The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the city through the regulation
of nonstormwater discharges to the municipal separate storm sewer
system (MS4) of all incorporated areas of city and all areas located
within the city's extraterritorial jurisdiction to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the Texas Pollutant
Discharge Elimination System (TPDES) permit process. The objectives
of this article are:
(1)
To regulate pollutants from stormwater discharges into and from
the MS4;
(2)
To prohibit illicit connections and discharges 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 permittee'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 this 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 (BMPs)
required by the small MS4 consistent with its ordinances or other
regulatory mechanism(s);
(9)
To assess penalties, including monetary, civil, or criminal
penalties; and
(10)
To enter into interagency or interlocal agreements or other
maintenance agreements, as necessary.
(Ordinance O-2024-026 adopted 5/2/2024)
The following words and phrases, when used in this article,
shall, for the purpose of this article, have the meanings respectively
ascribed to them in this definitions section, except when the context
otherwise requires. Whenever any words and phrases used herein are
not defined herein but are defined in the federal and state laws regulating
illicit discharge, any such definition therein shall be deemed to
apply to such words and phrases used herein, except when the context
otherwise requires.
An act or omission through which waste or other substances
are inadvertently discharged into water in the state or a MS4.
Schedule of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management
practices to prevent or reduce the discharge of pollutants. BMPs also
include treatment practices, operating procedures, and practices to
control runoff, spills or leaks, waste disposal, or drainage from
raw materials storage areas.
Any day of the week, excluding Saturdays, Sundays, and legal
holidays.
When the term "day" is used herein, unless specifically defined
otherwise, the term shall mean any day of the week, including Saturdays,
Sundays, and legal holidays, with no days being excepted.
Employees of the city, authorized to act on the city's
behalf by the city manager.
Formerly referred to as the Federal Water Pollution Control
Act (33 USC § 1251 et seq.), and any subsequent amendments
thereto.
Construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities.
A common plan of development (also known as a "common plan of development
or sale") is identified by the documentation for the construction
project that identifies the scope of the project, and may include
plats, blueprints, marketing plans, contracts, building permits, a
public notice or hearing, zoning requests, or other similar documentation
and activities. A common plan of development does not necessarily
include all construction projects within the jurisdiction of the city.
Construction of roads or buildings in different parts of the city
would be considered separate "common plans," with only the interconnected
parts of a project being considered part of a "common plan" (e.g.,
a building and its associated parking lot and driveways, building
complex, etc.). Where discrete construction projects occur within
a larger common plan of development or sale but are located one-quarter
mile or more apart, and the area between the projects is not being
disturbed, each individual project can be treated as a separate plan
of development or sale, provided that any interconnecting road, pipeline
or utility project that is part of the same "common plan" is not included
in the area to be disturbed.
The disturbance of soils associated with clearing, grading,
grubbing, demolition or excavating activities or other construction
related activities. This does not include routine maintenance that
is performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the site (e.g., the routine grading of existing
dirt roads, asphalt overlays of existing roads, the routine clearing
of existing rights-of-way, and similar maintenance activities).
Any of the following, by way of illustration and not limitation:
stream, channel, drainageway, drainage/dry well, ephemeral stream,
floodplain, karst feature, storm drainage system, drainage system
appurtenance, water body, watercourse or waterway.
The city employee fulfilling the duties of and holding the
title of director of public works, or similar subsequent title designation,
or their designee.
Any addition or introduction of any pollutant, stormwater,
or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or conveyances.
Any person who causes, allows, permits, or is otherwise responsible
for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
The United States Environmental Protection Agency, the regional
office thereof, any federal department, agency, or commission that
may succeed to the authority of the EPA, and any duly authorized official
of the EPA or such successor agency.
A site plan, construction plan, or grading plan set that
contains a description and location of all temporary erosion and sediment
controls that will be implemented to minimize the discharge of pollutants
into the city's MS4 and surface water of the state during construction.
The unincorporated area that is contiguous to the corporate
boundaries of the municipality based. The extent of the ETJ is based
on the number of municipal habitants per the Texas Local Government
Code chapter 42, subchapter B.
Any substance listed in the appendices to 40 CFR part 355,
Emergency Planning and Notification.
Any building, structure, installation, or activity from which
there is or may be a discharge of a pollutant.
A solid or nonsolid substance or compound that contains an
essential plant nutrient element in a form available to plants and
is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality
of a crop or for compounding a mixed fertilizer as these terms are
defined in section 63.001 of the Texas Agriculture Code).
The status when all soil disturbing activities at a site
have been completed, and a uniform perennial vegetative cover with
a density of 70% of the cover for unpaved areas and areas not covered
by permanent structures have been established, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles)
have been employed.
The Williamson County Emergency Services District, and any
other fire departments with which the city has mutual assistance or
mutual aid agreements.
Any water, and any substances or materials contained therein,
used by any person other than the fire department to control or extinguish
a fire.
Anything lighter than water that can float on top of water.
Putrescible animal and vegetable waste materials from the
handling, preparation, cooking, or consumption of food, including
waste materials from markets, storage facilities, and the handling
and sale of produce and other food products.
Wastewater from showers, bathtubs, handwashing lavatories,
sinks that are used for disposal of household or domestic products,
sinks that are not used for food preparation or disposal, and clothes-washing
machines. Graywater does not include wastewater from the washing of
material, including diapers, soiled with human excreta or wastewater
that has come into contact with toilet waste.
Any water that is located beneath the surface of the ground
and is not under the direct influence of surface water.
The amount of any substance due to volume or concentration
that will cause pollution.
Any material (including any substance, waste, or combination
thereof) which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed. This term shall include
household hazardous wastes as classified under 40 CFR part 261, hazardous
substances as listed in table 302.4 of 40 CFR part 302, and hazardous
wastes identified or listed by the EPA pursuant to 40 CFR part 261.
Any substance listed in table 302.4 of 40 Code of Federal
Regulation part 302.
Any liquid, semi-liquid or solid waste (or combination of
wastes), which because of its quantity, concentration, physical, chemical
or infectious characteristics may:
Have any of the following characteristics: Toxic, corrosive,
an irritant, a strong sensitizer, flammable or combustible, explosive,
or otherwise capable of causing substantial personal injury or illness.
Pose a substantial hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise
improperly managed, and is identified or listed as a hazardous waste
as defined by the Texas Solid Waste Disposal Act or defined under
40 CFR part 261.3.
A substance or mixture of substances used to destroy a plant
or to inhibit plant growth.
Any solid waste generated in a household by a consumer including,
but not limited to, products, such as paints, cleaners, oils, batteries,
and pesticides that contain potentially hazardous ingredients that
require special care upon disposal.
Water resulting from hyperchlorination of waterlines or vessels,
with a chlorine concentration greater than 10 milligrams per liter
(mg/L).
Treatment of potable water lines or tanks with chlorine for
disinfection purposes, typically following repair or partial replacement
of the waterline or tank, and subsequently flushing the contents.
Any connection to the MS4 or conveyances that allows for
an illicit discharge.
Any direct or indirect discharge of pollutant to the MS4 or conveyances, except as specifically exempted in this article 24.08.
Any activity at an industrial facility described by the TPDES
Multi Sector General Permit, TXR050000, or by any other TCEQ or TPDES
permit, including any of the following, by way of illustration and
not of limitation: manufacturing, processing, materials storage, and
waste materials disposal.
Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade
or business.
The technology-based discharge standard for municipal separate
storm sewer systems (MS4s) to reduce pollutants in stormwater discharges
that was established by the CWA § 402(p). A discussion of
MEP as it applies to small MS4s is found in 40 CFR § 122.34.
Any vehicle crankcase oil, antifreeze, transmission fluid,
brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol
blend, and any other fluid used in a motor vehicle.
The storm drainage system operated and maintained by the
city which is comprised of the following: the system of conveyances
(including 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.
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits, and imposing
and enforcing pretreatment requirements, under sections 307, 402,
318, and 405 of the Clean Water Act.
Any discharge to the storm drain system that is not composed
entirely of stormwater runoff.
The notice of intent that is required by either the industrial
general permit or the construction general permit.
Any kind of oil in any form, including but not limited to
petroleum, fuel oil, crude oil, or any fraction thereof which is liquid
at standard conditions of temperature and pressure, sludge, oil refuse,
and oil mixed with waste. This term shall include used oil that has
become unsuitable for its original purpose because of impurities or
the loss of original properties but that may be suitable for further
use and is recyclable in compliance with state and federal law.
The person or persons who, either individually or taken together,
meet the following two criteria:
Has operational control over the facility specifications (including
the ability to make modifications in specifications); and
Has the day-to-day operational control over those activities
at the facility necessary to ensure compliance with pollution prevention
requirements and any permit conditions.
A point source at the point where stormwater runoff associated
with construction or industrial activity, and certain nonstormwater
discharges listed in this permit, exits the facility and discharge(s)
to surface water in the state or a municipal or private separate storm
sewer system. An outfall from a diffuse point source includes the
point or points where the diffuse point source discharges to surface
water in the state or a municipal or private separate storm sewer
system.
The person who owns a facility or part of a facility.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, lessees, or assigns. This term shall also include all federal,
state, and local governmental entities.
A substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, or any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant (as these terms are defined in section 76.001 of the Texas
Agriculture Code).
Any one or a combination of aboveground or underground storage
tanks or connecting underground pipes that contain petroleum products
that are obtained from distilling and processing crude oil and that
are capable of being used as a fuel.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are, or may be, discharged. This term
does not include return flows from irrigated agriculture or agricultural
stormwater runoff (40 CFR § 122.2).
A substance, the entrance of which causes or contributes
to a violation of applicable water quality standards as defined by
the Clean Water Act. This term includes, but is not limited to, paints,
varnishes, solvents, oil and other automotive fluids, yard wastes,
trash, sediments, household chemicals, detergents, pesticides, herbicides,
fertilizers, hazardous materials, sewage, animal wastes, dredged spoil,
solid waste, incinerator residue, garbage, sewage sludge, munitions,
chemical waste, biological materials, radioactive materials, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water, and other materials
exposed to stormwater as a result of construction activity.
The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the state that renders
the water harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to the public health, safety, or welfare,
or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the municipal separate storm sewer system (MS4) or conveyances.
The system of pipes, conduits, and other conveyances which
carry industrial waste and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to the city sewage treatment
plant (and to which stormwater, surface water, and groundwater are
not intentionally admitted).
Any retail establishment engaged in the business of selling
fuel for motor vehicles that is dispensed from stationary storage
tanks.
The land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
Any garbage, trash, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including solid, liquid, semi-solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
The State of Texas.
Any surface flow, stormwater runoff, snow melt runoff, and
surface runoff and drainage consisting entirely of water from any
form of natural precipitation.
A plan required by either the construction general permit
or the industrial general permit and which describes and ensures the
implementation of practices that are to be used to reduce the pollutants
in stormwater discharges associated with construction or other industrial
activity at the facility.
A pollution prevention practice that requires the construction
of a device, or the use of a device, to capture or prevent pollution
in stormwater runoff. Structural controls and practices may include
but are not limited to: wet ponds, bioretention, infiltration basins,
stormwater wetlands, silt fences, earthen dikes, drainage swales,
vegetative lined ditches, vegetative filter strips, sediment traps,
check dams, subsurface drains, storm drain inlet protection, rock
outlet protection, reinforced soil retaining systems, gabions, and
temporary or permanent sediment basins.
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 into the Gulf), 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 waste treatment are not considered to be water
in the state.
The Texas Commission on Environmental Quality, or any duly
authorized official of said agency.
A regulatory program to control discharges of pollutants
to surface waters. The program was delegated to the state by the EPA
pursuant to 33 USC section 1342(b).
Nonputrescible solid waste, excluding ashes, that consists
of:
Combustible waste materials, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves,
and similar materials; and
Noncombustible waste materials, including glass, crockery, tin
cans, aluminum cans, metal objects, and similar materials that do
not burn at ordinary incinerator temperatures (1600 to 1800 degrees
Fahrenheit).
Not containing a harmful quantity of any substance.
Any individual, association, homeowners' association, organization, partnership, co-partnership, firm, company, corporation, trust, estate, operator, governmental entity, or any other legal entity, or their legal representatives, agents, lessees, or assigns who knowingly or unknowingly comments an offense of this article 24.08. This term shall also include all federal, state, and local governmental entities.
Any water containing pollutants from the act of cleaning
parking lots, vehicles, or building exteriors.
All liquids and waterborne waste, drainage water, and sewage,
whether treated or untreated, from residential dwellings, commercial
buildings, or industrial or manufacturing facilities and institutions.
The designation of a body or segment of surface water in
the state for desirable uses and the narrative and numerical criteria
deemed by the state to be necessary to protect those uses, as specified
in chapter 307 of title 31 of the Texas Administrative Code.
An area that is inundated or saturated by surface [water]
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land-clearing operations.
(Ordinance O-2024-026 adopted 5/2/2024)
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by the city. This article applies to developed and undeveloped lands
within the corporate limits of the city, the extraterritorial jurisdiction
of the city, or any property owned by the city.
(Ordinance O-2024-026 adopted 5/2/2024)
The city shall administer, implement, and enforce the provisions
of this article. Any powers granted or duties imposed upon the city
may be delegated by the city manager to persons or entities acting
in the beneficial interest of or in the employ of the city.
(Ordinance O-2024-026 adopted 5/2/2024)
This article is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
(Ordinance O-2024-026 adopted 5/2/2024)
The standards set forth in this article are minimum standards;
therefore, no inference is intended that compliance with this article
will ensure that there will be no contamination, pollution, or unauthorized
discharge of pollutants. Additionally, no inference is intended that
compliance with this article will serve to extend any deadline established
by a state or federal standard or requirement, nor is any inference
intended that compliance with this article will relieve a discharger
of liability for any violation or continuing violation.
(Ordinance O-2024-026 adopted 5/2/2024)
Any person subject to an industrial or construction activity
TPDES stormwater discharge permit shall comply with all provisions
of such permit or any other state or federal regulations. Prior to
the city allowing discharges to the MS4 or conveyances, the city may
require proof of such compliance in a form acceptable to the city.
(Ordinance O-2024-026 adopted 5/2/2024)
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 O-2024-026 adopted 5/2/2024)
(a)
General prohibition.
No person within the city
limits and extraterritorial jurisdiction of the city shall introduce,
cause to be introduced, discharge, or cause to be discharged into
the municipal separate storm sewer system (MS4) or any conveyances
any discharge that is not composed entirely of stormwater. Such prohibition
includes commencement of any illicit discharge into the MS4 or any
conveyances, and continuation of any illicit discharge into the MS4
or any conveyances.
(b)
Allowable discharges.
It is an affirmative defense to any enforcement action for violation of subsection (a) of this section that the discharge was composed entirely of one or more of the following categories of discharges (also known as allowable nonstormwater discharges):
(1)
A discharge specified in writing by the city as being necessary
to protect public health and safety.
(2)
A discharge authorized by a TPDES permit, waiver, or waste discharge
order issued to the discharger and administered under authority of
the TCEQ or US EPA, provided that the discharger is in full compliance
with all requirements of the permit, waiver, order, and other applicable
laws and regulations.
(3)
A discharge or flow from emergency firefighting activities (firefighting
activities do not include washing of trucks, run-off water from training
activities, test water from fire suppression systems, or similar activities).
(4)
A discharge resulting from the standard municipal operations
of street sweeping and street washing activities, which discharge
is not contaminated with any soap, detergent, degreaser, solvent,
emulsifier, dispersant, or any other harmful cleaning substance. This
does not include sweeper wastewater.
(5)
A discharge from water line flushing, but not including a discharge
from water line disinfection by hyperchlorination or other means unless
the total residual chlorine (TRC) has been reduced to less than 1
ppm (part per million) and it contains no harmful quantity of chlorine
or any other chemical used in line disinfection that would adversely
affect aquatic life.
(6)
A discharge from a potable water source not containing any harmful
quantity of a substance or material from the cleaning or draining
of a storage tank or other container or would violate state surface
water quality standards.
(7)
A discharge from lawn watering or landscape irrigation.
(8)
A discharge from individual residential carwashing.
(9)
A discharge from air-conditioning condensation that is unmixed
with water from a cooling tower, emissions scrubber, emissions filter,
or any other source of pollutant.
(10)
Swimming pool water that has been dechlorinated so that total
residual chlorine (TRC) is less than one (1) ppm (part per million)
and that contains no harmful quantity of chlorine, muriatic acid or
other chemical used in the treatment or disinfection of the swimming
pool water or in pool cleaning.
(11)
Stormwater runoff from a roof that is not contaminated by any
runoff or discharge from an emissions scrubber or filter or any other
source of pollutant.
(12)
A discharge or flow from diverted stream flows, natural springs,
wetlands, and riparian habitats.
(13)
A discharge or flow from uncontaminated pumped groundwater,
rising groundwater, or uncontaminated groundwater infiltration.
(14)
Uncontaminated discharge from foundation or footing drain (excluding
active groundwater dewatering systems), crawl space pump, or sump
pump.
(15)
Other allowable nonstormwater discharges listed in 40 CFR § 122.26(d)(iv)(B)(1).
(16)
Nonstormwater discharges that are specifically listed in the
TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction
General Permit (CGP) TXR150000.
(17)
Discharges that are authorized by a TPDES or NPDES permit or
that are not required to be permitted.
(18)
Other similar occasional incidental nonstormwater discharges
such as spray park water, unless the TCEQ develops permits or regulations
addressing these discharges.
(c)
Discharge determined to be source of pollutant.
No affirmative defense shall be available under this article if the
discharge in question has been previously determined by the city to
be a source of a pollutant to the MS4 or any conveyances, and written
notice of such determination has been provided to the discharger.
The city's determination that a discharge is a source of a pollutant
may be reviewed in any administrative or judicial enforcement proceeding.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
The specific prohibitions and requirements in this section are
not inclusive of all the discharges prohibited by the general prohibition
in section 28.08.009(a).
(b)
No person shall introduce, cause to be introduced, discharge,
or cause to be discharged into the MS4 or conveyances any discharge
that causes or contributes to causing the city to violate a water
quality standard, the city's TPDES permit, or any state-issued
discharge permit for discharges from its MS4.
(c)
No person shall dump, spill, leak, pump, pour, emit, empty,
discharge, leach, dispose, or otherwise introduce or cause, allow,
or permit to be introduced any of the following substances into the
MS4 or conveyances:
(1)
Any motor oil, antifreeze, or any other motor vehicle fluid.
(2)
Any industrial waste.
(3)
Any hazardous material, including household hazardous waste,
hazardous substances, and hazardous waste.
(4)
Any wastewater or septic tank waste, grease trap waste, or grit
trap waste.
(5)
Any garbage, trash, or yard waste, specifically including but
not limited to pressure-treated wood, painted wood, painted wood pallets,
laminated wood, insulation, and particle board.
(6)
Any discharge from a carwash facility; from any vehicle washing,
cleaning, or maintenance at any new or used automobile or other vehicle
dealership, rental agency, body shop, repair shop, or maintenance
facility; or from any washing, cleaning, or maintenance of any vehicle,
including a truck, bus, or heavy equipment, by a business or public
entity.
(7)
Any discharge from a mobile power washer or from the washing
or other cleaning of a building exterior that contains any soap, detergent,
degreaser, solvent, or any other harmful cleaning substance.
(8)
Any discharge from commercial floor, rug, or carpet cleaning.
(9)
Any discharge from the washdown or other cleaning of pavement
that contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or
any discharge from the washdown or other cleaning of any pavement
where any spill, leak, or other release of oil, motor fuel, or other
petroleum or hazardous substance has occurred, unless all harmful
quantities of such released material have been previously removed.
(10)
Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, or emissions filter, or the blowdown from a boiler.
(11)
Any ready-mixed concrete, mortar, ceramic, or asphalt base material
or hydromulch material, or material from the cleaning of vehicles
or equipment containing, or used in transporting or applying, such
materials.
(12)
Any runoff or washdown water from concentrated animal feeding
operations as defined in 40 CFR section 122.23 or discharges from
concentrated aquatic animal production facilities as defined in 40
CFR section 122.24.
(13)
Any swimming pool, fountain, or spa water, including backwash
water, containing Total Residual Chlorine (TRC) of 1 ppm (part per
million) or more or containing any harmful quantity of chlorine, muriatic
acid or other chemical used in the treatment or disinfection of the
swimming pool water or in pool cleaning.
(14)
Any discharge from water line disinfection by hyperchlorination
or other means if the total residual chlorine (TRC) is at 1 ppm (part
per million) or more or if it contains any harmful quantity of chlorine
or any other chemical used in line disinfection.
(15)
Any discharge from related firefighting activities including
washing of trucks, run-off from training activities, test water from
fire suppression systems, and similar activities. This prohibition
does not apply to discharges or flow from emergency firefighting.
(16)
Any contaminated runoff from a vehicle salvage yard or storage
yard.
(17)
Any substance or material that will damage the MS4.
(18)
Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any discharge
from the remediation of any such PST release, unless the discharge
satisfies all of the following criteria:
(19)
Any harmful quantity of sediment, silt, earth, soil, or other
material which is associated with clearing, grading, excavation or
other such construction activities, or which is associated with landfilling
or other placement or disposal of soil, rock, or other earth materials.
(20)
Any pavement washwater from a service station unless such washwater
has passed through a properly functioning and maintained grease, oil,
and sand separator before discharge into the MS4 or conveyances.
(21)
Any introduction of oil into the environment, specifically including
but not limited to oil applied to a road or land for dust suppression,
weed abatement, or other similar use; or any introduction of oil commingled
or mixed with solid waste that is to be disposed of in a landfill;
or any introduction of oil by direct disposal on land or in a landfill;
or any introduction of oil into the MS4 or conveyances, or into any
septic tank.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
The construction of, use of, maintenance of, or continued use
of a new or existing illicit connection to the MS4 or any conveyances
is prohibited. This prohibition expressly includes any illicit connection
made before passage of the ordinance codified in this article, regardless
of whether such connection was permissible under law or practices
applicable or prevailing at the time of connection. A person is deemed
to be in violation of this article if the person connects a line conveying
wastewater or industrial waste to the MS4 or any conveyances, or allows
such a connection to continue.
(b)
It is unlawful to injure or in any way tamper with any part
of the MS4, including willfully or negligently clogging any sewer
drain.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Requirements for all construction activities.
(1)
All operator(s) of construction activities shall use best management
practices and good housekeeping measures to control and reduce the
discharge, to the MS4 and to surface water in the state, of sediment,
silt, earth, soil, and other material associated with demolition,
clearing, grading, excavation, and other construction activities to
the maximum extent practicable under the circumstances. Best management
practices may include, but are not limited to, the following:
(A)
Ensure that existing vegetation is preserved where
possible and that disturbed portions of the site are stabilized as
soon as practicable in portions of the site where construction activities
have temporarily or permanently ceased. Stabilization measures may
include temporary seeding, permanent seeding, mulching, geotextiles,
sod stabilization, vegetative buffer strips, and protection of trees,
preservation of mature vegetation, and other appropriate measures;
(B)
Use of structural practices to divert flows from
exposed soils, storm flows, or otherwise limit runoff and the discharge
of pollutants from the site to the extent practicable;
(C)
Minimization of the tracking of sediments off-site
of building materials, including cement, lime, concrete, and mortar,
to the MS4 or surface water in the state;
(2)
Prevention of the discharge of building materials, including
cement, lime, concrete, and mortar, to the MS4 or surface water in
the state;
(3)
Providing general good housekeeping measures to prevent and
contain spills of paints, solvents, fuels, septic waste, and other
hazardous chemicals and pollutants associated with construction, and
to assure proper cleanup and disposal of any such spills in compliance
with state, federal, and local requirements;
(4)
Implementation of proper waste disposal and waste management
techniques, including covering waste materials, providing secondary
containment of chemicals and fuels, and minimizing ground contact
with hazardous chemicals and trash;
(5)
Timely maintenance of vegetation, erosion and sediment control
measures, and other best management practices in good and effective
operating condition;
(6)
Installation of structural measures during the construction
process to control pollutants in stormwater discharges that will occur
after construction operations have been completed. Structural measures
should be placed downgradient of the construction site, but upstream
of the receiving waters to the degree attainable;
(7)
Any owner of a site of construction activity, whether or not they are an operator, is jointly and severally responsible for compliance with the requirements in subsection (a); and
(8)
Any contractor or subcontractor on a site of construction activity,
who is not an owner or operator, but who is responsible under their
contract or subcontract for implementing a best management practices
control measure, is jointly and severally responsible for any willful
or negligent failure on their part to adequately implement that control
measure if such failure causes or contributes to causing the city
to violate a water quality standard, the city's TPDES permit,
or any state-issued discharge permit for discharges from its MS4.
(b)
Texas Pollutant Discharge Elimination System (TPDES) general permit No. TXR150000, commonly referred to as the Construction General Permit (CGP), requirements. Operators of construction activities that results in the disturbance of one or more acres of total land area, or that are part of a larger common plan of development or sale, and who are required to obtain coverage under the TPDES CGP for stormwater discharges associated with construction activity, must comply with the following requirements in addition to those in subsection (a):
(1)
Any operator who intends to obtain coverage for discharges from
a construction site under the TPDES CGP must prepare and implement
a stormwater pollution prevention plan in accordance with the requirements
of the TPDES CGP and with any additional requirements imposed by this
article and any other city ordinance.
(2)
A construction site notice (CSN) must be posted at the construction
site prior to the commencement of construction activities. The CSN
required to be posted will depend on the size of the construction
project as well as the operator role and is explained in the TPDES
CGP. The CSN must be posted in a location where it is safely and readily
available for viewing by the general public, local, state, and federal
authorities.
(3)
For large construction activities, where five or more acres
of land is disturbed including larger common plans of development
or sales, a copy of the Notice of Intent (NOI) must be submitted to
the city prior to commencement of construction activities. A copy
of the CSN for secondary operators must be submitted to the city prior
to commencement of construction activities.
(4)
For small construction sites, where one or more acres but less
than five acres of land is disturbed, a copy of the signed CSN for
all operators must be submitted to the city prior to the commencement
of construction activities.
(5)
The SWP3 must be developed and implemented prior to the start
of construction. The SWP3 must be updated and modified as required
by the TPDES permit and this article.
(6)
The SWP3 must be retained on-site at the construction site and
made readily available upon request by the city. If the SWP3 is retained
off-site, then it shall be made available within 24 hours of the request
or as reasonably possible.
(7)
The city may notify the site operator at any time that the SWP3
does not comply with the TPDES CGP or any additional requirement imposed
by or under this article. Such notification must identify those provisions
of the permit or article which are not being met by the SWP3 and identify
which provisions of the SWP3 require modifications in order to meet
such requirements.
(8)
If, upon the city's review of the SWP3 (or any modification
to the SWP3) and any site inspection that the city may conduct, the
city determines that the SWP3 does not comply with the requirements
of the TPDES CGP issued for stormwater discharge from the construction
site, or any additional requirement imposed by or under this article,
the city may issue an order prohibiting the commencement, or the continuation,
of any construction activity at the site. Also, if at any time the
city determines that the SWP3 is not being fully implemented, the
city may similarly issue an order prohibiting the continuation of
any construction activity at the site.
(9)
Upon review of the SWP3 and any site inspection that is conducted,
the city may deny approval of any building permit, grading permit,
or any other city approval necessary to commence or continue construction,
or to assume occupancy, on the grounds that the SWP3 does not comply
with the requirements of the TPDES permit issued for stormwater discharge
from the construction site, or any additional requirement imposed
by or under this article. Also, if at any time the city determines
that the SWP3 is not being fully implemented, the city may similarly
deny approval of any building permit, grading permit, or any other
city approval necessary to commence or continue construction, or to
assume occupancy, at the site.
(10)
The operator must modify the SWP3 whenever there is a change
in design, construction, operation, or maintenance, which has a significant
effect on the potential for the discharge of pollutants to the MS4,
or surface water in the state, or the waters of the United States,
or if the SWP3 proves to be ineffective in eliminating or significantly
minimizing pollutants, or in achieving the general objective of controlling
pollutants in stormwater discharges associated with construction activity.
(11)
Qualified personnel, provided by the site operator, must inspect
disturbed areas of the construction site that do not meet the requirements
of final stabilization, areas used for storage of materials that are
exposed to precipitation, structural control measures, and locations
where vehicles enter or exit the site. Inspection requirements and
frequencies shall be in accordance with the TPDES CGP.
(12)
Based on the results of the inspections, the site description
and/or the pollution prevention measures identified in the SWP3 shall
be modified as appropriate, but in no case later than seven calendar
days following the inspection. Required modifications shall be implemented
within seven calendar days following the inspection. Erosion and sediment
controls that have been intentionally disabled, run over, removed,
or otherwise rendered ineffective must be replaced or corrected immediately
upon discovery.
(13)
The operator shall maintain copies of all inspection reports
and make them available upon request by the city. The inspection reports
shall be retained for at least three years from the date that the
site achieved final stabilization.
(14)
Where a site has achieved final stabilization and all stormwater
discharges from construction activities that are authorized by this
article and by the TPDES CGP are eliminated, or where the operator
of all stormwater discharges from the construction site changes, the
operator of the construction site must submit to the TCEQ a Notice
of Termination (NOT) and a copy of the NOT to the city for large construction
activity or submit a copy of the CSN identifying the removal date
of the TCEQ site notice for small construction activity and for secondary
operators at large construction sites.
(c)
Erosion and sediment control plan requirements.
(1)
All site plan applicants and site clearing and grading applicants
shall submit to the city an erosion and sediment control plan for
review and approval prior to the commencement of construction. The
erosion and sediment control plan shall be included in the engineering
construction plans.
(2)
A person may not start construction on a project without an
approved erosion and sediment control plan by the city.
(3)
The city shall review erosion and sediment control plans to
determine compliance with this article and any other city code prior
to approval. In approving the erosion and sediment control plan, the
city may impose such conditions that may be deemed necessary to ensure
compliance with the provisions of this article and the preservation
of public health and safety.
(4)
The erosion and sediment control plan shall include sufficient
information to evaluate the environmental characteristics of the affected
areas, the potential impacts of the proposed grading on water resources,
and the effectiveness and acceptability of measures proposed to minimize
soil erosion and off-site sedimentation.
(5)
The objective of the erosion and sediment control plan is to
prevent public erosion nuisances. The prevention of public erosion
nuisances can be promoted, in part, by the following goals:
(6)
At a minimum, the erosion and sediment control plan to include
the following:
(A)
The existing topography and improvements as well
as proposed improvements;
(B)
Drainage flow arrows;
(C)
The limits of construction (LOC);
(D)
Scale, project and sheet title, and north arrow
on each plan sheet;
(E)
Total disturbed area;
(F)
Storm drainage features, including existing and
proposed bridges, storm drains, culverts, outfalls, etc.;
(G)
Location and type of all proposed temporary erosion
and sediment control practices;
(H)
Location and type of all proposed permanent erosion
and sediment control practices;
(I)
Design details for all erosion and sediment control
practices; and
(J)
Any additional information or data deemed appropriate
by the city.
(7)
Methods of reducing erosion and sedimentation. The following
design considerations are necessary:
(A)
Limit the size of disturbed areas to the greatest
extent possible.
(B)
Stabilize and disturbed areas as soon as possible.
(C)
Controls are required to intercept silt from all
disturbed areas.
(D)
Minimize the extent of sediment leaving the project
site.
(E)
Reduce the concentration of stormwater runoff and
promote street flow to the extent possible.
(F)
Phase erosion and sediment control plans to accommodate
changes in drainage patterns that occur during development.
(G)
Reduce the silte leaving the construction site
on the wheels of construction vehicles by providing vehicle washing
areas and/or established construction entrances and exits.
(H)
Preserve and protect existing vegetation to the
greatest extent possible.
(I)
Consider the natural topography and soil condition
in an attempt to limit the erosion potential.
(8)
Modifications to erosion and sediment control plans.
(A)
The city may revise approved plans as necessary.
Modifications may be requested by the owner/developer, the city, or
any state inspection agency.
(B)
The city may develop a list of minor modifications
that may be approved as filed revisions the city. The city of its
representatives my approve and list of minor modifications prior to
its implementation.
(9)
Permit required:
(A)
A person commits an offense if the person performs
or causes to be performed any land disturbing activity without an
approved site development or construction permit from the city.
(B)
Each permit application shall be submitted to development
services on a form maintained by the city.
(C)
A person shall include with their construction
or site development plans an erosion and sediment control plan for
the property for which the land disturbing activity is proposed. Additionally,
if applicable, off-site borrow areas, spoil areas and construction
staging areas shall be considered as part of the development site
and shall be included in the plan.
(D)
Each application shall include a signed statement
by the applicant affirming that any land clearing, grading, construction,
or development involving the movement of earth shall be conducted
in accordance with the erosion and sediment control plan approved
with the site development or construction permit.
(10)
Review and approval:
(A)
City staff or city engineer, as appropriate, will
review each application for a site development or construction permit
to determine its conformance with the provisions of this article.
(B)
After receiving an application, the city shall
review the application and:
(i)
Approve the permit application;
(ii)
Approve the permit application subject to such
reasonable conditions as may be necessary to secure substantially
the objectives of this article, and issue the permit subject to these
conditions; or
(iii)
Disapprove the permit application, indicating
the reason(s) and procedures for submitting a revised application.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Drainage patterns must be designed to:
(1)
Prevent erosion;
(2)
Maintain infiltration and recharge of local seeps and springs;
(3)
Attenuate the harm of contaminants collected and transported
by stormwater;
(4)
Where possible, maintain and restore overland sheet flow, maintain
natural drainage features and patterns, and disperse runoff back to
sheet flow; and
(5)
Stormwater impacts resulting from new development or redevelopment
must not adversely affect properties, including those abutting, downstream
and in upstream areas.
(b)
The applicant shall design an enclosed storm drain to mitigate
potential adverse impacts on water quality by using methods to prevent
erosion and dissipate discharges from outlets. Applicant shall locate
discharges to maximize overland flow through buffer zones or grass-lined
swales wherever practicable.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
All owners or operators of a new development or redeveloped
site shall have a maintenance plan for all stormwater structural controls.
The maintenance plan must be filed in the real property records of
the county in which the property is located, addressing maintenance
requirements for any structural controls installed on-site. Operation
and maintenance performed shall be documented and retained on-site,
such as at the offices of the owner or operator and made available
for review by the city.
(b)
The city has the authority to require installation, implementation,
inspection, and maintenance of structural controls meeting or exceeding
the requirement of the TPDES phase II MS4 permit TXR040000.
(c)
Drainage easements shall be required for structural controls
and deed recorded.
(d)
All owner(s) of structural controls shall be required to have
a maintenance plan with the city including a schedule of maintenance
activities and plans for certified inspections to assess the functionality
of the structural control(s).
(e)
In the event that a stormwater facility will be shared by two
properties, the property owners sharing the stormwater facility shall
execute such agreements, covenants, and easements reasonably required
by the city to address joint use of and access to the stormwater facilities.
(f)
Owner(s) of stormwater structural controls that discharge or
connect to the city's storm drainage and flood mitigation utility
or discharge into waters of the United States within the city limits
must conduct, at a minimum, a certified inspection of each structural
control every three years. The certified inspection report must be
prepared by a state-licensed engineer.
(1)
The inspection report must include requirements provided by
the city, including, but not limited to, the following:
(A)
An assessment of the condition of the structural
control(s), current as of the date of the report.
(B)
The professional opinion of the engineer regarding
the current functionality of the structural control(s).
(C)
Recommendations of the engineer regarding the need
for maintenance or modification of the structural control(s) to meet
original design specifications.
(2)
The city may choose to provide a pre-formatted inspection report
to be used for each inspection.
(3)
The inspection report must be submitted to the city's stormwater
program for review. The owner of a structural control(s) must submit
a certified inspection report for each structural control by December
31st once every three years.
(4)
Any maintenance, repair or other deficiencies identified in
the certified inspection report must be adequately addressed to ensure
compliance with the requirements of this article. Upon completion
of all necessary maintenance, repairs or deficiencies identified in
the certified inspection report, the owner shall notify the stormwater
program of the completion.
(g)
Failure to maintain facilities or practices or provide certified
inspection reports.
(1)
If the owner(s) responsible for maintaining the structural control(s) fails to properly maintain the structural control(s) or submit a certified inspection report, the city's stormwater program will send a written notice to the owner(s) to correct the problem within 30 days from the owner(s) receipt of the notice. If the owner(s) fails to comply with the notice, the city may initiate one of the actions specified in section 24.08.019 or 24.08.023.
(2)
If the structural control(s) becomes a nuisance or danger to public safety or public health, the city shall notify the owner(s) responsible for maintenance of the structural control(s) in writing. Upon receipt of that notice, the owner(s) shall have 30 days to complete maintenance and repair requirements. If the owner(s) of the structural control(s) fails to comply with the requirements of the maintenance and/or repair notice, the city may initiate one of the actions specified in section 24.08.019 or section 24.08.023.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Right of entry; inspection and sampling; examination of records.
City staff shall have the right to enter any facility or site,
including industrial and construction facilities or sites, which are
discharing to the MS4 or any conveyances, to determine if the discharger
is complying with all requirements of this article as well as state
and federal rules and regulations.
(1)
Dischargers shall allow city staff immediate access to all parts
of the premises for the purposes of inspection, sampling, records
examination, and copying, and for the performance of any additional
inspections or duties.
(2)
Dischargers shall make available to city staff, upon request,
any SWP3s (stormwater pollution prevention plans), modifications thereto,
self-inspection reports, monitoring records, compliance evaluations,
notices of intent, and any other records, reports, and other documents
related to compliance with this article and with any state or federal
discharge permit.
(3)
Where a discharger has security measures in force which require
proper identification and clearance before entry onto its premises,
the discharger shall make necessary arrangements to allow city staff
access, upon presentation of suitable identification, without delay
for the purposes of performing the city's responsibilities.
(4)
City staff shall have the right to set up on the discharger's
property or require installation on the discharger's property
of such devices as city staff deem necessary to conduct sampling and/or
metering of the discharger's operations.
(5)
City staff may require any discharger to the MS4 or any conveyances
to conduct specified sampling, testing, analysis, and other monitoring
of its stormwater discharges at the discharger's expense, and
may specify the frequency and parameters of any such required monitoring.
(6)
City staff may require the discharger to install monitoring
equipment as necessary at the discharger's expense. 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 accuracy.
(7)
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 discharger at the written or verbal request of city staff and
shall not be replaced. The costs of clearing such access shall be
borne by the discharger.
(8)
Unreasonable delays in allowing the city access to a permitted
facility is a violation of a stormwater discharge permit and of this
article. A person who is the operator of a facility with an NPDES/TPDES
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 article.
(9)
Unreasonable delays in allowing city staff access to the discharger's
premises shall be deemed a violation of this article.
(b)
Search warrants.
If city staff has been refused
access to any part of the premises from which stormwater is discharged,
and the city is able to demonstrate probable cause to believe that
there may be a violation of this article, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the city designed to verify compliance with this article
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the city may seek issuance
of a search warrant from any court of competent jurisdiction.
(Ordinance O-2024-026 adopted 5/2/2024)
The city will require BMPs for any activity, operation, or premises
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States. The owner
or operator of such activity, operation, or premises shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the city's storm
drain system or watercourses through the use of these structural and
nonstructural BMPs. Further, any person responsible for a property
or premise that is, or may be, the source of an illicit discharge,
may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to the MS4. Compliance with all terms and conditions
of a valid NPDES/TPDES permit authorizing the discharge of stormwater
associated with industrial activity and/or construction activity,
to the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a SWP3 as necessary for
compliance with requirements of the NPDES/TPDES permit.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Notwithstanding other requirements of law, as soon as any discharger
or operator of a facility or operation, or person 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 an illicit discharge, such person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such discharge.
(1)
Hazardous materials spill.
In the event of discharge
of hazardous materials, the discharger shall immediately notify emergency
response agencies. Once the immediate threat has been properly contained,
the discharger shall notify the city via its director of public works.
(2)
Nonhazardous materials spill.
In the event of
a release of nonhazardous materials, the discharger shall notify the
city, via its director of public works, in person or by telephone,
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the director within three (3) business days of the date of the
discharge.
(b)
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain on-site a written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for a minimum of three (3) years.
(Ordinance O-2024-026 adopted 5/2/2024)
Citizens may, and are encouraged to report any spills, releases,
illicit connections, or any other instances of anyone discharging
pollutants into the MS4, surface water in the state, or the waters
of the United States, and any other violation of this article to the
city. The city will keep the identity of the reporting citizen confidential,
and upon request, inform the reporting citizen of any action undertaken
by the city in response to the citizen's report.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Enforcement options.
When the city determines
that a violation of this article has occurred or is occurring, the
following remedies are available to the city or their designee. The
remedies provided for in this section or elsewhere in this article
are not exclusive. The city or their designee may take any, all or
any combination of these actions against a violator, consecutively
or concurrently:
(1)
Issuance of a verbal warning;
(2)
Issuance of a written notice;
(3)
Issuance of a citation;
(4)
Execution of a consent order;
(5)
Issuance of a compliance order;
(6)
Emergency cease and desist order;
(7)
A stop-work order;
(8)
Nuisance abatement, if applicable;
(9)
Permit suspension or revocation proceedings, if applicable;
(10)
Disconnection from MS4 or suspension of utility service;
(11)
Request the city attorney to institute suit for civil remedies
as provided by this chapter, or state or federal law; or
(12)
Any other remedy provided in this chapter.
(b)
Notice of violation.
When the city determines that a violation under article 24.08 has occurred or is occurring, or any order issued hereunder, the director, or their designee, may serve upon the alleged violator a written "notice of violation." Within ten (10) days of issuing of such "notice of violation," the alleged violator shall submit to the director a written explanation of the violation and a written plan for the satisfactory correction and prevention of recurrence thereof, including specific required actions. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, a written explanation of the basis of any such denial or contention shall be submitted by the alleged violator to the director within seven (7) days of receipt of the "notice of violation." Submission of an explanation and/or plan shall in no way relieve the alleged violator of liability for any violation occurring before or after receipt of the "notice of violation." Nothing herein shall limit the authority of the city and the director to take any action, including emergency action or any other enforcement action, in the absence of issuance of a "notice of violation."
(c)
Voluntary consent order.
The director of public
works, may enter into a "voluntary consent order," an assurance of
voluntary compliance, or other similar agreement with any violator
noncompliant with any provision of this article or any order issued
hereunder. Such document may include specific action to be taken by
the violator to correct noncompliance within a time period specified
by the director. Such agreement shall have the same force and effect
as administrative orders issued pursuant to this article, and same
shall be judicially enforceable.
(d)
Mandatory compliance order.
(1)
When city staff determines that any discharger has violated,
or continues to violate, any provision of this article, or any order
issued hereunder, the director may issue a "mandatory compliance order"
to the violator ordering any one or more of the following:
(A)
Compliance within time limit.
Directing
that the violator come into compliance within a specified time limit.
Such an order also may contain other requirements to address noncompliance,
including additional self-monitoring and management practices designed
to minimize the amount of pollutants discharged to the MS4 or conveyances.
(B)
Remediation, abatement, and/or restoration.
Directing that the violator (if the violation has adversely
affected the MS4 or conveyances or any other aspect of the environment)
undertake and implement any appropriate action to remediate and/or
abate any adverse effects of the violation upon the MS4 or conveyances
or any other aspect of the environment, and/or to restore any part
of the MS4 or conveyances or any other aspect of the environment that
has been harmed. Such remedial, abatement, and restoration action
may include but shall not be limited to: monitoring, assessment, and
evaluation of the adverse effects and determination of the appropriate
remedial, abatement, and/or restoration action; confinement, removal,
cleanup, treatment, and disposal of any discharged or released pollutant
or contamination; prevention, minimization, and/or mitigation of any
damage to the public health, safety, welfare, or the environment that
may result from the violation; and restoration or replacement of city
property or natural resources damaged by the violation. Such an order
may direct that the remediation, abatement, and/or restoration be
accomplished on a specified compliance schedule and/or be completed
within a specified period of time. Any expenses related to the remediation,
abatement, and/or restoration incurred by the city shall be fully
reimbursed by the person deemed responsible by the director. If the
amount due is not paid in a timely manner, as determined by decision
of the city, then the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
(C)
Emergency cease and desist order.
Directing that the violator immediately cease and desist from all
violations (if the violation(s) have caused or contributed to an actual
or threatened discharge to the MS4 or any conveyances which reasonably
appears to present an imminent or substantial endangerment to the
health, safety, or welfare of persons or to the environment; or if
past violation(s) are likely to recur). The "emergency cease and desist
order" may also direct the violator to:
(i)
Immediately comply with all requirements of this
article; and
(ii)
Take such appropriate preventive action as may
be needed to properly address a continuing or threatened violation,
including immediately halting operations and/or terminating the discharge.
Any violator notified of an "emergency cease and desist order" shall
immediately comply and stop or eliminate the endangering discharge.
In the event of a violator's failure to immediately comply voluntarily
with the "emergency cease and desist order," the city and city staff
may take such steps as it/they deem necessary to prevent or minimize
harm to the MS4 or conveyances, and/or endangerment to persons or
to the environment. Any expenses related to the remediation, abatement,
and/or restoration incurred by the city shall be fully reimbursed
by the person deemed by the director to be responsible. If the amount
due is not paid within a timely manner, as determined by decision
of the city, then the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. The city may allow the violator to recommence its
discharge when it has demonstrated to the satisfaction of city staff
that the period of endangerment has passed, unless further termination
proceedings are initiated against the violator under this article.
A violator that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit the following to the
director within five (5) days of receipt of the "emergency cease and
desist order": a detailed written statement, describing the causes
of the harmful discharge and the measures taken to prevent any future
occurrence. Issuance of an "emergency cease and desist order" shall
not be a bar against, or a prerequisite for, taking any other action
against the violator.
(D)
Construction stop-work order regarding illicit
discharge.
Whenever city staff finds that any operator
of a construction site has violated, or continues to violate, any
provision of this article, or any order issued hereunder, the director
may order that a "construction stop-work order regarding illicit discharge"
be issued to the operator or person responsible, posted at the construction
site, and distributed to all city departments and divisions whose
decisions affect any activity at such site. Unless express written
exception is made by the city, the "construction stop-work order regarding
illicit discharge" shall prohibit any further construction activity
at the site and shall bar any further inspection or approval by the
city associated with a building permit, grading permit, or any other
city authorization necessary to commence or continue construction
or to assume occupancy at the site. Issuance of a "construction stop-work
order regarding illicit discharge" shall not be a bar against, or
a prerequisite for, taking any other action against the violator.
(2)
A "mandatory compliance order" may not extend the deadline for
compliance established by a state or federal standard or requirement,
nor shall a "mandatory compliance order" relieve the violator of liability
for any violation, including any continuing violation.
(3)
Issuance of a "mandatory compliance order" shall not be a bar
against, or a prerequisite for, taking any other action against the
violator or any responsible party.
(e)
Disconnection from MS4.
(1)
Any discharger in violation of this article may have their MS4
connection terminated by city staff, if such disconnection would abate
or reduce an illicit discharge. The city has the right to require
the violator to disconnect from the MS4 at the violator's expense,
or require the discharger to take corrective action to eliminate the
source of the illicit discharge. A discharger commits an offense if
they reinstate an MS4 connection previously terminated pursuant to
this article, without the prior written approval of the city.
(2)
Without any prior notice, city staff may terminate a discharger's
MS4 connection when such action 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 any conveyances. If the discharger fails to comply
with any order issued in such an emergency, the city may take such
steps as it deems necessary to prevent or minimize damage to the MS4
or any conveyances, and to minimize danger to persons.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
Any discharger subject to an order under section 24.08.019 of this article may petition the city's director of public works to reconsider the basis for the order within seven (7) days of the affected person's notice of issuance of such an order.
(b)
After the director has reviewed relevant documents and evidence,
they shall: (1) grant the petition; or (2) deny the petition; or (3)
grant the petition in part and deny it in part. The director may modify
the order as is appropriate based upon all the documents and evidence.
Further orders and directives as are necessary and appropriate may
be issued. The decision of the director shall be final and shall be
nonappealable.
(Ordinance O-2024-026 adopted 5/2/2024)
It shall be unlawful for any person to violate any provision
of this article, or to fail to comply with any of the requirements
of this article. If a discharger has violated or continues to violate
the provisions of this article, the city may avail itself of any and
all civil remedies available to it, including petitioning the courts
for a preliminary or permanent injunction restraining the discharger
from activities which would create further violations or compelling
the discharger to perform abatement or remediation of the violation.
(Ordinance O-2024-026 adopted 5/2/2024)
Any condition caused or permitted to exist in violation of any
of the provisions of this article is a threat to public health, safety,
and welfare, and is therefore declared and deemed a public nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken by the city.
(Ordinance O-2024-026 adopted 5/2/2024)
(a)
A discharger that violates any provision of this article 24.08, or any order issued hereunder, commits an offense punishable by a fine not to exceed $500.00 per violation, per day, or any greater fine authorized by state statute. Proof of a culpable mental state is not required for conviction of an offense under this subsection.
(b)
A discharger that violates any provision of this article 24.08, or any order issued hereunder, intentionally, knowingly, recklessly, or with criminal negligence commits an offense punishable by a fine not to exceed $2,000.00 per violation, per day, or any greater fine authorized by state statute.
(c)
Any discharger who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article 24.08, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall be guilty of a misdemeanor and, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day, or any greater fine authorized by state statute.
(d)
In determining the amount of any fine imposed hereunder, the
court shall take into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the violation, corrective actions by the violator, the compliance
history of the violator, the knowledge, intent, negligence, or other
state of mind of the violator, and any other factor as justice requires.
(e)
The remedies provided for in this article 24.08 are not exclusive of any other remedies that the city may have under state or federal law or other city ordinances. The city may take any, all, or any combination of these actions against a violator. The city is empowered to take more than one enforcement action against any violator, and these actions may be taken concurrently.
(Ordinance O-2024-026 adopted 5/2/2024)
