(a) An operator of an industrial facility shall comply with all terms and conditions of the multi- sector general permit or an individual NPDES or TPDES permit, whichever is obtained for the activity conducted at the industrial facility. An operator of an industrial facility shall use best management practices to control and minimize the discharge into the stormwater drainage system, waters of the United States, and state water of any material or substance handled, stored, or generated by the industrial facility and any pollutant that may be attributed to those materials or substances. An operator is required to retain records of all monitoring information collected for a six-year period from the date of sample collection. An operator shall submit any monitoring results or a summary of results as required by the multi-sector general permit or an individual permit to the director and, upon request, shall submit copies of discharge monitoring reports to the director.
(b) The best management practices referred to in Subsection (a) of this section may include, but are not limited to, the following measures:
(1) Providing general good housekeeping measures to ensure that areas within the industrial facility that may contribute pollutants to stormwater discharge are routinely cleaned and kept orderly.
(2) Implementing effective waste disposal and waste management techniques, including but not limited to providing secondary containment, covering waste materials, and minimizing ground contact with hazardous chemicals and trash.
(3) Implementing and maintaining spill prevention and response measures, including but not limited to secondary containment, labeling, and cleanup techniques.
(4) Implementing and maintaining erosion prevention measures, including but not limited to soil stabilization through vegetative cover, contouring slopes, paving, and structural controls.
(5) Implementing and maintaining structural controls, including but not limited to oil- water separators, sediment ponds, catch basins, grassed swales, and berms.
(6) Eliminating or reducing exposure of garbage and refuse materials to precipitation or runoff prior to disposal.
(7) Eliminating or reducing exposure of containers or equipment that are covered or partially covered with oil, grease, rust, or other potentially polluting substances to precipitation or runoff.
(c) If an industrial facility is required by an individual permit or multi-sector general permit to conduct annual, semi-annual, or other periodic monitoring, the operator shall:
(1) submit to the director a signed copy of each monitoring report prepared in compliance with the applicable individual permit or multi-sector general permit;
(2) retain records of the monitoring results at the facility and make them available to the director upon request; and
(3) when requested by the director, prepare a written report of any monitoring conducted by the operator and submit it to the director.
(d) If an industrial facility is required by an individual permit or multi-sector general permit to prepare an annual comprehensive site compliance evaluation report, the operator shall submit to the director a signed copy of each report.
(e) By written notice, the director may require any industrial facility identified as not being in compliance with this section to implement a monitoring program that includes the written submission of quantitative data on the following constituents:
(1) Any pollutant listed in any applicable multi-sector general permit or in Chapter 307, Title 30 of the Texas Administrative Code, as amended.
(2) Any information on discharges required under 40 CFR Part 122.
(f) By written notice, the director may require any industrial facility regulated by this section to conduct semi-annual or annual monitoring of stormwater discharges, or the director may specify an alternative monitoring frequency or specify additional parameters to be analyzed. The director may require written reports of any additional monitoring to be submitted.
(g) An operator of an industrial facility regulated by this section shall retain the stormwater pollution prevention plan, all records of monitoring information, copies of all required reports, and records of all data used to complete the notice of intent for at least three years after submitting a notice of termination required by Subsection (i) of this section.
(h) No stormwater discharge associated with industrial activity may contain any hazardous metals in a quantity that exceeds the maximum allowable concentrations listed in the individual permit, multi- sector general permit, or Chapter 307, Title 30 of the Texas Administrative Code, as amended, whichever limit is more stringent.
(i) The operator of an industrial facility regulated by this section shall submit a notice of termination to the director, which includes the information required for notices of termination under the individual permit or multi-sector general permit, whenever:
(1) all stormwater discharges associated with industrial activity that are authorized by this article and by the NPDES permit or TPDES permit are eliminated at the facility; or
(2) the operator of stormwater discharges associated with industrial activity at the facility changes.
(j) An owner of a facility with a stormwater discharge associated with industrial activity regulated by this section, whether or not the owner is an operator of the facility, is jointly and severally responsible for compliance with:
(1) the best management practices measures required in the stormwater pollution prevention plan for the facility; and
(2) the effluent limitations for hazardous metals specified in Subsection (h) of this section.
(k) Upon request by the director, an owner or operator of any industrial facility that experiences a problem complying with the requirements of this section, the multi-sector general permit, or any applicable individual permit issued for stormwater discharges from the facility shall consult with the director in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the director’s satisfaction, the director may report the noncompliance to the EPA or to the TCEQ, or the director may commence or request commencement of any enforcement action authorized under Section 19-118.1 of this article. Exercising the option for consultation under this subsection is not a bar against, or prerequisite to, the taking of any other enforcement action against an owner or operator of a facility.
(l) The operator of an industrial facility that qualifies for a no exposure exclusion under the multi- sector general permit shall provide the director with a copy of the no exposure certification provided to the TCEQ as required by the multi-sector general permit and a copy of the written notification of coverage and the authorization number received from the TCEQ. The director may inspect the industrial facility and conduct monitoring and sampling of any discharge from the industrial facility to verify the no exposure exclusion.
(m) Upon request by the director, an owner or operator of an industrial facility shall provide the director with documentation of the standard industrial classification of the operation conducted at the industrial facility. The documentation may include, but is not limited to, a copy of the business license application filed for the industrial facility or copies of organizational or tax documents for the business entity that operates the industrial facility, provided the standard industrial classification is stated on the copies provided. If an owner or operator fails or refuses to provide documentation of the standard industrial classification upon request by the director, then, for purposes of enforcing this section, the director may assign to the industrial facility the standard industrial classification under the multi-sector general permit that best describes the activities observed at the industrial facility, as determined by the director. (Ord. Nos. 24033; 28461)