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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)
(a) The city council finds, as required by Tex. Local Government Code § 552.046, Adoption of System; Rules that the city shall:
(1) Establish a schedule of drainage charges against all real property in the proposed service area subject to charges;
(2) Provide drainage service for all real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charges); and
(3) Offer drainage service on nondiscriminatory, reasonable and equitable terms.
(b) Tex. Local Government Code Chapter 552, Municipal Utilities, Subchapter C, Municipal Drainage Utility Systems, is adopted, and this Division 4 shall be administered in accordance with its provisions.
(c) The drainage utility system of the city is declared to be a public utility. Existing facilities are incorporated in the drainage utility as permitted by Tex. Local Government Code § 552.046, Incorporation of Existing Facilities.
(Ord. 16782, § 1, passed 1-24-2006)
The drainage utility service area is the area of land located within the city limits of the City of Fort Worth except as provided by § 12.5-346 of this Division 4. Upon the effective dates of completed annexation of additional lands into the City of Fort Worth, each such annexed additional land shall become part of the service area. Land annexed for limited purposes shall become part of the service area upon annexation for full purposes.
(Ord. 16782, § 1, passed 1-24-2006)
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