(a) A person commits an offense if he discharges or causes to be discharged any water that does not consist entirely of stormwater into the stormwater drainage system, waters of the United States, or state water.
(b) It is a defense to prosecution under Subsection (a) that a discharge of water not composed entirely of stormwater resulted or occurred exclusively from one or more of the following sources, activities, or events:
(1) Full compliance with an NPDES permit or TPDES permit, other than the NPDES permit or TPDES permit granted to the city for discharges from the stormwater drainage system.
(2) Fire fighting by the fire department.
(3) Agricultural stormwater runoff.
(4) Water line flushing, excluding a flushing from water line disinfection by superchlorination or other means unless:
(A) the total chlorine residual has been reduced to less than one mg/L;
(B) the discharge does not contain any hazardous substance or exceed the specific surface water quality standards established in Chapter 307, Title 30 of the Texas Administrative Code, as amended; and
(C) the discharge does not cause erosion of soil.
(5) Lawn watering, landscape irrigation, or other irrigation water.
(6) A diverted stream flow or natural spring.
(7) Uncontaminated pumped groundwater or rising groundwater.
(8) Uncontaminated groundwater infiltration, as that term is defined in 40 CFR Section 35.2005(b)(20), into the stormwater drainage system.
(9) A foundation drain, crawl space pump, footing drain, or sump pump, if the discharge is uncontaminated.
(10) A potable water source that does not contain:
(A) a harmful quantity of a pollutant; or
(B) any harmful substance or material from the cleaning or draining of a storage tank or other container.
(11) Air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or other source of pollutant.
(12) Individual residential car washing.
(13) A riparian habitat or wetlands.
(14) Water used in washing streets, sidewalks, parking lots, driveways, or other structures that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or a harmful quantity of any other cleaning substance.
(15) Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber, emissions filter, or other source of pollutant.
(16) Swimming pool water that:
(A) has been dechlorinated so that total chlorine residual is less than one mg/L;
(B) is not able to be discharged into the wastewater system because:
(i) the swimming pool discharge point is located more than 200 linear feet from the closest access point to the wastewater system; or
(ii) the property on which the swimming pool is located:
(aa) does not receive service from the city’s wastewater system; and
(bb) is not served by an on-site wastewater treatment facility with adequate capacity to receive the discharge of the swimming pool water;
(C) is not the result of pool filter backwash; and
(D) does not contain:
(i) any chemical used in the treatment or disinfection of swimming pool water or in pool cleaning;
(ii) a pH of the water of less than five;
(iii) algaecides or visible algae; or
(iv) a specific conductivity in excess of 150 micromhos per centimeter at 25 degrees Centigrade.
(17) A temporary car wash sponsored by a civic group, school, or a religious or other nonprofit organization.
(18) Other allowable non-stormwater discharges listed in 40 CFR Section 122.26(d)(2)(iv)(B)(1), as amended.
(c) No defense to prosecution is available under Subsection (b) if:
(1) the discharge in question has been determined by the director to be the source of a pollutant to the stormwater drainage system, waters of the United States, or state water;
(2) written notice of such determination has been provided to the discharger; and
(3) the discharge has occurred more frequently than or beyond the limits permitted by the director on a case by case basis.
(d) In any civil or criminal action, the discharger has the burden of proving that a discharge in violation of Subsection (a) is uncontaminated or falls within a defense to prosecution under Subsection (b). Prima facie proof that a discharge is uncontaminated must be made in the form of an analysis by a certified laboratory, using standard methods or procedures prescribed by EPA or TCEQ regulations. A copy of the laboratory analysis must be sent to the director.
(e) A person commits an offense if he discharges or causes to be discharged into the stormwater drainage system, waters of the United States, or state water a pollutant or substance that causes or contributes in causing the city to violate a water quality standard, the city’s NPDES permit or TPDES permit, or any state- issued discharge permit for discharges from the city’s stormwater drainage system.
(f) A person commits an offense if he discharges or allows or permits the discharge of any of the following into the stormwater drainage system:
(1) Oil, used oil, or any motor vehicle fluid.
(2) Industrial waste.
(3) Hazardous waste, including household hazardous waste.
(4) Domestic wastewater, septic tank waste, grease trap waste, or grit trap waste.
(5) Garbage, rubbish, or yard waste.
(6) Wastewater from:
(A) any commercial vehicle washing facility, including any commercial car wash located on the premises of any office building or in any parking garage;
(B) 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;
(C) any washing, cleaning, or maintenance of any business, commercial, or public service vehicle (including a truck, bus, or heavy equipment) by a business or public entity that operates more than two of such vehicles;
(D) the washing, cleaning, de-icing, or other maintenance of aircraft;
(E) any mobile power washing operation if the wastewater contains a harmful quantity of any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other cleaning substance or pollutant;
(F) floor, rug, or carpet cleaning;
(G) the washdown or other cleaning of pavement if the wastewater contains a harmful quantity of any soap, detergent, solvent, degreaser, emulsifier, dispersant, or other cleaning substance or pollutant;
(H) the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum product or hazardous substance has occurred, unless all harmful quantities of the released material have been previously removed; or
(I) a portable restroom or other temporary sanitary facility.
(7) Effluent from a cooling tower, condenser, compressor, emissions scrubber, or emissions filter or the blowdown from a boiler.
(8) Ready-mixed concrete, mortar, ceramic or asphalt base material, or hydromulch material, or wastewater from the cleaning of vehicles or equipment containing or used in transporting or applying such material.
(9) Runoff or washdown water from any animal pen, kennel, or fowl or livestock containment area.
(10) Filter backwash from a swimming pool, fountain, or spa.
(11) Swimming pool water that:
(A) has a total chlorine residual of one mg/L or more;
(B) is from a swimming pool with a discharge point located 200 linear feet or less from the closest access point to the wastewater system;
(C) is from a swimming pool that is served by an on-site wastewater treatment facility with adequate capacity to receive the discharge of the swimming pool water; or
(D) contains:
(i) a quantity of muriatic acid sufficient to reduce the pH of the water to less than five;
(ii) any other chemical used in the treatment or disinfection of swimming pool water or in pool cleaning;
(iii) algaecides or visible algae; or
(iv) a specific conductivity in excess of 150 micromhos per centimeter at 25 degrees Centigrade.
(12) Discharge from water line disinfection by superchlorination or other means if:
(A) the total chlorine residual is at one mg/L or more;
(B) the discharge contains any hazardous substance or exceeds the specific surface water quality standards established in Chapter 307, Title 30 of the Texas Administrative Code, as amended; or
(C) the discharge causes erosion of the soil.
(13) Fire protection water containing oil or a hazardous substance or material, unless treatment adequate to remove pollutants occurs prior to discharge, except that this prohibition does not apply to discharges or flow from fire fighting by the fire department.
(14) Water from a water curtain in a spray room used for painting vehicles or equipment.
(15) Contaminated runoff from a vehicle wrecking yard.
(16) Any substance or material that will damage, block, or clog the stormwater drainage system.
(17) Any discharge from a petroleum storage tank, any leachate or runoff from soil contaminated by a leaking petroleum storage tank, or any discharge of pumped, confined, or treated wastewater from the remediation of a petroleum storage tank release, unless the discharge complies with all state and federal standards and requirements and does not contain a harmful quantity of any pollutant.
(18) Any paint, finish, or paint cleaning material, including but not limited to auto body paint, latex paint, wood finishing material, texturing product, varnish, paint thinner, or paint solvent of any kind.
(19) A harmful quantity of dust resulting from sanding, grinding, cutting, sawing, or storage of any materials.
(g) A person commits an offense if he discharges into the stormwater drainage system a harmful quantity of sediment, silt, earth, soil, or other material associated with:
(1) clearing, grading, excavating, or other construction activities; or
(2) landfilling or other placement or disposal of soil, rock, or other earth materials in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable.
(h) A person commits an offense if he connects a line that conveys domestic wastewater or industrial waste to the stormwater drainage system or knowingly allows such a connection to continue. (Ord. Nos. 24033; 28461)