§ 54.06  STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES.
   (A)   General requirements.
      (1)   All operators of construction sites shall use best management practices to control and reduce the discharge to the city’s drainage system and to waters of the US of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable under the circumstances. Such best management practices may include, but not be limited to the following measure:
         (a)   Preservation of existing vegetation and stabilization measures will be per city approved construction plans and specifications;
         (b)   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;
         (c)   Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site;
         (d)   Providing general good housekeeping measure 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 ad disposal of any such spills in compliance with state, federal and local requirements;
         (e)   Prevention of the discharge of building materials, including cement, lime, concrete, and mortar to the city’s drainage system or waters of the US;
         (f)   Implementation of proper waste disposal and waste management techniques, including covering waste materials and minimizing ground contact with hazardous chemicals and trash;
         (g)   Timely maintenance of vegetation, erosion and sediment control measures, and other best management practices in good and effective operating condition; and
         (h)   Post construction controls should be used per the city’s approved construction plans and specifications and maintained in accordance with the city’s SWMP.
      (2)   Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, on either of the schedules designated in the CGP (either every 14 calendar days and within 24 hours of a ½ inch rain event, or at least once every 7 days regardless of when it rains). All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the city. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is practicable. Based on the results of the inspection, a follow-up inspection will be conducted and 1 day given for completion of corrective action(s).
      (3)   The city may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by division (A)(1) above, that will be implemented at the construction site. The city may deny approval of any building permit, grading permit, or any other city approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by the DPW are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable under the circumstances.
      (4)   Any owner with any control over construction activity on their property, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in division (A).
      (5)   Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure if such failure 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 the city.
      (6)   The city may require specific structural controls or non-structural controls be installed to protect water quality. Controls may include, but are not be limited to, silt fencing, rock check dams, gabions, soil stabilizers, street sweeping or additional inspections .
   (B)   Five-acre disturbances.
      (1)   All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of 5 or more acres of total land area, or that are part of a common plan of development or sale within which 5 or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements (in addition to those in division (A)):
         (a)   Any operator who intends to obtain coverage for stormwater discharges from a construction site under the NPDES general permit for stormwater discharges from construction sites (“the construction general permit or CGP”) shall submit a signed copy of its notice of intent (NOI) to the DPW at least 2 days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this chapter, the NOI shall be submitted within 30 days or upon request by the city. For stormwater discharges from construction sites where the operator changes, an NOI shall be submitted at least 2 days prior to when the new operator commences work at the site.
         (b)   Signage shall be posted in accordance with the TCEQ construction general permit.
         (c)   A stormwater pollution prevention plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this chapter and any other city ordinance.
         (d)   The SWPPP shall be completed prior to the submittal of the NOI to the DPW and, for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified, as appropriate, and as required by the construction general and this chapter.
         (e)   A copy of any NOI that is required by division (B)(1)(a), shall be submitted to the city in conjunction with any application for a building permit, grading permit, and any other city approval necessary to commence or continue construction at the site.
         (f)   The DPW may require any operator who is required by division (B)(1)(b) to prepare a SWPPP, to submit the SWPPP, and any modification thereto, to the DPW for review. Such submittal and review of the SWPPP may be required by the DPW prior to commencement of or during construction activities at the site.
         (g)   At the city’s discretion it may make the determination to deny any approval of any permit, grading permit, or any approval necessary to commence or continue construction, or to assume occupancy if a site is contributing pollutants to the city’s drainage system.
         (h)   The operator shall make the SWPPP and any modifications (as required and for the duration of the project) thereto available to the DPW upon request.
         (i)   The DPW may notify the operator at any time that they are not in compliance with their TPDES construction permit. Within 7 days of such notification from the DWP (or as otherwise provided by the DPW), the operator shall make the required changes to the SWPPP and shall submit to the DPW a written certification that the requested changes have been made.
         (j)   Upon final stabilization of the construction site, the owner (or the duly authorized representative thereof) shall submit written certification to the DPW that the site has been finally stabilized. (See definition of final stabilization in this chapter). The city may withhold an occupancy or use permit for any premises construction on the site until such certification of final stabilization has been filed and the DPW has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.
   (C)   Less than 5 acres of disturbance.
      (1)   All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of less than 5 acres of total land area, or that are part of a common plan of development or sale within which 1 to 5 acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with divisions (B)(1)a through j and (C)). However, instead of submitting a NOI, the construction site notice (CSN) should be submitted in accordance with the construction general permit.
      (2)   A copy of the construction site notice (CSN) shall be displayed at the construction site at a place readily available for viewing by the general public, and local, state, and federal authorities.
(Ord. 785, passed 6-2-2020)