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)