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(a) The director is authorized by § 12.5-121 of this chapter to enter and inspect facilities subject to regulation under this article.
(b) Facility operators shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or TPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(c) The director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the director and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(e) Unreasonable delays in allowing the director access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with a NPDES or TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(Ord. 13808, § 1, passed 5-18-1999)
A person who is the operator of a facility commits an offense if the person discharges, or causes to be discharged, stormwater associated with industrial activity without first having obtained a NPDES or TPDES permit to do so.
(Ord. 13808, § 1, passed 5-18-1999)
(a) The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent (NOI) to the director at the same time the operator submits the original notice of intent to the EPA or the TNRCC as applicable.
(b) The copy of the notice of intent may be delivered to the director either in person or by mailing it to:
Notice of Intent to Discharge Stormwater Department of Environmental Management 1000 Throckmorton Street Fort Worth, Texas 76102 |
(c) A person commits an offense if the person operates a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the notice of intent to do so to the director.
(Ord. 13808, § 1, passed 5-18-1999)
(a) A facility shall be operated in strict compliance with the requirements of its NPDES or TPDES permit to discharge stormwater associated with industrial activity.
(b) A person commits an offense if the person operates a facility in violation of a requirement of the facility’s NPDES or TPDES permit to discharge stormwater associated with industrial activity.
(Ord. 13808, § 1, passed 5-18-1999)
(a) The director may require any operator of a facility to modify the facility’s stormwater pollution prevention plan if in the best professional judgment of the director, the SWPPP does not comply with the requirements of the facility’s NPDES or TPDES permit to discharge stormwater associated with industrial activity.
(b) The deficiencies in a facility’s SWPPP will be made in writing, and the director will give the facility operator a reasonable amount of time, not to exceed 30 days, to make the necessary changes in the SWPPP.
(Ord. 13808, § 1, passed 5-18-1999)
For the purposes of this Division 4, the following definitions shall apply.
ACT. Tex. Local Government Code Chapter 552, Subchapter C.
BENEFITTED PROPERTY. A developed parcel to which stormwater service is made available.
CUSTOMER/OWNER. The person(s) or entity(ies) that is recorded as the customer or user of utility services for a parcel as recorded in the records of the city’s utility or tax billing system.
DEVELOPED PROPERTY. A lot or tract that has been improved with impervious surface.
DIRECTOR. The director of transportation and public works or the designated representative.
DRAINAGE INFRASTRUCTURE. The property, real, personal or mixed, that is used in providing stormwater capabilities and capacity to manage and control stormwater runoff for the drainage utility system, including bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, retention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store or treat the water, or divert the water into natural or artificial watercourses.
DRAINAGE UTILITY FEE. The charge, including interest and penalties paid by the customer/owner of a benefitted property for services provided by the drainage utility system including, but not limited to, the items described in “cost-of-service” in § 402.044(2) of the Act and any charges for future funding of the drainage utility system construction as described in § 402.044(4).
DRAINAGE UTILITY SYSTEM. The drainage utility system owned or controlled, in whole or in part by the city, including the city’s existing stormwater and drainage facilities, materials and supplies, and dedicated to the service of benefitted properties, and including provision for additions, extensions and improvements thereto and replacements thereof.
DRAINAGE UTILITY ONLY ACCOUNT. A utility billing account that is established for the sole purpose of billing applicable drainage utility fees where no other utility services are provided through the city.
EQUIVALENT RESIDENTIAL UNIT or ERU. Two thousand six hundred square feet of impervious area or surface.
HIGH OCCUPANCY RESIDENTIAL/ NON-RESIDENTIAL PROPERTY. All developed properties within the city that do not fall under the definition of Low Occupancy Residential Property, generally consisting of commercial, industrial, institutional, and apartment type land uses.
IMPERVIOUS AREA or IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. IMPERVIOUS AREAS include, but are not limited to, compacted soils with a surface treatment, buildings, pavement, parking lots, driveways, sidewalks and other human-made structure or surface that is built or laid on the natural surface of the land which has the effect of increasing, concentrating, or otherwise altering stormwater runoff so that flows are increased.
LOW OCCUPANCY RESIDENTIAL PROPERTY. Any property platted, zoned or used for one-family or two-family residential purposes including manufactured homes, or any triplex or quadplex used for residential purposes.
PARCEL. One or more lots or tracts, or portions of lots or tracts.
STORMWATER RUNOFF POTENTIAL. Relative potential for causing stormwater runoff quantities or velocities from a parcel based on the type of development on the parcel.
WHOLLY SUFFICIENT AND PRIVATELY OWNED DRAINAGE SYSTEM. Land and facilities owned and operated by a person or entity other than the city’s drainage utility system, the stormwater from which does not discharge under any storm frequency event or conditions into a creek, river, slough, culvert or other channel or facility that is part of the city’s drainage utility system.
(Ord. 16782, § 1, passed 1-24-2006; Ord. 23884-10-2019, § 1, passed 10-15-2019, eff. 1-1-2020; Ord. 26205-06-2023, § 1, passed 6-13-2023)
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