§ 52.40  DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY.
   (A)   All operators of construction sites shall use the methodology on best management practices from the most current North Central Texas Council of Government best management practices for construction activities manual, or similar approved and accepted best management practices, to control and reduce the discharge to the MS4 of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable. Such best management practices may include, but not be limited to, the following measures:
      (1)   To the extent possible and where feasible preserve existing vegetation. Stabilization measures for all disturbed areas associated with the construction project, regardless of physical location within or without the site, shall be implemented in compliance with the Stormwater Pollution Prevention Plan prepared for the construction site and in accordance with any additional requirements contained within the effective Texas Commission on Environmental Quality Construction General Permit TXR 150000;
      (2)   Use of appropriate erosion and sediment control measures installed according to standard or product approved details and properly maintained and repaired to ensure effective performance at reducing sedimentation offsite;
      (3)   Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible;
      (4)   Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site;
      (5)   Prevention of the discharge of building materials, including cement, lime, concrete and stucco operations, mortar, sand, or similar materials used in such activities, to the MS4;
      (6)   Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to assure proper cleanup and disposal of any such spills in compliance with state, federal, and local requirements;
      (7)   Provide a location on site, or near site, for personal and construction waste so as to prevent littering;
      (8)   Implementation of proper waste disposal and waste management techniques, including covering waste materials, minimizing ground contact with hazardous chemicals and trash, and keeping trash receptacles off of paved surfaces, or other locations that drain directly to a storm drain system or local waterway;
      (9)   Sanitary waste facilities shall be maintained so that they do not create a hazard to the environment. Sanitary facilities should not be placed over any paved surfaces;
      (10)   Discharges  from dewatering activities, including discharges from dewatering of trenches and excavations, must be treated to the extent practicable and so that sediments are filtered or settled prior to ultimate discharge from site or into an underground storm sewer system; and
      (11)   Installation of structural measures during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but are not limited to, the following: stormwater detention structures (including wet ponds); stormwater retention structures; flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on site; and sequential systems which combine several practices. Operators of construction sites are responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site, and are not responsible for maintenance after stormwater discharges associated with construction activity have terminated.
   (B)   It is a violation of this chapter if a discharge occurs from a construction site containing materials other than stormwater and such discharge and/or materials are allowed to accumulate within the MS4 and such accumulation persists for a period beyond three days unless greater time is allowed by the Director of Public Works for removal. This includes discharges of sediment, to include off-site tracking be vehicles entering and exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated with the construction activity at the site.
(Ord. 1680, passed 3-10-08; Am. Ord. OR-2156-2019, passed 11-25-19)  Penalty, see § 52.99