No person shall commence construction activities on land located within the city that may result in disturbing an area equal to or greater than one acre or less than one acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR040000 or obtaining a waiver of such requirement from TCEQ.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
Solid waste disposal.
(1) 
No solid material, including building materials, is permitted to be discharged to surface waters or buried on-site. All solid waste materials, including disposable materials incidental to the construction activity, must be collected in containers or closed dumpsters. The collection containers must be emptied periodically and the collected materials hauled to a landfill permitted by the state and/or appropriate local municipality to accept the waste for disposal.
(2) 
A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper solid waste procedures.
(b) 
Hazardous waste.
(1) 
Whenever possible, minimize the use of hazardous materials and generation of hazardous wastes. All hazardous waste materials will be disposed in the manner specified by federal, state, local regulations or by manufacturer.
(2) 
Use containment berms in fueling and maintenance areas and where potential for spills is high.
(3) 
A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous waste procedures. The operator shall indicate the location of any hazardous waste storage areas on the SWPPP.
(c) 
Dust control/off-site vehicle tracking.
(1) 
During construction, water trucks shall be used, as needed, by each contractor or subcontractor to reduce dust. The city representative for the construction project will make the final decision on the need for dust control. After construction, the site shall be stabilized to reduce dust.
(2) 
Construction traffic shall enter and exit the site at a construction entrance with a rock pad or equivalent device. The purpose of the rock pad is to minimize the amount of soil and mud that is tracked onto existing streets. If sediment escapes the construction site, offsite accumulations of sediment must be removed at a frequency sufficient to minimize offsite impacts. The city representative for the construction project shall determine how much and how often the offsite accumulations of sediment shall be removed.
(d) 
Concrete truck washout.
(1) 
During concrete construction, concrete washout areas shall be designated and clearly marked. An acceptable washout location will have the following characteristics:
a. 
Washout water cannot leave location.
b. 
Stormwater runoff will not wash away concrete washout.
c. 
Washout will not impact future land uses.
d. 
Permission to washout has been granted by the property owner.
e. 
The location is readily accessible to concrete trucks.
(e) 
Sanitary/septic.
(1) 
Contractors and subcontractors must comply with all state and local sanitary sewer, portable toilet or septic system regulations. Each contractor or subcontractor shall provide sanitary facilities at the site throughout construction activities.
(2) 
The sanitary facilities should be utilized by all construction personnel and be serviced regularly. All expenses associated with providing sanitary facilities are the responsibility of the contractors and subcontractors. The operator of said facilities shall indicate the location of any sanitary facilities.
(f) 
Water source.
Non-potable water may be used to establish and maintain grass, to control dust, and for other construction purposes which do not require the use of potable water. The use of potable water for construction activities must be metered by an approved city metering device.
(g) 
Equipment fueling and storage areas.
(1) 
During construction the contractor and subcontractors shall employ the following practices:
a. 
Equipment fueling, maintenance and cleaning should only be done in protected areas (i.e., bermed area). Leaking equipment and maintenance fluids will be collected and not allowed to discharge onto soil where they may be washed away during a rain event.
b. 
Equipment wash down (except for wheel washers) should take place within an area surrounded by a berm. The use of detergents is prohibited.
(h) 
Hazardous material storage.
(1) 
Chemicals, paints, solvents, fertilizers and other toxic or hazardous materials should be stored in their original containers (if original container is not re-sealable, store the products in clearly labeled, waterproof containers). Except during application, the containers shall be kept in trucks or in bermed areas within covered storage facilities. Runoff containing such materials is not allowed by this ordinance and shall be collected and removed from the site and disposed of in accordance with federal, state, and local regulations.
(2) 
As may be required by federal, state, or local regulations, the contractor shall have a Hazardous Materials Spill and Prevention Program in place. A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous materials storage and handling procedures. The operator shall indicate the location of any hazardous material storage areas on the stormwater pollution prevention plan and at the construction site.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
New development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale, and discharge storm water into the city's municipal separate storm sewer system (MS4), shall implement structural and/or non-structural best management practices ("BMPs") to minimize impacts to water quality.
(b) 
BMPs published in the latest edition of the North Central Texas Council of Government's Integrated Stormwater Management ("ISWM") Manual, Environmental Protection Agency (EPA) guidance documents, or city approved BMPs may be utilized to comply with this section.
(c) 
The owner of the construction site described in subsection (a) of this section shall submit a post-construction stormwater management plan that incorporates the BMPs to minimize water quality impacts prior to issuance of any permits.
(d) 
All BMPs shall be submitted to the public works department for review and approval.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
The owner of the construction site described in subsection 102-355(a) shall be solely responsible for the operation and maintenance, of the structural and/or non-structural BMPs on the owner's construction site as the BMPs were designed and approved.
(b) 
The city shall have the authority to require the issuance of a performance bond, payable to the City of North Richland Hills, if it is deemed necessary.
(c) 
The city shall have the authority to require the owner or operator of a construction site, development, or redevelopment, to provide proof that the owner has obtained financial assurances sufficient to operate and maintain the structural and/or non-structural BMPs previously approved by the public works and/or planning and development departments for the length of time that the structural and/or non-structural BMPs will be utilized at the construction site.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
The public works and/or planning and development departments shall have the authority to serve a written notice of violation upon any person who is found to have violated, or who continues to violate, any provision of this article, or any order issued hereunder.
(b) 
No later than seven days after the issuance of a notice of violation served pursuant to subsection 102-357(a), the person served with the notice of violation shall submit to the City authority issuing the notice of violation an explanation of the circumstances that resulted in the described violation and a plan for satisfactory correction and prevention of reoccurrence of the described violation, which explanation shall include specific actions to be taken by the alleged violator.
(c) 
If the recipient of a notice of violation denies that any violation of this article has occurred or contends that no corrective action is necessary, such person shall submit to the city authority that issued the notice of violation a written explanation of the basis of any such denial or contention not later than seven days following issuance of the notice of violation.
(d) 
Submission of a written plan or explanation as provided in subsection 102-355(b) or (c) shall not be a defense to any alleged liability for any violations occurring before or after receipt of the notice of violation.
(e) 
Nothing in this section shall limit the authority of the city to take any action, including emergency action or any other enforcement action, prior to issuing a notice of violation.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
The public works and/or planning and development departments shall have the authority to issue a stop work order to the owner and/or operator of a construction site upon finding that the owner or operator has violated, or continues to violate, any provisions of this article. The stop work order shall be posted at the construction site.
(b) 
Unless written exception is made by the public works and/or planning and development departments, a stop work order issued pursuant to subsection 102-358(a) shall prohibit any further construction activity and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue construction or to assume occupancy at the construction site, new development, or redevelopment.
(c) 
The issuance of a stop work order pursuant to this section shall not preclude nor serve as a prerequisite for taking any other action against the recipient of the stop work order.
(d) 
A stop work order issued pursuant to this section may be rescinded only by the public works and/or planning and development departments provided that the owner or operator of the construction site to which the order applies has:
(1) 
Paid a re-inspection fee to the city in accordance with current fee schedule;
(2) 
Provided written documentation indicating that all violations set forth in the stop work order have been corrected; and
(3) 
Received from the city, following re-inspection, written acknowledgement that all violations have in fact been corrected.
(Ordinance 3184, § 1, adopted 5/14/2012)
(a) 
Any person, firm or corporation violating any of the provisions or terms of this article shall, upon conviction, be punished by a fine not to exceed the sum of $2,000.00 for each offense; and each and every day such violation shall be deemed to constitute a separate offense.
(b) 
The city may institute any appropriate actions or proceedings in a court of competent jurisdiction to enjoin the violation of this article. Nothing in this article prevents the City from seeking any and all injunctive or other relief allowed by state law even if a criminal complaint has been filed based on the same incident or event.
(Ordinance 3184, § 1, adopted 5/14/2012)
In the event stricter rules or regulations are set forth elsewhere in this Code or are otherwise promulgated by the TCEQ or the United States Environmental Protection Agency (EPA) regarding the same subject matter affected by this article, then the more stringent regulations shall apply.
(Ordinance 3184, § 1, adopted 5/14/2012)
In the event any other provision of this Code relating to stormwater pollution or discharge from a construction site irreconcilably conflicts with the provisions of this article, the provisions of this article shall be controlling.
(Ordinance 3184, § 1, adopted 5/14/2012)