(A) The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in § 54.02.
(B) No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the city to violate a water quality standard, the city's NPDES permit or any state-issued discharge permit for discharges from its MS4.
(C) No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose or otherwise introduce or cause, allow or permit to be introduced any of the following substances into the MS4:
(1) Any used motor oil, antifreeze or any other motor vehicle fluid;
(2) Any industrial waste;
(3) Any hazardous waste, including hazardous household waste;
(4) Any domestic sewage or septic tank waste, grease trap waste or grit trap waste;
(5) Any garbage, rubbish or yard waste;
(6) Any wastewater from a commercial carwash facility; from 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; or from any washing, cleaning or maintenance of any business or commercial or public service vehicle, including a truck, bus or heavy equipment, by a business or public entity that operates more than two such vehicles;
(7) Any wastewater from the washing, cleaning, de-icing or other maintenance of aircraft;
(8) Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent or any other harmful cleaning substance;
(9) Any wastewater from floor, rug or carpet cleaning;
(10) Any wastewater from the washdown or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant or any other harmful cleaning substance; or any wastewater from the washdown or other cleaning of any pavement where any spill, leak or other release of oil, motor fuel or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released material have been previously removed;
(11) Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter or the blowdown from a boiler;
(12) Any ready-mixed concrete, mortar, ceramic or asphalt base material or hydromulch material, or from the cleaning of vehicles or equipment containing, or used in transporting or applying such material;
(13) Any runoff or washdown water from any animal pen, kennel or fowl or livestock containment area;
(14) Any filter backwash from a swimming pool, fountain or spa;
(15) Any swimming pool water containing any harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;
(16) Any discharge from water line disinfection by superchlorination or other means if the total residual chlorine (TRC) contains any harmful quantity of chlorine or any other chemical used in line disinfection;
(17) Any fire protection water containing oil or hazardous substances or materials that the fire code in this code of ordinances requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. (This prohibition does not apply to discharges or flow from fire fighting by the Fire Department);
(18) Any water from a water curtain in a spray room used for painting vehicles or equipment;
(19) Any contaminated runoff from a vehicle wrecking yard;
(20) Any substance or material that will damage, block or clog the MS4;
(21) Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge satisfies all of the following criteria:
(a) Compliance with all state and federal standards and requirements;
(b) No discharge containing a harmful quantity of any pollutant; and
(c) No discharge containing more than 50 parts per billion of benzene; 500 parts per billion combined total quantities of benzene, toluene, ethylbenzene and xylene (BTEX); or 15 mg/l of total petroleum hydrocarbons (TPH).
(D) No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil or other material associated with clearing, grading, excavation or other construction activities, or associated with 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 under prevailing circumstances.
(E) No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4 or allow such a connection to continue.
(F) No person shall cause or allow any pavement washwater from a service station to be discharged into the MS4 unless such washwater has passed through a properly functioning and maintained, grease, oil and sand interceptor before discharge into the MS4.
(G) Regulation of pesticides, herbicides and fertilizers.
(1) Any sale, distribution, application, labeling, manufacture, transportation, storage or disposal of a pesticide, herbicide or fertilizer must comply fully with all state and federal statutes and regulations including without limitation the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA; Tex. Agriculture Code Chs. 63, 75 and 76 and all state regulations promulgated pursuant thereto; and any other state or federal requirement.
(2) Any license, permit, registration, certification or evidence of financial responsibility required by state or federal law for sale, distribution, application, manufacturer, transportation, storage or disposal of a pesticide, herbicide or fertilizer must be presented to the Town Administrator or his or her delegate and any city law enforcement officer for examination upon request.
(3) No person shall use or cause to be used any pesticide or herbicide contrary to any directions for use on any labeling required by state or federal statute or regulation.
(4) No person shall use or cause to be used any pesticide, herbicide or fertilizer in any manner that the person knows, or reasonably should know, is likely to cause or does cause a harmful quantity of the pesticide, herbicide or fertilizer to enter the MS4 or waters of the United States.
(5) No person shall dispose of, discard, store or transport a pesticide, herbicide or fertilizer, or a pesticide, herbicide or fertilizer container in a manner that the person knows or reasonably should know, is likely to cause or does cause, a harmful quantity of the pesticide, herbicide or fertilizer to enter the MS4 or waters of the United States.
(6) If provided with a display notice containing the provisions of this section, pertaining to the regulation of pesticides, herbicides and fertilizers (or a reasonable description thereof), and the information that any user of the product may obtain further information from the Town Administrator any person selling pesticides, herbicides or fertilizers at retail or wholesale shall post the notice prominently where it may be read by purchasers of the product.
(H) Used oil regulation. No person shall:
(1) Discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, groundwater or water course.
(2) Knowingly mix or commingle used oil with solid waste that is to be disposed of in a landfill or knowingly directly dispose of used oil on land or in a landfill.
(3) Apply used oil to a road or land for dust suppression, weed abatement or other similar use that introduces used oil into the environment.
(4) All businesses that change motor oil for the public, municipal waste landfills and fire stations are encouraged to serve as public used oil collection centers as provided by state statute in Tex. Health and Safety Code § 371.024.
(5) A retail dealer who annually sells directly to the public oil in containers for use off-premises shall post in a prominent place a sign provided by the city or by the state informing the public that improper disposal of used oil is prohibited by law. The sign shall prominently display the toll-free telephone number of the state used oil information center. If a sign is provided by the city, it shall also prominently display the city telephone number where information concerning the proper disposal of used oil may be obtained.
(I) Any prohibitions or requirements deemed necessary to carry out any "hazardous household waste" collection program that the city chooses to adopt (in compliance with the wishes of Region 6 expressed in its draft, draft permit); for example, requirements that household hazardous waste be segregated from other household waste, be discarded only at certain specified locations and/or be placed at curbside for collection only at specified times. Certain containers and security measures might also be required. Caution: Any hazardous household waste program must comply with Tex. Administrative Code Title 31, Ch. 330, Subch. L.
(Ord. 365, passed 12-12-2013)