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(A) Purposes. The purposes and objectives of this chapter are as follows:
(1) To maintain and improve the quality of surface water within the City of Parker, Collin County, and all waters of the US. (See 40 CFR 122.2 or definition of Waters of the U.S. in MS4 General Permit).
(2) To prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential, and construction sites into the city, the municipal separate stormwater sewer system (MS4) and natural waters within the city.
(3) To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers and natural water of the city.
(4) To encourage recycling of used motor oil and safe disposal of other hazardous consumer projects.
(5) To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction site within the city.
(6) To enable the city to comply with all federal and state laws and regulations applicable to stormwater discharges.
(B) Administration. Except as otherwise provided herein, the Director of Public Works (DPW), and/or Code Enforcement Officer (CEO) shall administer, implement, and enforce any the provisions of this chapter. Any powers granted to or duties imposed upon these people may be authorized to other personnel (aka, city personnel or third party) in accordance with 30 TAC § 305.44 and 30 TAC § 305.128.
(C) Definitions. Unless a provision explicitly states otherwise, the following terms shall have the meanings hereinafter designated:
AGRICULTURAL STORMWATER RUNOFF. Any stormwater runoff from orchards, cultivated crops pasture, range lands, and other nonpoint 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 a defined in 40 CFR 122.24.
BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the US. 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.
BIORETENTION. A method of treating surface runoff and settling of suspended solids through a terrestrial aerobic (upland) plant/soil/microbe complex to remove pollutants through a variety of physical, chemical and biological processes.
CHANNEL. A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. This shall include the bed, the banks, and the entire erosion hazard setback floodplain, zone, and easement.
CITY. The City of Parker. For purposes of this chapter, the CITY refers to the jurisdiction within the city limits. It also refers to the system of conveyances (including roads with drainage systems, municipal streets, catch basins curbs, gutters, ditches manmade 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, as defined in 40 CFR 122.26.
CITY DRAINAGE SYSTEM. The natural or artificial system for moving, storing, or otherwise effecting the flow of stormwater, whether publicly or privately owned or maintained.
CITY INSPECTOR(S). Refers to the Director of Public Works, Code Enforcement Officer, or their duly authorized representative who go on-site to determine if the provisions of this chapter are being met.
CODE ENFORCEMENT OFFICER. The person appointed by the city to enforce city codes or his/her duly authorized representative.
COMMENCEMENT OF CONSTRUCTION. The disturbance of soils associated with clearing, grading, or excavating activities or other construction activities.
COMMERCIAL. Pertaining to any business, trade, industry, or other activity engaged in for profit.
DEBRIS. Any solid waste or yard waste.
DIRECTOR OF PUBLIC WORKS (DPW). The person appointed by the city to manage field operations and provide environmental education, or his /her duly authorized representative.
DISCHARGE. Any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the City of Parker drainage system or into waters of the US.
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.
DOMESTIC SEWAGE. Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency.
EXTREMELY HAZARDOUS SUBSTANCE. Any substance listed in the Appendices to 40 CFR 355, Emergency Planning and Notification.
FACILITY. Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
FERTILIZER. A solid or nonsolid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of crop, or a mixture of 2 or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made.
FINAL STABILIZATION. The status when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures (such as the use of riprap, gabions, landscaping or geotextiles) have been employed.
FIRE DEPARTMENT. The Fire Department of the City of Parker, 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.
GARBAGE. Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
GENERALLY ACCEPTED MAINTENANCE ACTIVITIES. Procedures, work tasks, technique and schedules established for the sustainability and function of a stormwater feature published by a governmental agency, educational organization, professional organization or other subject matter expert.
HARMFUL QUANTITY. The amount of any oily substance that will cause pollution of waters of the US. (Clean Water Act as amended by the Oil Pollution Act of 1990)
HAZARDOUS HOUSEHOLD WASTE (HHW). Any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR 261(b)(1), would be classified as a hazardous waste under 40 CFR 261.
HAZARDOUS SUBSTANCE. Any substance listed in Table 302.4 of 40 CFR 302.
HAZARDOUS WASTE. Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR 261.
HAZARDOUS WASTE TREATMENT, DISPOSAL AND RECOVERY FACILITY. All contiguous land, and structures, other appurtenances and improvements on the land, used for the treatment, disposal, or recovery of hazardous waste.
HERBICIDE. A substance or mixture of substances used to destroy a plant or to inhibit plant growth.
INDUSTRIAL WASTE. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade or business.
MAINTENANCE ACTIVITIES. Practices required for the long-term sustainability and function of a component or system. This includes periodic inspections, debris removal and disposal, replanting of trees, maintaining vegetation, removal of silt, and repair of manmade components. The maintenance activities in natural channels and riparian areas shall be as minimal as possible.
MOTOR VEHICLE FUEL. Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
MUNICIPAL LANDFILL (or LANDFILL). An area of land or an excavation in which municipal solid waste is placed for permanent disposal, and which is not a land treatment facility, a surface impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated by the Texas Water Commission.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including roads with drainage systems, municipal streets, catch basins curbs, gutters, ditches manmade 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.
MUNICIPAL SOLID WASTE. Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.
NATURAL CHANNELS. Channels left in or near their natural state, maintaining the natural alignment and grade and riparian corridor.
NPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY (or INDUSTRIAL GENERAL PERMIT). The industrial general permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 1217 on September 9, 1992, and any subsequent modifications or amendments thereto.
NPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION SITES (or CONSTRUCTION GENERAL PERMIT). The construction general permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41217 on September 9, 1992, and any subsequent modifications or amendments thereto.
NPDES PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 USC 1342(b)), as amended, 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.
NONPOINT SOURCE. Any source of any discharge of a pollutant that is not a “point source.”
NOTICE OF INTENT (NOI). The notice of intent that is required by either the industrial general or the construction general permit.
NOTICE OF TERMINATION (NOT). The notice of termination that is required by either the industrial general permit or the construction general permit.
OIL. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with water.
OPERATOR. The persons who, either individually or taken together, meet the following 2 criteria: (1) they have operational control over the facility specifications (including the ability to make modifications in specifications); and (2) they have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
OWNER. The person who owns a facility or part of a property.
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.
PESTICIDE. A substance or mixture or substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
PETROLEUM PRODUCT. A petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. The term does not include naphtha-type jet fuel, kerosene-jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing.
PETROLEUM STORAGE TANK (PST). Any 1 or combination of above ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
POINT SOURCE. Any discernable, 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, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term POLLUTANT does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm land.
POLLUTION. The alternation of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state 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.
PUBLIC NUISANCE. A condition that is injurious to health, or is indecent or offensive to the senses, or any obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; or, affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
QUALIFIED PERSONNEL. Persons who possess the appropriate competence, skills and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally-accepted industry standards for such activity.
REGISTERED PROFESSIONAL ENGINEER (RPE). A person who has been duly licensed and registered by the Texas Board of Registration for Professional Engineers to engage in the practice of engineering in the State of Texas.
REPORTABLE QUALITY (RO). For any “hazardous substance,” the quantity established and listed in Table 302.4 of 40 CFR 302, as amended; for any “extremely hazardous substance,” to quantity established in 40 CFR 355, as amended, and listed in Appendix A thereto.
RUBBISH. Non-putrescible solid waste, excluding ashes, that consist of: (A) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (B) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, melt furniture, and similar materials that do not burn at ordinary incinerator temperature (1,600 to 1,800° Fahrenheit).
SANITARY SEWER (or SEWER). The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the city sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).
SEPTIC TANK WASTE. Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SERVICE STATION. Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.
SEWAGE (or SANITARY SEWAGE). The domestic sewage and/or industrial waste that is discharged into the city sanitary sewer system and passes through the sanitary sewer system to the city sewage treatment plant for treatment.
SITE. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
SOLID WASTE. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities.
STATE. The State of Texas.
STORMWATER. Stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER DETENTION. The temporary storage of storm runoff with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
STORMWATER DETENTION FACILITY. A detention basin or alternative structure designed for the purpose of temporary storage of surface runoff and gradual release of stored water at controlled rates.
STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY. The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within 1 of the categories of facilities listed in 40 CFR 122.26(b)(14), as amended, and which is not excluded from EPA’s definition of the same term.
STORMWATER FEATURE. A natural or manmade component or system which remains as a permanent part of a development also known as structural BMPs. The purpose of which includes stormwater conveyance, stormwater quality improvement, flood mitigation, or erosion reduction. The features include but are not limited to, channels, detention facilities, retention ponds, bioretention, rain harvest systems, landscape buffers, riparian areas, enhanced swales, filter strips, permeable pavers and manufactured devices.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan required by either the construction general permit or the industrial general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction or other industrial activity at the facility.
UNCONTAMINATED. Not containing a harmful quantity of any substance.
USED OIL (or USED MOTOR OIL). Any oil that has been refined from crude oil or synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties, but that may be suitable for further use and is recyclable in compliance with state and federal law.
WATER IN THE STATE (or WATER). Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water natural or artificial, inland, or coastal, fresh or salt, navigable or non-navigable, and including the beds 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.
WATER QUALITY STANDARD. The designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses, as specified in Texas Administrative Code, Title 31, Chapter 307, as amended.
WATERS OF THE UNITED STATES (US). All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; 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 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, as amended; 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 groundwater 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.
YARD WASTE. Leaves, grass clippings, yard and garden debris, ad brush that results from landscaping maintenance and land-clearing operations.
(Ord. 785, passed 6-2-2020)