For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL STORMWATER RUNOFF. Any stormwater runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
AQUATIC MONITORING ORGANISM. The Fathead minnow Pimephales promelas, the bacterium Vibrio ficheri, or the daphnid Ceriodaphnia dubia, or suitable equivalent species.
BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the MS4. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CELLAR DIRT. Construction site waste materials, such as natural rock and soil overburden.
CFR. The Code of Federal Regulations.
CITY. The City of Mansfield, Texas.
CLASSIFIED SEGMENT. Refers to a water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards, at 30 TAC § 307.10.
COMMON PLAN OF DEVELOPMENT OR SALE. A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development or sale is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities.
CONTAMINATED. Containing a harmful quantity of any substance.
CONTAMINATION. The presence of or entry into a public water supply system, the MS4, of any substance which may be deleterious to the public health and/or the quality of the water.
COSMETIC CLEANING. Cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws.
DIRECTOR. The Director of the Department of Public Works or the Director's authorized representatives.
DISCHARGE. Any addition or introduction of any pollutant, stonnwater, or any other substance whatsoever into the municipal separate storm sewer system (MS4).
DISCHARGER. Any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction-site or industrial facility.
ENVIRONMENTAL PROTECTION AGENCY OR EPA. The United States Environmental Protection Agency, or any duly authorized official of said agency.
FACILITY. Any facility, including construction sites, required by the Federal Clean Water Act to have a permit to discharge stonnwater associated with industrial activity.
FINAL STABILIZATION. A construction site status where any of the following conditions are met:
(1) All soil disturbing activities at the site have been completed and a uniform (that is, evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent measures (such as use of riprap, gabions, or other measures) have been employed.
(2) For individual lots in a residential construction site by either:
(a) The homebuilder completing final stabilization as specified in condition (1) above; or
(b) Only after prior approval from the Public Works Director, or the Public Works Director's authorized representative, the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, FINAL STABILIZATION.
(3) For construction activities on land used for agricultural purposes, FINAL STABILIZATION may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the FINAL STABILIZATION conditions of condition (1) above.
FIRE CODE. The "Fire Prevention and Protection" chapter of the city code.
FIRE DEPARTMENT. The Fire Department of the city, or any duly authorized representative thereof.
FIRE PROTECTION WATER. Any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire.
HARMFUL QUANTITY. The amount of any substance that will cause pollution of the MS4, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the city, upon their exposure to samples of any discharge into waters in the MS4.
MOBILE COMMERCIAL COSMETIC CLEANING. Power washing, steam cleaning, and any other mobile cosmetic cleaning operation, of vehicles and/or exterior surfaces, engaged in for commercial purposes.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act.
NOI. Notice of intent.
NON-POINT SOURCE. Any source of any discharge of a pollutant that is not a "point source,"
Notice of intent means the notice of intent that is required by the NPDES Stormwater Multi-Sector General Permit, the EPA Region 6 NPDES Stormwater Construction general permit, or any similar general permit to discharge stormwater associated with industrial or construction activity that is issued by the EPA or the TCEQ.
NPDES. The National Pollutant Discharge Elimination System.
NPDES PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
OPERATE. Drive, conduct, work, run, manage, or control.
OPERATOR. The party or parties that either individually or taken together meet the following two criteria:
(1) They have operational control over the site specifications (including the ability to make modifications in specifications); and
(2) They have the day-to-day operational control of those activities at the site necessary to ensure compliance with SWPPP requirements and any permit conditions.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH. The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units.
POINT SOURCE. Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
POLLUTANT. Dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system.
POLLUTION. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the MS4.
Stare means the State of Texas.
STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
SWPPP. Stormwater Pollution Prevention Plan.
TAC. The Texas Administrative Code.
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM. The program delegated to the State of Texas by the EPA pursuant to 33 U.S.C. § 1342(b).
TPDES. The Texas Pollutant Discharge Elimination System.
TSS (TOTAL SUSPENDED SOLIDS). Solids that either float on the surface, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter.
UNCONTAMINATED. Not containing a harmful quantity of any substance.
USC. United States Code.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERS OF THE STATE. Ground-water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
WATERS OF THE UNITED STATES. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of WATERS OF THE UNITED STATES at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
WETLAND. An area that is inundated or saturated by surface or ground-water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs, and similar areas.
(Ord. 1680, passed 3-10-08; Am. Ord. OR-2156-2019, passed 11-25-19)