In this article:
(1) AGRICULTURAL STORMWATER RUNOFF means any stormwater runoff from orchards, cultivated crops, pastures, range lands, and other non- point source agricultural activities, but does not include discharges from:
(A) concentrated animal feeding operations as defined in 40 CFR Section 122.23; or
(B) concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24.
(2) ANIMAL WASTE means:
(A) animal manure, litter, or bedding;
(B) water that has contacted animal manure, litter, or bedding;
(C) water from washing, flushing, or cleaning animal pens; and
(D) liquid or solid waste from pens used at kennels, animal hospitals, poultry processing facilities, dairies, or rendering plants.
(3) BEST MANAGEMENT PRACTICES means schedules of activities, prohibitions of practices, local ordinances, maintenance procedures, structural controls, and other management practices that are implemented to prevent or reduce the discharge of pollutants into the stormwater drainage system, waters of the United States, or state water. Best management practices also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(4) CFR means the Code of Federal Regulations, as periodically amended.
(5) CITY means the city of Dallas, Texas.
(6) COMMENCEMENT OF CONSTRUCTION means the initial disturbance of soils associated with clearing, tree removal, demolition, grading, excavating, earth filling, or other construction activities.
(7) COMMERCIAL means used in connection with any business, trade, industry, or other business activity engaged in for profit.
(8) CONSTRUCTION GENERAL PERMIT means either the general NPDES permit issued by the EPA under 40 CFR Section 122.28, as amended, or the general TPDES permit issued by the TCEQ under Chapter 205, Title 30 of the Texas Administrative Code, as amended, that authorizes stormwater associated with construction activities to be discharged into waters of the United States or state water, including any subsequent modifications or amendments to the permit, any renewals of the permit, and the associated EPA or TCEQ regulations.
(9) CONSTRUCTION SITE means a tract or parcel of land upon which commencement of construction has occurred, together with any adjacent areas used to access the construction site or to stage construction materials or equipment by easement, license agreement, lease agreement, or other written or verbal agreement. A construction site may include or be solely comprised of one or more platted lots, public rights-of-way, or easements.
(10) CONSTRUCTION SITE NOTICE means the notice required to be posted at a construction site by EPA or TCEQ regulations or by a construction general permit that states a description of the project, the name and contact information of the operator of the construction site, and the location of the stormwater pollution prevention plan for the construction site.
(11) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s duly authorized representative.
(12) DISCHARGE means any addition, introduction, release, or flow of any pollutant, stormwater, or other substance, whether separate or mixed, into the stormwater drainage system, waters of the United States, or state water. The term includes any spilling, leaking, pumping, pouring, emitting, emptying, escaping, leaching, dumping, disposing, or other type of release or discharge engaged in, caused, or permitted by a discharger.
(13) DISCHARGER means:
(A) any person who causes, allows, permits, or is otherwise responsible for a discharge, including but not limited to any operator of a construction site or industrial facility; or
(B) any owner or operator of a facility that is the source of a discharge.
(14) DOMESTIC WASTEWATER means the following types of wastewater when free from industrial waste:
(A) Water containing human excrement.
(B) Gray water from home clothes washing, bathing, showers, dishwashing, and food preparation, and other wastewater from household drains.
(C) Waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions.
(15) DUST means particles of a substance with a particle diameter of 50 microns or less.
(16) EPA means:
(A) the United States Environmental Protection Agency;
(B) any federal department, agency, or commission that may succeed to the authority of the United States Environmental Protection Agency; and
(C) any duly authorized official of the United States Environmental Protection Agency or any successor agency.
(17) EXTREMELY HAZARDOUS SUBSTANCE means any substance listed in the appendices to 40 CFR Part 355, Emergency Planning and Notification.
(18) FACILITY means any building, structure, installation, equipment, vehicle, vessel, process, activity, construction site, or other property, real or personal, from which there is or may be a discharge.
(19) FERTILIZER means a solid or non-solid substance or compound that contains an essential plant nutrient element in a form available to plants, which substance or compound 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. The term includes a mixture of two or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of animal and plant remains, for which no claim of essential plant nutrient elements is made.
(20) FINAL STABILIZATION means the status of the ground when:
(A) all soil disturbing activities at a site have been completed; and
(B) either a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
(21) FIRE DEPARTMENT means the fire- rescue department of the city.
(22) FIRE PROTECTION WATER means water, including any substance or material contained in the water, that is used by a person other than the fire department to control or extinguish a fire.
(23) GARBAGE means that term as defined in Section 18-2(20) of this code.
(24) GOVERNMENTAL ENTITY means a state agency, county, school district, municipality, or other political subdivision of the state.
(25) HARMFUL QUANTITY means the amount of any substance that will cause pollution in the stormwater drainage system, waters of the United States, or state water.
(26) HAZARDOUS SUBSTANCE means any substance listed in Table 302.4 of 40 CFR Part 302.
(27) HAZARDOUS WASTE means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.
(28) HERBICIDE means a chemical pesticide designed to control or destroy plants, weeds, or leaves of grass.
(29) HOUSEHOLD HAZARDOUS WASTE means any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer that, except for the exclusion provided in 40 CFR Section 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.
(30) INDIVIDUAL PERMIT means either an individual NPDES permit issued by the EPA under 40 CFR Section 122.26, as amended, or an individual TPDES permit issued by the TCEQ under Chapter 205, Title 30 of the Texas Administrative Code, as amended, that authorizes stormwater from a construction site or industrial facility specifically identified in the permit to be discharged into waters of the United States or state water, including any subsequent modifications or amendments to the permit, any renewals of the permit, and the associated EPA or TCEQ regulations.
(31) INDUSTRIAL FACILITY means a facility that is listed in 40 CFR Section 122.26(b)(14) or that is identified in a multi-sector general permit as being engaged in industrial activity.
(32) INDUSTRIAL WASTE means that term as defined in Section 49-1(49) of this code.
(33) LANDFILL means an area of land or an excavation owned and operated by the city:
(A) in which municipal solid waste is placed for permanent disposal; and
(B) that is not a land treatment facility, a surface impoundment, an injection well, or a pile, as those terms are defined in regulations promulgated by the TCEQ.
(34) MG/L means milligrams per liter.
(35) MOTOR VEHICLE FLUID means any vehicle crankcase oil, antifreeze, transmission fluid, hydraulic fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, or other fluid used in a motor vehicle.
(36) MULTI-SECTOR GENERAL PERMIT means either the general NPDES permit issued by the EPA under 40 CFR Section 122.28, as amended, or the general TPDES permit issued by the TCEQ under Chapter 205, Title 30 of the Texas Administrative Code, as amended, that authorizes stormwater from an industrial facility to be discharged into waters of the United States or state water, including any subsequent modifications or amendments to the permit, any renewals of the permit, and the associated EPA or TCEQ regulations.
(37) MUNICIPAL SOLID WASTE means that term as defined in Section 18-2(28) of this code.
(38) NON-POINT SOURCE means any source of discharge of a pollutant that is not a point source.
(39) NOTICE OF CHANGE means a written notification to the TCEQ required by EPA or TCEQ regulations or by the terms governing a multi-sector general permit or construction general permit, informing the TCEQ of changes to information that was provided in a notice of intent or prior notice of change.
(40) NOTICE OF INTENT means the notice of intent application form required by EPA or TCEQ regulations or by the terms governing a multi-sector general permit or construction general permit to obtain NPDES or TPDES permit coverage.
(41) NOTICE OF TERMINATION means the notice of termination required by EPA or TCEQ regulations or by the terms governing a multi-sector general permit or construction general permit to terminate NPDES or TPDES permit coverage.
(42) NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT means a permit issued by the EPA under 40 CFR Part 122, as amended, that authorizes the discharge of stormwater into waters of the United States.
(43) OIL means any kind of oil in any form, including, but not limited to:
(A) petroleum, fuel oil, crude oil, or any fraction of those oils that is liquid at standard conditions of temperature and pressure;
(B) sludge;
(C) oil refuse;
(D) oil mixed with other waste;
(E) animal fat, oil, or grease, including that of fish or marine mammals; and
(F) vegetable oil, including oil from seeds, nuts, fruits, or kernels.
(44) OPERATOR means any person who, either individually or jointly with another person, has:
(A) operational control over facility specifications or construction plans and specifications, including the ability to make modifications in the plans or specifications;
(B) responsibility for the management of an industrial facility;
(C) day-to-day operational control over those activities at a facility necessary to ensure compliance with pollution prevention requirements and any permit conditions, including compliance with a stormwater pollution prevention plan;
(D) actual physical use or operation of, or supervision of the actual physical use or operation of, a facility; or
(E) operational control that is limited to the employment of other operators.
(45) OWNER means any person who owns or has title, in whole or in part, to a facility that is the source of a discharge.
(46) PERSON means an individual; a private, public, or non-profit corporation; a partnership; an association; a limited liability company; a firm; an industry; a governmental entity; or any other legal entity.
(47) PESTICIDE means any substance or mixture of substances intended:
(A) to prevent, destroy, repel, or mitigate any pest; or
(B) for use as a plant regulator, defoliant, or desiccant, as those terms are defined in Section 76.001 of the Texas Agriculture Code, as amended.
(48) PETROLEUM PRODUCT means a petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol and other alcohol-blended fuels, aviation gasoline, kerosene, distillate fuel oil, and Number 1 and Number 2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing.
(49) PETROLEUM STORAGE TANK means any one, or a combination of, aboveground or underground storage tanks that contain petroleum products, including any connecting underground pipes.
(50) pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution that provides a relative measure of the acidity or alkalinity of the solution.
(51) POINT SOURCE means any discernable, 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. The term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
(52) POLLUTANT means dredged spoil, dirt, mud, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, chemical waste, chemical sludge, medical waste, biological materials, radioactive materials, hazardous waste, heat, wrecked or discarded equipment, rock, sand, yard waste, animal waste, industrial, municipal and agricultural waste discharged into water, and any other similar material or substance characterized by state or federal law or EPA or TCEQ regulations as a pollutant. The term does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, or farm land.
(53) POLLUTION means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any waters of the United States or state water that:
(A) renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare; or
(B) impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
(54) REPORTABLE QUANTITY means:
(A) for a hazardous substance, the quantity established and listed in Table 302.4 of 40 CFR Part 302; and
(B) for an extremely hazardous substance, the quantity established in 40 CFR Part 355 and listed in the appendices thereto, or Section 311 of the Clean Water Act as described in 40 CFR Section 117.3.
(55) REPRESENTATIVE STORM EVENT means a precipitation event that:
(A) results in one-tenth inch or more of precipitation, as measured by a rain gauge located within five miles of a construction site or industrial facility;
(B) occurs at least 72 hours after the preceding precipitation event that resulted in one-tenth inch or more of precipitation, as measured by the same rain gauge; and
(C) produces runoff sufficient to obtain a discharge sample.
(56) RUBBISH means nonputrescible solid waste, excluding ashes, that consists of:
(A) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastic, yard trimmings, leaves, and similar material; and
(B) noncombustible waste material, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar material that does not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
(57) SECONDARY CONTAINMENT means a container or diversionary structure (such as a bulk storage container, tank, basin, or mobile or portable container) that is designed, installed, and constructed to catch and contain spillage or leaks from a container that stores oil, used oil, petroleum products, or any pollutant.
(58) SEPTIC TANK WASTE means any domestic wastewater contained in or coming from a holding tank such as a vessel, chemical toilet, camper, trailer, or septic tank.
(59) SITE means the land or water area where any facility is physically located or conducted, including adjacent land used in connection with the facility.
(60) SOLID WASTE means any waste resulting from industrial, municipal, commercial, mining, and agricultural operations or from community and institutional activities, including but not limited to garbage; rubbish; refuse; sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; or other discarded material including solid, liquid, semi-solid, or contained gaseous material.
(61) SPECIFIC CONDUCTIVITY means the estimated dissolved solid contents in water, as reflected by the ability of the water to conduct electricity and as measured using the testing procedure for specific conductance under 40 CFR 136.3, as amended, or an equivalent method approved by the director.
(62) STANDARD INDUSTRIAL CLASSIFICATION means either:
(A) a standard industrial classification under the Standard Industrial Classification Manual issued by the United States Office of Management and Budget; or
(B) a North American Industry Classification System (NAICS) classification under the U.S. NAICS Manual issued by the United States Office of Management and Budget.
(63) STATE means the State of Texas.
(64) STATE WATER means, to the extent the water is located wholly or partially within the city:
(A) the water of the ordinary flow, underflow, and tides of every river, natural spring, stream, creek, pond, reservoir, estuary, wetland, marsh, inlet, canal, and lake and of every bay or arm of the Gulf of Mexico and the stormwater, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed within, upon, or forming the boundaries of the state, and including the beds and banks of all courses and bodies of surface water; and
(B) water that is imported from any source outside the boundaries of the state for use in the state and that is transported through the beds and banks of any navigable stream within the state or by utilizing any facilities owned or operated by the state.
(65) STORMWATER means stormwater runoff, snow or ice melt runoff, and surface and drainage runoff resulting from precipitation that reaches the surface of the earth during a precipitation event.
(66) STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial facility, which facility is within one of the categories of facilities listed in 40 CFR Section 122.26(b)(14) or is identified in a multi-sector general permit as being engaged in industrial activity. The term does not include any discharge that is excluded from the EPA’s definition of “stormwater discharge associated with industrial activity.”
(67) STORMWATER DRAINAGE SYSTEM means the system of conveyances and facilities (including roads with drainage systems, city streets, catch basins, curbs, gutters, detention basins, ditches, man-made channels, natural creeks and channels, lakes, rivers, and storm drains) owned and operated by the city that are designed or used exclusively to collect or convey stormwater and that are not designed or used to collect or convey wastewater.
(68) STORMWATER POLLUTION PREVENTION PLAN means a plan required by either a construction general permit, a multi-sector general permit, or an individual permit, which plan describes and ensures the implementation of practices to reduce pollutants in stormwater discharges associated with construction or industrial activity at a site or facility.
(69) TCEQ means:
(A) the Texas Commission on Environmental Quality;
(B) any state department, agency, or commission that may succeed to the authority of the Texas Commission on Environmental Quality; and
(C) any duly authorized official of the Texas Commission on Environmental Quality or any successor agency.
(70) TPDES (TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT means a permit issued by the TCEQ under Chapter 205, Title 30 of the Texas Administrative Code, as amended, that authorizes the discharge of stormwater into waters of the United States or state water.
(71) UNCONTAMINATED means not containing a harmful quantity of a pollutant.
(72) USED OIL means any oil that:
(A) has been refined from crude oil or a synthetic oil;
(B) as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties; and
(C) may be suitable for further use and is recyclable in compliance with state and federal law.
(73) WASTEWATER means domestic wastewater, industrial waste, or other water-carried waste that is discharged into the wastewater system and passes through the wastewater system to the city’s wastewater treatment plant for treatment.
(74) WASTEWATER SYSTEM means the system of pipes, conduits, and other conveyances owned and operated by the city that carries industrial waste and domestic wastewater, whether treated or untreated, from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions to the city’s wastewater treatment plant, and into which system stormwater, surface water, and groundwater are not intentionally admitted.
(75) WATER QUALITY STANDARD means 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, Title 30 of the Texas Administrative Code, as amended.
(76) WATERS OF THE UNITED STATES:
(A) means, to the extent the waters are located wholly or partially within the city:
(i) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide;
(ii) all interstate waters, including interstate wetlands;
(iii) all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce;
(iv) all impoundments of waters otherwise defined as waters of the United States under this definition;
(v) all tributaries of waters identified in this definition;
(vi) all wetlands adjacent to waters identified in this definition; and
(vii) any waters within the federal definition of the term as described in 40 CFR Section 122.2, as amended; and
(B) does not include any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
(77) WETLANDS means 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.
(78) YARD WASTE means leaves, grass clippings, yard and garden debris, and brush that result from landscaping maintenance and land-clearing operations. (Ord. Nos. 24033; 27697; 28461)