(a) 
Intent and purposes.
This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) of the city, in order to comply with the requirements of the Texas Pollutant Discharge Elimination System (TPDES) small MS4 general permit process. The purpose of this article is to set forth the minimum requirements for stormwater management to protect the public health, safety, environment and general welfare through the regulation of nonstormwater discharges to the municipal stormwater drainage system to the maximum extent practicable, as required by federal law. The objectives of this article are:
(1) 
To prevent the discharge of contaminated stormwater runoff into the municipal separate storm sewer system (MS4) and natural waters within the city;
(2) 
To prohibit illicit connections to the MS4;
(3) 
To control the discharge of spills and prohibit dumping or disposal of materials other than stormwater into the small MS4;
(4) 
To enforce compliance with the city's ordinances, permits, contracts, or orders;
(5) 
To require installation, implementation, and maintenance of control measures;
(6) 
To receive and collect information, such as stormwater plans, inspection reports, and other information deemed necessary to assess compliance with said permit, from operators of construction sites, new or redeveloped land, and industrial and commercial facilities;
(7) 
To establish legal authority to implement inspection and enforcement procedures to ensure compliance with this article;
(8) 
To respond to noncompliance with Best Management Practices (BMP's) consistent with the city's ordinances or other regulatory mechanisms(s);
(9) 
To assess penalties, including monetary, civil, or criminal penalties;
(10) 
To enter into interagency or interlocal agreements, as necessary.
(b) 
Compatibility with other permit and ordinance requirements.
This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
(c) 
Administration.
The assistant city manager to whom the director of engineering services reports shall administer, implement, and enforce the provisions of this article, and shall hereafter be referred to as the stormwater administrator throughout this article. Any powers granted or duties imposed upon the stormwater administrator of the city may be delegated in writing by the stormwater administrator of the city to persons or entities acting in the beneficial interest of the city.
(d) 
Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this article are minimal standards. This article does not intend nor imply that compliance by any person will ensure prevention of contamination, pollution, and unauthorized discharge of pollutants.
(e) 
Interlocal agreements.
The city has the authority to enter into interagency or interlocal agreements, as necessary in accordance with TPDES small MS4 general permit, part III section A.3.(a)(2)i, as may be amended.
(f) 
Definitions.
Unless specifically defined below words or phrases used in this article shall be interpreted to give them the meaning that they have common usage and to give this article its most reasonable application.
Adverse impact.
A detrimental effect upon water quality or beneficial uses caused by discharge or loading of a pollutant or pollutants.
Agricultural stormwater runoff.
Any stormwater runoff from orchards, cultivated crops, pastures, rangelands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
Appeal.
A request for a review of the stormwater administrator's interpretation or application, directly or by delegated authority, of a provision, rule, standard, regulation, determination or requirement set forth in this article.
Applicant.
Property owner or agent of a property owner who filed an application for a stormwater authorization under a TPDES general permit or an individual TPDES permit.
Authorized enforcement agency.
Employees or designees of the stormwater administrator of the city, or the Texas Commission on Environmental Quality (TCEQ) have authority to enforce this article and/or the TPDES regulations.
Best Management Practices (BMPs).
Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff by preventing or reducing the amount of pollution discharged from a site. BMPs may include a list of recommended activities, maintenance procedures, prohibitions of practices, structural controls, local ordinances, and other management practices.
Building.
Any structure, either temporary or permanent, with walls and a roof, designed to shelter a person, animal, or property, and occupying more than one hundred square feet of area.
CFR.
The Code of Federal Regulations (CFR) contains all of the rules published in the Federal Register by the executive branch agencies of the Federal Government (e.g., EPA).
Clean Water Act (CWA).
The Clean Water Act, as defined in 33 USC 1251 et seq., as may be amended, establishes the basic structure for regulating discharges of pollutants into waters of the United States and regulating quality standards for surface waters. The basics of the CWA was enacted by Congress in 1948 and was called the Federal Water Pollution Control Act, but the act was significantly reorganized and expanded by Congress in 1972. The "Clean Water Act" became the act's common name with amendments in 1972.
Construction activity.
Soil disturbance, including clearing, grading, and excavating, and not including routine maintenance.
Construction Site Notice (CSN).
A notice posted at a construction site in a location that safely and readily visible to the general public and to representatives of agencies having jurisdictional authority that certifies the construction site operates under and complies with the TPDES general permit for construction stormwater and states the on-site location of the SWP3. A copy of the CSN must be submitted to the MS4 operator prior to commencing construction activities.
Contaminated.
Containing a harmful quantity of any substance.
Contamination.
The presence of or entry into the public water supply system, the municipal stormwater drainage system, waters of the state, or waters of the United States of any substance which may be harmful to the public health and/or the quality of water.
Conveyance.
Curbs, gutters, manmade channels and ditches, drains pipes, and other constructed features designed or used for flood control or to otherwise transport stormwater runoff.
Discharge.
Any addition or introduction of any pollutant, stormwater or any other substance whatsoever into the municipal stormwater drainage system or into waters of the United States. This includes, but is not limited to, household hazardous waste, used motor vehicle fluids, and collected quantities of grass clippings, leaf litter, and animal wastes.
Drainage and stormwater easement.
An easement from the owner of a private stormwater facility to the local government, guaranteeing long-term maintenance of stormwater management practices, and allowing access by the local government for inspection and corrective actions if needed.
Environmental Protection Agency (EPA).
The United States Environmental Protection Agency, or any duly authorized official of said agency.
Facility.
Any facility, industrial facility or construction site, required by the Clean Water Act to have a permit to discharge stormwater associated with industrial or construction activity.
General permit for construction stormwater.
The permit, issued by TCEQ under the TPDES permitting program, that authorizes stormwater and certain nonstormwater discharges associated with construction activities to surface water in the state. The TPDES general permit for construction stormwater contains requirements applicable to all construction activities that are eligible for coverage under said permit. For the purposes of this article, The TPDES general permit for construction stormwater is TPDES general permit number TXR150000 relating to stormwater discharges associated with construction activities, issued by TCEQ on February 19, 2013, and effective March 5, 2013, as amended or renewed thereafter.
Harmful quantity.
The amount of any substance that will cause pollution of waters of the state, the municipal stormwater drainage system, or that will present or may present imminent and substantial danger to the environment or to the health or welfare of persons.
Hazardous materials.
Any item or agent (biological, chemical, physical) that has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.
Hyperchlorinated water.
Water resulting from hyperchlorination of water lines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg/L).
Illicit connection.
Any manmade conveyance connecting an illicit discharge directly to a municipal separate storm sewer system.
Illicit discharge.
Any discharge to a municipal separate storm sewer system that is not entirely composed of stormwater, except discharges pursuant to a TPDES stormwater general permit or a separate authorization and discharges resulting from emergency firefighting activities.
Industrial facility.
Any facility required by the Clean Water Act to have a permit to discharge stormwater associated with industrial activity subject to the NPDES/TPDES industrial permits as defined in 40 CFR 122.26(b)(14).
Land disturbance activity.
Any activity which changes the volume or discharge rate of stormwater runoff from the land surface. This includes grading, digging, cutting, scraping, or excavation of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion of piping of any natural or manmade watercourse.
Mean High Water Mark (MHWM).
The average of the high water height of each tidal day observed over the National Tidal Datum Epoch. For stations with shorter series, comparison of simultaneous observations with a control tide station is made in order to derive the equivalent datum of the National Tidal Datum Epoch.
MS4.
Municipal separate stormwater system: see also municipal stormwater drainage system.
Multi sector general permit.
The permit, issued by TCEQ under the TPDES permitting program, that authorizes point source discharges of stormwater and certain nonstormwater associated with industrial activities to surface water in the state, including direct discharges to MS4's. The TPDES multi-sector general permit contains effluent limitations and requirements applicable to all industrial activities that are eligible for coverage under said permit. For the purposes of this article, the TPDES multi-sector general permit is TPDES general permit number TXR050000, issued by TCEQ on July 22, 2011, and effective August 14, 2011 as amended or renewed thereafter.
Municipal stormwater drainage system.
The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, 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 sewage. Also designated as municipal separate storm sewer system (MS4).
National Oceanic and Atmospheric Administration (NOAA).
The United States National Oceanic and Atmospheric Administration, or any duly authorized official or entity of said agency.
National Pollutant Discharge Elimination System (NPDES).
Permit program which controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or manmade ditches.
National Tidal Datum Epoch (NTDE).
The specific 19-year period adopted by the NOAA's National Ocean Service as the official time segment over which tide observations are taken and reduced to obtain mean values (e.g., mean lower low water, etc) for tidal datums. It is necessary for standardization because of periodic and apparent secular trends in sea level. The present NTDE is 1983 through 2001 and is actively considered for revision every 20–25 years.
Nonstormwater discharge.
Any discharge to the storm drain system that is not composed of entirely stormwater.
Notice of Intent (NOI).
A written submission to the TCEQ requesting coverage under the TPDES general permit for construction stormwater, and certifying that the construction activities will comply with the site SWP3. A copy of the NOI must be submitted to the MS4 operator prior to commencing construction activities.
Person.
Any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owners agent.
Playa lake.
Any of several naturally occurring broad, shallow, roughly circular depressions of varying sizes and depths that serve as natural detention basins for stormwater flows within the city.
Pollutant.
In accordance with the Texas Water Code 26.001(13) as may be amended, a pollutant includes the following: dredged, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar, dirt, and industrial, municipal, and agricultural waste discharged into any water in the state.
Premises.
Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Release.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal stormwater drainage system, the water of the state, or the waters of the United States.
Routine maintenance.
Work that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site, such as the routine grading of existing dirt roads, asphalt overlays of existing roads, the routing clearing of existing rights-of-way, and similar maintenance activities.
Small MS4.
For the purposes of this article, a municipal separate storm sewer system, or portion thereof, owned and operated by the city that is located within an urbanized area as determined by the U.S. Census Bureau 2000 or 2010 decennial census, and subject to the TPDES Small MS4 general permit conditions and authorization.
Small MS4 general permit.
The permit, issued by TCEQ, that authorizes Stormwater and certain nonstormwater discharges from small MS4's that are eligible for coverage under said permit. For the purposes of this article, the TPDES small MS4 general permit is TCEQ general permit number TXR040000 relating to discharges from small municipal separate storm sewer systems, issued by TCEQ and effective December 13, 2013, as amended or renewed thereafter.
Stormwater and stormwater runoff.
Rainfall runoff, snow-melt runoff, and surface runoff and drainage.
Stormwater control practices.
Structural or nonstructural measures to minimize stormwater runoff to surface water in the state.
Stormwater management.
The use of structural or nonstructural control practices/BMP's designed to reduce stormwater pollutant runoff, discharge volumes, peak flow discharge rates, and detrimental changes in stream temperature that affect water quality.
Stormwater Pollution Prevention Plan (SWP3).
A document that describes the best management practices and activity to be implemented by the permit holder to identify sources of pollution or contamination at a site and actions to eliminate or reduce pollutant discharges.
Surface water in the state.
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 from the Gulf of Mexico), 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 water courses 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 water treatment are not considered to be water in the state.
TCEQ.
Texas Commission on Environmental Quality or successor. Municipal separate storm sewer system interest delegated to the TCEQ upon authority of the EPA.
Texas Pollutant Discharge Elimination System (TPDES) stormwater discharge permit.
A permit issued by the TCEQ, under the authority of Texas Water Code 26.027 or 26.040, as may be amended, that authorizes the discharge of pollutants into or adjacent water in the state. The TPDES program is administered under the authority delegated pursuant to 33, U.S.C. 1342(b) as may be amended.
Unauthorized discharge.
Any direct or indirect nonstormwater discharge to the municipal stormwater drainage system except as exempted in section 12.07.031(b)(1)(B) of this article.
USC or U.S.C.
The United States Code (USC) is the codification by subject matter of the general and permanent laws of the United States. The USC does not include regulations issued by the executive branch agencies of the federal government (e.g., EPA).
Violation.
The commission of any act that is prohibited by this article or the failure to perform any act that is required by this article is a violation.
(Ordinance 2021-06 adopted 4/19/2021)