PROHIBITIONS AND REQUIREMENTS

§ 158.20 GENERAL PROHIBITION.

   (A)   No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of storm water.

   (B)   It is an affirmative defense to any enforcement action for violation of division (A) above that the discharge was composed entirely of one or more of the following categories of discharges:

      (1)   A discharge authorized by, and in full compliance with, an TPDES permit (other than the TPDES permit for discharges from the MS4);

      (2)   A discharge or flow resulting from firefighting by the Fire Department;

      (3)   Agricultural storm water runoff;

      (4)   A discharge or flow from water line flushing, but not including a discharge from water line disinfections by super chlorination or other means unless the total residual chlorine (TRC) has been reduced to less than four mg/l;

      (5)   A discharge or flow from lawn watering, or landscape irrigation, or other irrigation water;

      (6)   A discharge or flow from a diverted stream flow or natural spring;

      (7)   A discharge or flow from uncontaminated pumped ground water or rising ground water;

      (8)   Uncontaminated ground water infiltration (as defined as 40 C.F.R. § 35.2005(20)) to the MS4;

      (9)   Uncontaminated discharge or flow from a foundation drain, crawl space pump, footing drain or sump pump;

      (10)   A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container;

      (11)   A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter or any other source of pollutant;

      (12)   A discharge or flow from individual residential car washing;

      (13)   A discharge or flow from a riparian habitat or wetland;

      (14)   A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance;

      (15)   Storm water runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant.

(1998 Code, § 50-231) (Ord. 10-05, passed 3-17-2010)

§ 158.21 SPECIFIC PROHIBITION AND REQUIREMENTS.

   (A)   The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in § 158.20 of this chapter.

   (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 their TPDES permit.

   (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 dumpster, or trailer overflow:

         (a)   All individuals, businesses and/or firms renting dumpsters in the city shall be responsible for:

            1.   Keeping dumpster(s) covered at all times;

            2.   Maintaining their dumpster(s) and the area around their dumpster(s) in a clean and sanitary condition; and

            3.   Providing an adequately sized dumpster with necessary pickups in order to prevent the overflow of refuse.

         (b)   All individuals, businesses and/or firms utilizing trailers to store or transport household refuse and/or construction debris, shall keep trailers covered with a secured tarp at all times in order to prevent the release of windblown refuse or debris.

         (c)   Any individual, business and/or firm failing to maintain a dumpster or trailer in accordance with these regulations shall be subject to a fine of up to $250.

      (7)   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;

      (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 commercial floor, rug or carpet cleaning;

      (10)   Any wastewater from the wash down 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 wash down 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 blow down from a boiler;

      (12)   Any ready-mixed concrete, mortar, ceramic or asphalt base material or hydro mulch material, or from the cleaning of vehicles or equipment containing, or used in transporting or applying, such material;

      (13)   Any filter backwash from a swimming pool, fountain or spa;

      (14)   Any water from a water curtain in a spray room used for painting vehicles or equipment;

      (15)   Any contaminated runoff from a vehicle wrecking yard;

      (16)   Any substance or material that will damage, block or clog the MS4;

      (17)   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, methylbenzene and xylem (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 land filling 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.

   (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 wash water from a service station to be discharged into the MS4 unless such wash water 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 Ch. 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 Storm Water Manager 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.

   (H)   Used oil regulation. No person shall:

      (1)   Discharge motor vehicle oil into the MS4 or a sewer, drainage system, septic tank, surface water, ground water or watercourse;

      (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; and/or

      (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.

(1998 Code, § 50-241) (Ord. 10-05, passed 3-17-2010) Penalty, see § 158.99