The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of McAllen, through the regulation
of non-stormwater discharges to the storm drainage system to the maximum
extent practicable as required by federal and state law through the
Clean Water Act. This article establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit process. The objectives of this chapter are:
(a) To
regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user;
(b) To
prohibit illicit connections and discharges to the municipal separate
storm sewer system;
(c) To
establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
This article shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
The engineering department shall administer, implement, and
enforce the provisions of this chapter. Any powers granted or duties
imposed upon the authorized enforcement agency may be delegated in
writing by the Director of the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
No person shall discharge or cause to be discharged into the
municipal storm drainage system or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater. Such discharges may include litter,
yard waste, animal waste, construction debris, grease, oil, paints,
hazardous materials, and discharges from mobile car washing and commercial
and industrial parking facilities.
The commencement, conduct or continuance of any illegal discharge
to the storm drainage system is prohibited except as described as
follows:
(a) The
following discharges are exempt from discharge prohibitions established
by this chapter: waterline flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, dechlorinated
swimming pool discharges, uncontaminated pumped groundwater, foundation
or footing drains (not including active groundwater dewatering systems),
crawl space pumps, air conditioning condensation, springs, non-commercial
washing of vehicles, natural riparian habitat or wet-land flows, fire-fighting
activities, and any other water source not containing pollutants,
such discharges shall not violate Texas Surface Water Quailty Standards.
(b) Discharges
specified in writing by the authorized enforcement agency as being
necessary to protect public health and safety.
(c) Dye
testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
(d) The
prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES or TPDES Stormwater Discharge Permit, waiver, or waste
discharge order issued to the discharger and administered under the
authority of the Federal Environmental Protection Agency, provided
that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drainage system.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
(a) The
construction, use, maintenance or continued existence of illicit connections
to the storm drainage system is prohibited.
(b) This
prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(c) A
person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection
to continue.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
(a) The
engineering department may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4 or Waters of the United States. If the violator
fails to comply with a suspension order issued in an emergency, the
authorized enforcement agency may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or Waters of the United States,
or to minimize danger to persons.
(b) Any
person discharging to the MS4 in violation of this chapter may have
their MS4 access terminated if such termination would abate or reduce
an illicit discharge.
(c) A
person commits an offense if the person discharges in violation or
reinstates MS4 access to premises terminated pursuant to this section,
without the prior approval of the City of McAllen.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the city prior to the allowing of discharges
to the MS4.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
(a) The
City of McAllen shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the city.
(b) Facility
operators shall allow city ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES stormwater
discharge permit to discharge stormwater, and the performance of any
additional duties as defined by state and federal law.
(c) The
City of McAllen shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's storm
water discharge.
(d) The
city has the right to require the discharger to install monitoring
equipment as necessary. 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.
(e) 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 operator at the written or oral request of the city and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(f) Unreasonable
delays in allowing the city access to a permitted facility is a violation
of a storm water discharge permit and of this chapter. A person who
is the operator of a facility with a NPDES stormwater discharge permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the city reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this chapter.
(g) If
the city has been refused access to any part of the premises from
which stormwater is discharged, it may seek issuance of a search warrant
from any court of competent jurisdiction.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
City of McAllen Engineering Department will adopt requirements
identifying best management practices for any activity, operation,
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drainage system, or waters of the U.S. The
owner or operator of a commercial or industrial establishment shall
provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal
storm drain system or watercourses through the use of these structural
and non-structural best management practices. Further, any person
responsible for a property or premise, which is, or may be, the source
of an illicit discharge, may be required to implement, at said person's
expense, additional structural and non-structural best management
practices to prevent the further discharge of pollutants to the municipal
separate storm sewer system. Compliance with all terms and conditions
of a valid National Pollutant Discharge Elimination System Stormwater
Discharge Permit authorizing the discharge of stormwater associated
with industrial activity, to the extent practicable, shall be deemed
compliance with the provisions of this section. These best management
practices shall be part of a stormwater pollution prevention plan
(SWPP) as necessary for compliance with requirements of the National
Pollutant Discharge Elimination System Stormwater Discharge Permit.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of
the watercourse.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drainage system, or water of the U.S. said person shall take
all necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of such a release of hazardous materials
said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a
release of non-hazardous materials, said person shall notify the City
of McAllen Public Works Department, in writing, within one business
day. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
Any person, partnership, or corporation convicted of any violation of this article shall be subject to a fine as provided in section
1-17 and shall be required to bear the expense of any such corrective action. In addition, notification of violation will be forwarded to the Texas Commission on Environmental Quality - Compliance and Enforcement Division for further compliance requirements.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, ditch cleanup,
etc.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense.
(Ordinance 2019-04, § I,
adopted 1/28/2019)
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state, or local
law and it is within the discretion of the City of McAllen to seek
cumulative remedies.
(Ordinance 2019-04, § I,
adopted 1/28/2019)