(a) A secondary containment device used by an operator as a best management practice or installed or constructed in accordance with a stormwater pollution prevention plan must:
(1) be designed, installed, and constructed in a manner sufficient to contain a spill or leak from the storage container and prevent a discharge;
(2) have:
(A) an overfill protection device, such as a direct vision gauge, an alarm with audible or visual signal, or a bypass to an alternate containment device;
(B) sufficient freeboard to prevent spillage from an uncovered storage container; and
(C) a controlled drainage system; and
(3) hold:
(A) a volume of at least:
(i) 110 percent of the storage container volume for a single storage container; or
(ii) 150 percent of the volume of the largest storage container or 110 percent of the aggregate volume of all storage containers, whichever is greater, for multiple storage containers; and
(B) an additional capacity of at least:
(i) 4.5 inches of rainwater, if the secondary containment device is open to precipitation; and
(ii) the amount of water produced by 20 minutes of flow from all fire sprinkler heads, if any, situated over the secondary containment device.
(b) Discharge materials must be discharged to separate containment devices or systems if, when combined, the materials could cause:
(1) a fire;
(2) an explosion;
(3) a flammable, toxic, or poisonous gas; or
(4) the deterioration of a storage container or secondary containment device.
(c) An operator shall keep the drainage system of a secondary containment device closed and any drainage pumps turned off, except when the drainage process is monitored for compliance with the surface water quality standards set forth in Chapter 307, Title 30 of the Texas Administrative Code, as amended.
(d) No operator may release accumulated rainwater or sprinkler flow water from a secondary containment device until the operator has received confirmation from an EPA-certified laboratory that the water to be discharged meets the surface water quality standards set forth in Chapter 307, Title 30 of the Texas Administrative Code, as amended. A copy of the laboratory analysis must be provided to the director upon request.
(e) A discharger of a reportable quantity of a hazardous or extremely hazardous substance into the stormwater drainage system, waters of the United States, or state water shall telephone and notify the director, the TCEQ, and the fire department immediately after becoming aware of the discharge. A discharger of a reportable quantity of any of the following substances into the stormwater drainage system, waters of the United States, or state water shall telephone and notify the director concerning the incident within 24 hours after its occurrence:
(1) An amount of oil that either:
(A) violates applicable water quality standards; or
(B) causes a film or sheen upon, or discoloration of, the surface of the water or an adjoining shoreline, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline.
(2) A harmful quantity of any other pollutant that is not a hazardous or extremely hazardous substance but has been discharged in a quantity that exceeds surface water quality standards as set forth in Chapter 307, Title 30 of the Texas Administrative Code, as amended.
(f) The notification required by Subsection (e) of this section must include all of the following information:
(1) The identity or chemical name of the substance released and whether the substance is an extremely hazardous substance.
(2) The exact location of the discharge, including any known name of the waters involved or threatened and any other environmental media affected.
(3) The time and duration of the discharge at the moment of notification.
(4) An estimate of the quantity and concentration, if known, of the substance discharged.
(5) The source of the discharge.
(6) Any known or anticipated health risks associated with the discharge and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals.
(7) Precautions that should be taken as a result of the discharge.
(8) Steps that have been taken to contain or clean up the discharged substance and related material and to minimize the impact of the discharge.
(9) The name and telephone number of each person to be contacted for further information.
(g) Within 15 days after a discharge under this section, the discharger shall, unless expressly waived in writing by the director, submit a written report containing each item of information required by Subsection (f), as well as the following additional information:
(1) The ultimate duration, concentration, and quantity of the discharge.
(2) All actions taken to respond to, contain, and clean up the discharged substances, and all precautions taken to minimize the impact of the discharge.
(3) Any known or anticipated acute or chronic health risks associated with the discharge.
(4) Where appropriate, advice regarding medical attention necessary for exposed individuals.
(5) The identity of each governmental entity and private sector representative responding to the discharge.
(6) Measures taken or to be taken by the discharger to prevent similar future occurrences.
(h) The notifications required by Subsections (f) and (g) of this section do not relieve the discharger from any expense, loss, damage, or other liability that may be incurred as a result of the discharge, including any liability for damage to the city, to natural resources, or to any other person or property. The notifications also do not relieve the discharger from any fine, penalty, or other liability that may be imposed under this article or under state or federal law.
(i) A release report required by a state or federal regulatory authority that contains the information described in Subsections (f) and (g) of this section meets the reporting requirements of Subsection (g), upon submittal of the report to the director.
(j) The owner or operator of any facility, vehicle, or other source responsible for a discharge described in Subsection (e) of this section shall:
(1) comply with all state, federal, and local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the discharge; and
(2) reimburse the city for any costs incurred by the city in responding to the discharge.
(k) A discharger commits an offense if he:
(1) fails or refuses to report the discharge within the time required by Subsection (e) after becoming aware of the discharge;
(2) knowingly provides false or incorrect information in a notification or report required under this section; or
(3) fails or refuses to take the necessary action to clean up pollution or damage to the stormwater drainage system, waters of the United States, or state water, or to other property, that is caused by the discharge. (Ord. Nos. 24033; 28461)