SECTION:
8-6-1: Purpose
8-6-2: Definitions
8-6-3: Responsibility For Administration
8-6-4: Severability
8-6-5: Ultimate Responsibility
8-6-6: Discharge Prohibitions
8-6-7: Suspension Of MS4 Access
8-6-8: Industrial Or Construction Activity Discharges
8-6-9: Monitoring Of Discharges
8-6-10: Requirements To Prevent, Control, And Reduce Stormwater Pollutants By The Use Of Best Management Practices
8-6-11: Watercourse Protection
8-6-12: Notification Of Spills
8-6-13: Enforcement
8-6-14: Appeal Of Notice Of Violation
8-6-15: Enforcement Measures After Appeal
8-6-16: Cost Of Abatement Of The Violation
8-6-17: Injunctive Relief
8-6-18: Compensatory Action
8-6-19: Violations Deemed A Public Nuisance
8-6-20: Criminal Prosecution
8-6-21: Remedies Not Exclusive
8-6-22: Fines And Policy
The objectives are to regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user; to prohibit illicit connections and discharges to the municipal separate storm sewer system; and to establish legal authority to carry out all inspections, surveillance and monitoring procedures necessary to ensure compliance. This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. (Ord. 04-06-12, 6-5-2012)
For the purposes of this chapter only, the following terms, words and phrases, and their derivations, shall have the meanings set forth below, except where the context clearly indicates a different meaning:
AUTHORIZED ENFORCEMENT AGENCY: Employees or designees of the director of the municipal agency, the TCEQ, and/or the EPA designated to enforce this chapter and/or to enforce the TPDES and/or to enforce the NPDES regulations.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational procedures, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, and stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage.
CLEAN WATER ACT: The federal water pollution control act (33 USC 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY: Construction activities subject to TPDES construction permits. Currently these include construction projects resulting in land disturbance of one acre or more, as defined by the TPDES program. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS: 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.
ILLEGAL DISCHARGE: Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in section 8-6-6 of this chapter.
ILLICIT CONNECTIONS: Drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drains system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has been documented in plans, maps, or equivalent records and approved by the authorized enforcement agency, or approved by an individual NPDES or TPDES permit.
INDUSTRIAL ACTIVITIES: Activities subject to NPDES industrial permits as defined in 40 CFR, section 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the environmental protection agency (EPA) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
NONSTORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT: Anything which causes, contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM: Publicly owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of precipitation and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN: A document which describes the best management practices activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the state of Texas, namely the Texas commission on environmental quality (TCEQ), under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility. (Ord. 04-06-12, 6-5-2012)
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