the general prohibitions against MS4 pollution found in section
13-102, article II of this chapter
13, prohibited discharges into the municipal separate storm sewer system. The city shall continue to exercise all enforcement powers set out in this chapter
13, and to gather such evidence as may include, but not be limited to, samples and analysis appropriate to enforcement of chapter
13 provisions.
(d) The
responsible party shall use best management practices (BMPs) to prevent
sediment, soils, soils materials, and pollutants from entering the
city's MS4.
(e) It
is unlawful for any person to engage in construction activity without
employing BMPs necessary to protect the city's MS4 from run-off or
other media capable of transporting sediment, soil, soil material,
and pollutants into the city's MS4.
(Ordinance 1817 adopted 4/13/2009)
(a) Concerning
projects for which the EPA or TCEQ have permitting authority, the
responsible party shall post at the site, as required by federal or
state regulations, a true and correct copy of the NOI.
(b) The
responsible party shall have available for city inspection, on site,
the stormwater management plan (SWMP) imposed by EPA or TCEQ, when
the site in question is subject to such plans imposed by federal or
state law.
(c) The
responsible party shall make the SWMP available to the city inspector,
on reasonable request made during normal working hours.
(d) Failure,
refusal, or inability to provide such plan for inspection, when the
plan is required under state or federal law, constitutes a violation
of this article.
(e) It
shall be unlawful for any person to engage in construction activity
in violation of the elements of an applicable SWMP.
(f) The
responsible party shall provide the city a true and correct copy of
any notice of termination (NOT) necessary to close out a project regulated
by EPA or TCEQ. This copy shall be sent to the city.
(g) Where
permanent improvements have been constructed, the final inspection
shall verify whether or not the "final stabilization" criteria have
been met.
(h) Where
no permanent improvements are planned, temporary BMPs shall continue
to be maintained until site has reached final stabilization.
(i) A site shall continue to be regulated until final stabilization is achieved; and, where applicable to state and federally regulated sites, until a "notice of termination" (NOT) has been filed. A copy of the NOT, if applicable, will also be filed with the city as described above at subsection
(f).
(j) Where
the site has met final stabilization requirements, but the controls
or measures implemented thereafter fail, each discharge of construction
related contamination by the responsible party shall constitute a
violation of this article.
(k) Removal
of temporary BMPs shall be required after the site achieves final
stabilization.
(Ordinance 1817 adopted 4/13/2009)
(a) Responsible
parties are advised to utilize established BMPs and other good housekeeping
protocols synonymous with federal standards directly associated with
EPA's general permit for other construction sites regulated under
federal law. Some of these federally regulated construction sites
are permitted by the State of Texas under guidelines similar to those
of EPA. Responsible parties whose projects of scale fall within state
or federal parameters are responsible to EPA or TCEQ to fulfill requirements
that may differ from or may be more stringent than the provisions
of this ordinance applying to local, individual construction sites
of a scale not regulated by state or federal authorities.
(b) In
contrast, the purpose of this article and its requirements for BMPs
are to satisfy the city's own federal permit which specifically requires
the city to adopt a construction site regulation. Consequently, the
intent of this article is to protect MS4 from pollutants generated
from local construction sites. Federal jurisdiction to support this
directive is found in the conduit of urban runoff traversing the Alamo
Heights area into rivers, streams, and especially bays regulated as
"waters of the United States of America." Hence, stormwater generated
in the area of Alamo Heights presumes to enter into and impact federal
waters.
(Ordinance 1817 adopted 4/13/2009)
(a) The
director may designate city inspectors (inspectors).
(b) Upon
observation of an alleged violation or condition an inspector believes
constitutes a violation of this article, the inspector shall issue
a field correction notice to a responsible party. The field correction
notice shall be personally delivered to a responsible party, if such
person is available on site; or, in the absence of such person, shall
be posted at the construction site. Field correction notices shall
afford two (2) twenty-four-hour periods to correct the violation alleged.
The first twenty-four-hour period should be used to remediate and
remove the offending material, if any, from the city's MS4. A second
twenty-four-hour grace period shall follow immediately to allow the
responsible party to appropriately install or repair corrective BMPs
which was lacking or failed to protect city property.
(c) If
the violation is cured within forty-eight (48) hours, as described
above, no further city action is required.
(d) If
correction is not made timely, the inspector may issue a stop work
order.
(e) If
a stop work order is not honored at the site and/or corrective action
is not timely accomplished to protect the city's MS4, citations may
be issued or civil injunctive remedies with appropriate penalties
may be pursued.
(f) Additional
or cumulative enforcement action may be taken as the seriousness of
the alleged pollutant encroachment in the MS4 may warrant.
(g) Additional
compliance time may be afforded, if within the judgment and discretion
of the inspector, municipal obligations to environmental health and
safety and municipal stormwater compliance obligations to enforcement
agencies are not compromised.
(Ordinance 1817 adopted 4/13/2009)