HomeMy WebLinkAboutO-2010-3216 amending Chapter 34-Environment
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
January 25.2009
Bud!!:et
Requested By:
Tim Til'f:jl'm
Source of Funds:
N/A
Department:
PlauuiuK
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Staff presented a draft of this ordinance to Council on December 14,2009.
For reference, in 1987, the Clean Water Act was amended to include the National Pollution Discharge Elimination
System (NPDES) program, promulgated by the Environmental Protection Agency (EP A), which requires further
protection of U.S. waters by treating point and non-point source pollution in storm water discharges to the maximum
extent practicable. Addressed in two phases, phase 1 began in 1990 and applied to larger municipal separate storm
sewer systems (MS4) and 11 industrial categories including construction sites disturbing five or more acres. Phase 2
began in 2003 and applied to smaller MS4 (including La Porte in the 30,000 to 100,000 population category) and to
construction sites of one or more acres.
The TCEQ, through the State of Texas, has the responsibility of implementing the NPDES program to cities in both
phases, and in 2007, required the City of La Porte to generate a Storm Water Management Plan (SWMP) to
implement the program at the local level. Under the prepared plan, we are responsible for using each of the
following six minimum control measures (MCMs), identified as standardized Best Management Practices (BMPs).
1) Public Education and Outreach
2) Public Involvement in Storm Water Management Program Development
3) Illicit Discharge Detection and Elimination
4) Construction Site Storm Water Controls
5) Post Construction Storm Water Management for New DevelopmentJRedevelopment
6) Pollution Prevention/Good Housekeeping for Municipal Operations
We have entered into our third year of the five-year plan which requires that the city assume full control of the
program by August 2010 and pass a local ordinance which sets out construction process standards, assigns
additional departmental responsibilities, defines enforcement provisions and sets out BMPs. In the first two years of
the plan, the City continued to perform the MCM's 1-4 that were done in the past, through previously established
processes and requirements. The responsibility for all MCMs will now lie fully with the City as mandated by the
state. From the developer's perspective, the same things that the TCEQ has been requiring through their program
will continue to occur, but now they will be required by our program instead, as mandated by the TCEQ. We will be
responsible for generating annual reports to the TCEQ for monitoring purposes, but all day to day coordination will
be conducted by the city. The proposed ordinance addresses those requirements.
Action Required bv Council:
Consider approving an amendment to Chapter 34 "Environment" of the Code of Ordinances by adding Article VI,
"Sto ter Discharges" and amending Appendix-A, "Fees," and Appendix B, "Fines."
I IJo IhJ
Date
ORDINANCE NO. 2010- 3;.<) it-
AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT", OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING ARTICLE VI, "STORM
WATER DISCHARGES", AND AMENDING APPENDIX-A "FEES" AND APPENDIX-B,
"FINES", OF SAID CODE; PROVIDING FOR THE PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS FOR EACH VIOLATION, AND EACH DAY OF
VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City of La Porte hereby amends Chapter 34,
II Environment II , of the Code of Ordinances of the City of La Porte,
by adding Article VI, IIStorm Water Discharges II , a true and correct
copy of which is attached hereto as Exhibit IIAII, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The City of La Porte hereby amends Appendix A,
II Fees II, of the Code of Ordinances of the Ci ty of La Porte, by
adding to Chapter 34, II Environment II , the following:
IIArticle VI. Storm Water Discharge
(a) SWQ Permit inspection fee
200.00 34-22711
Section 3. The City of La Porte hereby amends Appendix B,
II Fines II , of the Code of Ordinances of the City of La Porte, by
adding to Chapter 34, II Environment II , the following:
IIArticle VI. Storm Water Discharge
(a) Fine for violation of article..... 2,000.00 34-19111
Section 4. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase, or clause, or part
thereof,
irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 5.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 6.
This Ordinance shall be effective fourteen (14)
days after its passage and approval.
The City Secretary shall
give notice to the passage of the ordinance by causing the caption
to be published in the official newspaper of the City of La Porte
at least once wi thin ten (10) days after the passage of the
ordinance.
PASSED AND APPROVED,
this JsfI- day of ifAtAJ{Mr-V
I
, 2010.
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By:
PORTE
(
ATTEST: \
~~!j!!!
, Mayor
City Secretary
APPROVED:
~1.~
Clark T. Askins, Assistant City Attorney
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ARTICLE VI. STORM WATER DISCHARGES
EXHIBIT A
DIVISION 1. IN GENERAL
Sec. 34-190. Definitions.
As used in this article, the following terms shall have the meanings ascribed in this
section unless the context of their usage clearly indicates another meaning:
Accessory structure shall mean a non-commercial structure of the type typically
associated with a single-family residential dwelling unit, including, but not limited to, a garage,
carport or barn.
Applicant shall mean the owner of the land on which new development or significant
redevelopment will occur or his authorized agent.
CFR shall mean the Code of Federal Regulations, as it may be amended from time to
time.
Clean Water Act shall mean the federal Water Pollution Control Act, 33 D.S.C. S 1251, et
seq., as amended from time to time.
Commercial activity shall mean any profit or not-for-profit activity involved in the
manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, or
the sale or lease of real property in the provision of professional or nonprofessional services, or
in the use of property for residential purposes other than single-family residential purposes.
Construction permit shall mean an official document or certification issued by either the
building official or the city engineer authorizing performance of a specified construction activity,
including, but not limited to, building permits, plumbing permits, electrical permits, HV AC
permits, lateral storm sewer permits, excavation permits, utility construction permits, paving
permits, demolition permits, and development permits.
Design manual shall mean the Public Improvement Criteria Manual of the City of La
Prote for Wastewater Collection Systems, Water Lines, Storm Drainage and Street Paving, as it
may be amended from time to time.
Developed parcel shall mean a parcel that is not undeveloped.
Development shall mean (i) any activity that requires a subdivision plat or site plan per
City of La Porte development criteria manual; (ii) the further subdivision of any reserve tract that
is part of a subdivision plat approved by the city planning commission; or (iii) any activity that
requires a construction permit.
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Discharge shall mean the introduction or addition of any pollutant, storm water or other
substance into the MS4, or to allow, permit or suffer any such introduction or addition.
Discharger shall mean a person who causes or threatens to cause a discharge.
Dwelling unit shall mean a structure, or a portion of a structure, that has independent
living facilities including provisions for nontransient sleeping, cooking and sanitation.
EP A shall mean the Federal Environmental Protection Agency and any successor agency
thereto.
Home occupation shall mean a commercial activity conducted entirely in a dwelling unit
or accessory structure by a resident thereof that is incidental and secondary to the use of the
dwelling unit for residential purposes and does not change the character thereof.
Homeowners' Association shall mean an incorporated or unincorporated association
owned by or whose members consist primarily of the owners of the property covered by a
dedicatory instrument and through which the owners, or the board of directors or similar
governing body, manage or regulate the single-family residential subdivision that has as one of
its purposes the continued care and maintenance of all commonly-owned properties within the
subdivision, particularly the areas established for storm water quality controls, and the authority
and means to impose binding assessments upon the lot owners for that purpose.
Impervious surface shall mean any area that does not readily absorb water including, but
not limited to, building roofs, parking and driveway areas, compacted or rolled areas that are not
revegetated, sidewalks, and paved recreation areas.
Industrial activity certification or lAC shall mean a certification filed with the City.
Lot shall mean an undivided tract of land intended for single-family residential use
contained within a block and designated on a subdivision plat by alphabetical or numerical
designation.
Municipal separate storm sewer system or MS4 shall mean the system of conveyances
owned or operated by the city or any co-permittee of the city that is designed or used for
collecting or conveying storm water.
New development shall mean development of an undeveloped parcel of land one acre or
larger without regard to the amount of land that will actually be disturbed. The term does not
include development on an undeveloped and undivided parcel of five acres or more of one
dwelling unit and one or more accessory structures. The term also does not include a stormwater
detention basin that includes a water quality feature.
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Non-structural control shall mean a maintenance or operational practice designed to
prevent or reduce the potential of storm water runoff contact with pollution-causing activities.
Notice of intent or NO! shall mean a notice of intent that is required by the TPDES
General Permit No. TXR150000 (construction more than one acre) or TXR 50000 (Industrial
activities), the EPA NPDES General Permit for Storm Water Discharges From Construction
Activities in Region 6, or any similar general permit to discharge storm water associated with
industrial or construction activity that is issued by the EP A or TCEQ.
Notice of termination or NOT shall mean the notice of termination that is required by the
TPDES General Permit No. TXRl50000 (construction more than one acre) or TXR 50000
(Industrial activities), the EPA NPDES General Permit for Storm Water Discharges From
Construction Activities in Region 6, or any similar general permit to discharge storm water
associated with industrial or construction activity that is issued by the EP A or TCEQ.
NPDES shall mean National Pollutant Discharge Elimination System.
NPDES permit shall mean a permit issued by the EP A (or by the state under authority
assumed pursuant to Section 1342(b) of Title 33 of the United States Code) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general basis.
Parcel shall mean a contiguous piece of land that is under common ownership or control
or that is part of a larger common plan of development or sale.
Person shall mean an individual, corporation, organization, governmental entity, business
trust, partnership, association, or other legal entity, or an agent or an employee thereof.
Pol/utant shall mean, but shall not be limited to, dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and other material discharged into the MS4 or any waters of the United States.
Pol/ution shall mean the alteration of the physical, thermal, chemical or biological quality
of, or the contamination of, any waters of the United States that renders the water harmful,
detrimental or injurious to humans, animal life, vegetation or property or to public health, safety
or welfare, or impairs the usefulness or public enjoyment of the water for any lawful or
reasonable purpose.
Public utility shall mean a water line, sanitary sewer, storm sewer, pump station or lift
station in a public right-of-way that is or will be owned and operated by the city or other political
subdivision of the state for public purposes.
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Publicly owned treatment works or POTW shall mean any device or system used in the
treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a
liquid nature that is owned by the state or a municipality, and includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW.
Representative storm event shall mean a storm event that is greater than one-tenth of an
inch in magnitude and that occurs at least 72 hours after the previously measurable (greater than
one-tenth of an inch rainfall) storm event.
Significant redevelopment shall mean changes of one acre or more to the impervious
surface on a five acre or larger developed parcel, but does not include a stormwater detention
basin that includes a water quality feature.
Single-family residential shall mean the use of a lot with one building designed for and
containing not more than two dwelling units.
Storm water management handbook for construction activities shall mean the Storm
Water Management Handbook for Construction Activities promulgated by the city, Harris
County and Harris County Flood Control District, as it may be amended from time to time.
Storm water discharges associated with construction activity shall mean storm water
discharges from construction activity, including clearing, grading, excavation and demolition
activities. The term does not include discharges from facilities or activities excluded from the
NPDES program under 40 CFR Part 122.
Storm water discharges associated with industrial activity shall have the meaning
provided in Section 122.26(b)(14) of Title 40 of the CFR, other than subsection (x) of that
Section.
Storm water quality management plan or SWQMP shall mean a plan prepared pursuant to
the requirements of division 2 of this article and the design manual.
Storm water quality permit or SWQ permit shall mean a current, valid permit issued
pursuant to division 2 of this article.
Structural control shall mean a structure or vegetative practice that is generally designed
to reduce pollutant levels in storm water runoff.
Structural control maintenance agreement shall mean an agreement entered into pursuant
to section 34-263 of this Code.
Structure shall mean that which is built or constructed, an edifice or building of any kind,
or any piece of work, including, but not limited to, a paved surface, that is artificially built up or
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composed of parts joined together in some definite manner. The term does not include a street or
a public utility.
Substantial deviation shall mean a deviation that:
(1) Increases the designed flow rate by more than five percent;
(2) Increases or decreases the designed storage volume by more that five percent;
(3) Increases or decreases the designed water surface elevation by more than six
inches; or
SWQ permittee shall mean the holder of a SWQ permit.
SW3P shall mean Stormwater Pollution Prevention Plan.
Third-party agreement shall mean an agreement that satisfies the requirements of section
34-262(b) of this Code.
TCEQ shall mean the Texas Commission on Environmental Quality and any successor
agency thereto.
TPDES means the Texas Pollutant Discharge Elimination System that was assumed by
the state from the EPA pursuant to Section 1342(b) of Title 33 of the United States Code.
TPDES permit shall mean a permit issued by the TCEQ that authorizes the discharge of
pollutants to water in the state, whether the permit is applicable on an individual, group, or
general basis.
Type 1 facility shall mean a municipal landfill, a hazardous waste treatment, disposal and
recovery facility, a facility that is subject to Section 11023 of Title 42 ofthe United States Code,
as it may be amended from time to time, or any other industrial facility that the city determines is
contributing a substantial pollutant loading to the MS4.
Type 2 facility shall mean any other municipal waste treatment, storage or disposal
facilities (including, but not limited to, POTWs, transfer stations, and commercial incinerators)
or any other industrial or commercial facility the city believes is contributing a pollutant to the
MS4.
Undeveloped parcel shall mean a parcel on which there are no structures at the time that a
construction permit, subdivision plat or other city approval is applied for or required.
Waters of the United States shall mean all waters that are currently used, were used in the
past, or may be susceptible to use in interstate or foreign commerce; all interstate waters,
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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 ofthe United States" under this definition; all tributaries of water identified in
this definition; all wetlands adjacent to waters identified in this definition; and any other waters
within the federal definition of "waters of the United States" in Section 122.2 of Title 40 of the
CFR; but not including any waste treatment systems, treatment ponds, or lagoons designed to
meet the requirements of the Federal Clean Water Act.
Wetlands shall mean 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.
Sec. 34-191. Penal provisions applicable.
(a) Any person who violates any provision of this article shall be guilty of an offense and
upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more
than $2,000.00 for each violation. Each day in which any violation shall occur shall
constitute a separate offense. Prosecution or conviction under this section shall not
preclude any civil remedy or relief for a violation of this article.
(b) In addition to criminal prosecution, where applicable, the city shall have the right to seek
the judicial remedies provided in section 34-192 of this Code for any violation of this
article.
Sec. 34-192. Judicial provisions applicable.
(a) The city, acting through the city attorney or any other attorney representing the city, is
hereby authorized to file an action in a court of competent jurisdiction to:
(1) Enjoin any person from violating or threatening to violate the terms, conditions
and restrictions of any permit issued under this article;
(2) Enjoin the violation or threatened violation ofthe provisions of this article; or
(3) Recover civil penalties for violation of the terms, conditions and restrictions of
any permit issued under this article;
(4) Recover civil penalties for violation for the provisions of this article; or
(5) Recover damages from the owner of a parcel in an amount adequate for the city to
undertake any construction or other activity necessary to bring about compliance
with this chapter.
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(b) The city, acting through the city attorney or any other attorney representing the city, is
hereby authorized to enter into agreements in lieu of litigation to achieve compliance
with the terms, conditions and restrictions of any permit issued under this article or the
provisions of this article.
The city's authority in Subsections (a) and (b) is in addition to all provisions of this Code relative
to the definition of offenses and the provision of penalties for violations of such offenses.
Sec. 34-193. Stop orders.
(a) Whenever any work authorized by a construction permit is being performed contrary to
the provisions of divisions 2 or 3 of this article, or other pertinent laws or ordinances
implemented through the enforcement of this article, the building official or the city
engineer may order the work (other than work to cure a violation) stopped by notice in
writing served on any persons performing the work or causing the work to be performed,
and any such persons shall forthwith stop the work until authorized by the building
official or the city engineer to proceed with the work.
(b) At the time a stop order is issued, the person performing the work and the permit holder
shall be given notice of a right to a hearing on the matter pursuant to section 116.2 of the
Building Code for permits authorized by that code or pursuant to section 34-197 of this
Code for all other construction permits. Upon request, such a hearing shall be held within
three business days unless the permit holder or person who was performing the work
requests an extension of time. Any stop order that has been issued shall remain in effect
pending any hearing that has been requested unless the stop order is withdrawn by the
building official or the city engineer.
Sec. 34-194. Nuisances.
An actual or threatened discharge to the MS4 that violates or would violate this article is
hereby declared to be a nuisance and shall be subject to enforcement pursuant to this Code.
Sec. 34-195. Emergency suspension of utility service and MS4 access.
(a) When the director of the department of public works determines that a person is causing
or threatening to cause a discharge to the MS4 or a publicly owned treatment work in
violation of this article that:
(1) Presents or may present an imminent and substantial danger to the environment or
to the health or welfare of persons; or
(2) Presents or may present an imminent and substantial danger to the MS4 or waters
of the United States;
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the director or deputy director may, without prior notice, suspend city water service, sanitary
sewer service, and MS4 discharge access to the person causing or threatening to cause the
discharge when the director of the department of public works determines that the service or
access is an instrumentality of or contributes to the unlawful discharge and suspension is
necessary to stop the actual or threatened discharge.
(b) As soon as practicable after the suspension of service or MS4 discharge access, the public
works director shall notify the discharger of the suspension of service or access by
delivering notice by hand to the person in charge of the premises for which service is
terminated or access denied if such person is present on the premises. The director of
public works shall send a notice by certified mail, return receipt requested, to the person
and address identified in the city's water service records for the account at the property
for which service is suspended or access denied. If there is no water service account, the
director of public works shall send notice to the address of the owner of the property as
shown on the Harris County Appraisal District's appraisal roll. The notice shall specify
the basis for the suspension of service or access and shall order the discharger to cease
the discharge or threatened discharge immediately.
(c) If the discharger fails to comply with an order issued under subsection (b), the director of
public works may take such steps as the director of public works deems necessary to
prevent or minimize damage to the MS4 or waters of the United States or to minimize the
danger to persons.
(d) The city shall not reinstate suspended services or MS4 access to the discharger until:
(1) The discharger presents proof that the noncomplying discharge or threatened
discharge has been eliminated and its cause determined and corrected;
(2) The discharger pays the city for all costs the city incurred in responding to,
abating, and remediating the discharge or threatened discharge or otherwise
provides financial assurance to cover such expenses; and
(3) The discharger pays the city for all costs the city will incur in reinstating service
or access or otherwise provides financial assurance to cover such expenses.
( e) A discharger whose service or access has been suspended or disconnected may appeal
such enforcement action pursuant to section 34-197 by filing a written request with the
director of public works not later than the tenth day after the day the service is suspended
or the access denied.
(f) If the discharger does not pay the costs as provided by this section, the city shall be
entitled to a lien against the property that is the subject of the suspension of service or
access to recover its response costs pursuant to the procedures set out in section 34-197
of this Code.
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(g) The remedies provided in this section are in addition to any other remedies set out in this
article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking
other action against a discharger.
(h) A person commits an offense ifthe person reinstates water service, sanitary sewer service
or MS4 access that has been terminated pursuant to this section without the prior written
approval of the director of public works.
Sec. 34-196. Non-emergency suspension of utility service and MS4 access.
(a) When the director of public works determines that a person is discharging or threatening
to discharge to the MS4 in violation of this article, the director of public works may
terminate city water supply, sanitary sewer connection and MS4 access to the person
discharging or threatening to discharge to the MS4 if the director of public works
determines that:
(1) The service or access is an instrumentality of or contributes to the unlawful
discharge or threatened discharge; and
(2) Termination would prevent, abate or reduce:
1. The discharge of a pollutant; or
11. The commission of any other act or activity which in itself or in
conjunction with any other discharge or activity causes, continues to
cause, or may cause pollution of any of the waters of the United States.
(b) The director of public works shall notify a discharger of the proposed suspension of its
water supply, sanitary sewer connection or MS4 access pursuant to this section before the
service is suspended or access denied. Notice shall be mailed, certified mail, return
receipt requested, to the name and address on the city water service records for the
account of the property where service is proposed to be suspended or access denied. If
there is no water service account, the director of public works shall send notice to the
address of the owner of the property as shown on the Harris County Appraisal District's
appraisal roll. The notice shall specify the basis for the proposed suspension of service or
access and shall order the discharger to cease the discharge or threatened discharge
immediately. The discharger may request a hearing prior to termination pursuant to
section 34-197 by filing a written request with the director of public works not later than
the tenth day after the day the notice is deposited in the mail. Upon timely receipt of a
request for a hearing, the city shall not suspend service or deny access until after the
hearing officer renders a decision authorizing the suspension of service or denial of
access. If the discharger does not request a hearing within the time specified, the city
shall suspend the service or deny the access as described in the notice.
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(c) The city shall not reinstate suspended services or MS4 access to the discharger until:
(1) The discharger presents proof that the unlawful discharge or threatened discharge
has been eliminated and its cause determined and corrected; and
(2) The discharger pays the city for all costs the city will incur in reinstating service
or MS4 access or otherwise provides financial assurance to cover such expenses.
(3) The remedies provided by this section are in addition to any other remedies set
out in this chapter. Exercise of this remedy shall not be a bar against, nor a
prerequisite for, taking other action against a discharger.
(d) A person commits an offense if the person reinstates water service, sanitary sewer service
or MS4 access suspended pursuant to this section without the prior approval of the
director of public works.
Sec. 34-197. Appeals; hearing.
Any person whose permit is denied or revoked, whose water supply, sanitary sewer
connection or MS4 access has been terminated or may be terminated, or who is otherwise
aggrieved by a notice, action or decision by the director of public works or building official
undertaken pursuant to this article shall, upon written request, be entitled to a hearing to be
conducted by a hearing officer designated by the director of public works, who shall promulgate
rules for hearings. The decision of the hearing officer shall be final. For an appeal filed pursuant
to section 34-196, the hearing officer shall render a decision within five days after the close of
the hearing. Where time is of the essence, the aggrieved person may so advise and state the
reason therefore in the request and, to the extent reasonably warranted and allowed by the
circumstances, an expedited hearing of and decision on the issue shall be afforded.
Sec. 34-198. Compliance monitoring; methods.
(a) The director of public works shall have the right to install at a facility that discharges storm
water to the MS4, or to require the installation of, such devices as are necessary to conduct
sampling or metering of the discharger's operations.
(b) The director of public works may require any facility that the city engineer determines has
discharged or is discharging a pollutant or any substance that causes, continues to cause, or will
cause pollution, to conduct specified sampling, testing, analysis and other monitoring of its storm
water discharges. The director of public works may specify the frequency and parameters of any
required sampling or monitoring.
(c) The director of public works may require any facility that the director of public works
determines has discharged or is discharging a pollutant or any substance that causes, continues to
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cause, or will cause pollution to install monitoring equipment as necessary at the discharger's
expense. The discharger, at its own expense, shall at all times maintain the facility's sampling
and monitoring equipment in a safe and proper operating condition. Each device used to measure
storm water flow and quality must be calibrated to ensure accuracy. The director of public works
may also require monitoring of non-storm water discharges if the director of public works
reasonably believes that such discharges violate the city's MS4 permit requirements.
(d) Upon written request of the director of public works, the facility shall submit in writing the
results of any sampling or monitoring undertaken pursuant to the requirements of this article.
(e) The facility shall maintain for three years the results of any monitoring undertaken pursuant
to the requirements of this article as well as any supporting documentation.
(f) All monitoring required by this article shall be performed in accordance with the
methodologies and protocols established in Chapter 319 of Title 30 of the Texas Administrative
Code, as amended from time to time.
Sec. 34-199. Regulations and forms authorized.
The director of public works and the building official shall jointly promulgate regulations
and forms regarding compliance with the requirements of this article. Such regulations and forms
shall be available:
(1) At the office of the director of public works; and
(2) At the office of the building official.
The regulations and forms established hereunder may be amended or supplemented from time to
time as is mutually agreeable to the director of public works and the building official.
Sec. 34-200. Cumulative effect.
(a) This article is cumulative of other requirements imposed by ordinances and regulations of
the city. To the extent of any inconsistency, the more restrictive provision shall govern.
(b) Any authorization granted by or any affirmative defense to a violation allowed pursuant
to this article does not excuse compliance with federal or state law or any other
provisions of this Code or any other city ordinance relating to the activities regulated by
this article.
Sec. 34-201. Remedies not exclusive.
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The remedies listed in this article are not exclusive of any other remedies available under
any applicable federal, state or local law, and it is within the discretion ofthe city to seek
cumulative remedies. The suspension, revocation, cancellation, or denial of any permit issued
under this article shall not prohibit imposition of any civil or criminal penalty. The imposition of
a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the
suspension, revocation, or denial of any permit issued under this article.
Sec. 34-202. Access to facilities and records.
(a) When it is necessary to make an inspection to enforce the provisions of this article or to
inspect or investigate conditions related to water quality, an authorized city official may
enter a building or premises at reasonable times to inspect or to perform the duties
imposed by this article or to inspect or review records, reports, data, plans, or other
documents relating to compliance with this article or with any TPDES or NPDES storm
water permit. If the building or premises is occupied, credentials must be presented to the
occupant and entry requested. If the building or premises is unoccupied, the authorized
city official shall first make a reasonable effort to locate the owner or other person having
charge or control of the building or premises and request entry. Ifrefused, the authorized
city official shall have recourse to the remedies provided by law to secure entry.
(b) When, due to emergency, immediate entry is necessary to protect life or property, or
when the authorized city official shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner, occupant or any other person
having charge, care or control of any building or premises shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry therein by the
authorized city official for the purpose of inspection and investigation pursuant to this
article or other laws relating to water quality.
(c) Any temporary or permanent obstruction to safe and easy access to a facility that is to be
inspected or sampled must be promptly removed by the discharger at the written or verbal
request of the city engineer and may not be replaced. The cost of clearing access to the facility
shall be borne by the discharger.
(d) The director of public works, city engineer, utility official, building official, health officer
or any city peace officer is hereby authorized to undertake the activities authorized by
this section.
Sees. 34-203-34-219. Reserved.
DIVISION 2. POST -CONSTRUCTION CONTROLS ON NEW DEVELOPMENT AND
SIGNIFICANT REDEVELOPMENT
Subdivision A. In General
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Sec. 34-220. Applicability.
(a) This division shall apply to new development and significant redevelopment within the
city (i) of any kind by a private individual or entity, except for the construction of major
thoroughfares and major collector streets designated on the City's Major Thoroughfare
and Freeway Plan and any public utilities in the rights-of-way for such thoroughfares and
streets, or (ii) of a structure, parking or storage area, or park or recreational facility by a
governmental entity.
(b) If the use of a parcel that was previously excluded from the definition of new
development because it was development on an existing undeveloped and undivided
parcel of five acres or more of one dwelling unit and one or more accessory structures
changes to a commercial activity that is not a home occupation, or the property is further
subdivided, the owner of the parcel shall at that time comply with all requirements of this
article.
(c) This division shall not apply to demolition authorized by action of City Council pursuant
to Chapter 82 of this Code..
Sec. 34-221. General requirements.
(a) Subject to the limitation in subsection (c) of this section, all new development and
significant redevelopment subject to this article shall either obtain and continuously
maintain a storm water quality permit or file an industrial activity certification. If a parcel
subject to the requirements of this section is located partially in the city and partially in
the unincorporated area of Harris County and storm water from any portion of the parcel
drains into the MS4, a SWQ permit or lAC shall be required for the parcel. If a parcel
subject to the requirements of this subsection is located partially in the city and partially
in the unincorporated area of a county other than Harris County, a SWQ permit or lAC
shall be required for the parcel.
(b) The SWQ permit is in addition to any other construction permit required for the new
development or significant redevelopment.
(c) Subject to the limitations in this subsection, the obligation to have and comply with a
SWQ permit shall continue in perpetuity and shall run with all the land covered by the
original SWQ permit. The owner of the land shall have the obligation to have and comply
with a SWQ permit unless that obligation is transferred to another person pursuant to this
Code. If pursuant to this Code the obligation to comply is transferred to a homeowners'
association or a person other than the city, the homeowners' association or the other
person shall have the obligation to maintain and comply with a SWQ permit. Ifpursuant
to this Code, the obligation to comply is transferred to the city, the obligation to obtain
and continuously maintain a SWQ permit for the land covered by the SWQ permit shall
cease.
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(d) For new development or significant redevelopment that includes, in whole or in part, the
platting of a single-family residential subdivision, a SWQ permit for the single-family
residential portion of the subdivision shall be obtained before the release of the plat for
recordation. For all other new development or any significant redevelopment, a SWQ
permit shall be obtained before the issuance of any construction permit for the new
development or significant redevelopment.
Sec. 34-222. Industrial activity certification.
If the new development or significant redevelopment occurs at a facility that either has or
will have permit coverage for storm water discharges from industrial activity issued by the state
before the industrial activity will commence, the operator shall either submit an industrial
activity certification in a form approved by the city engineer or obtain a SWQ permit. The
industrial activity certification shall include any of the following:
(a) A copy ofthe application for an individual permit from the state for storm water
discharges from industrial activity at the facility;
(b) A copy of the permit issued by the state for storm water discharges from industrial
activity at the facility;
(c) A copy ofthe NOI for coverage under a general permit for storm water discharges
associated with industrial activity issued by the state;
(d) A statement of commitment to file an application for an individual permit from
the state for storm water discharges from industrial activity at the facility; or
(e) A statement of commitment to file a NOI for coverage under a general permit for
storm water discharges associated with industrial activity issued by the state.
Sec. 34-223. Denial of plat recordation.
The planning and development department shall not release for recordation a subdivision
plat for new development or significant redevelopment consisting in whole or in part of single-
family residential lots that does not have a SWQ permit for the residential lots.
Sec. 34-224. Denial of construction permit.
(a) Neither the city engineer nor the building official shall issue any construction permit
required for new development or significant redevelopment that has not filed an lAC or
that has not obtained or is not in compliance with a SWQ permit.
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(b) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, neither the building official nor the city engineer shall issue any construction
permit for streets, public utilities, demolition or storm water controls for all or part of the
new development or significant redevelopment unless the requirements of this article of
this Code have been met.
(c) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, neither the building official nor the city engineer shall issue any construction
permit, except permits for streets, public utilities, demolition or storm water controls, for
all or part of the new development or significant redevelopment unless either:
(1) The city engineer has confirmed the proper installation of all structural controls
included in the SWQMP for all or that portion ofthe new development or
significant redevelopment and the SWQ permittee has satisfied the requirements
of this chapter; or
(2) The city has assumed maintenance of all structural controls included in the
SWQMP for all or that portion of the new development or significant
redevelopment.
(d) Ifthe SWQMP on which the SWQ permit is based does not include one or more
structural controls, neither the building official nor the city engineer shall issue any
construction permit for all or a part of the new development or significant redevelopment.
Sec. 34-225. Denial of utility connections.
The utility official shall not permit any new development or significant redevelopment to
receive any service from the city water distribution or wastewater collection systems unless, at
the time of the application for service, the new development or significant redevelopment has
and is in compliance with a SWQ permit or an industrial activity certification.
Sec. 34-226. Denial of certificate of occupancy.
(a) Except as provided in subsection (b) ofthis section, the building official shall not issue a
certificate of occupancy for any new development or significant redevelopment unless
the new development or significant redevelopment has and is in compliance with a SWQ
permit or an industrial activity certification
(b) Subsection (a) shall not apply if the city has assumed maintenance of all controls
specified in the SWQMP on which the SWQ permit is based.
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Sec. 34-227. Fees.
(a) Applicants for a SWQ permit shall pay a fee for the processing of each application,
including inspections services rendered in accordance therewith. Fees shall be in an
amount established in Appendix-A "Fees" of this Code.
(b) Payment of any applicable fees when due is a condition of the processing of any
application, renewal, amendment or structural control maintenance agreement under this
article.
Sees. 34-228--34-239. Reserved.
Subdivision B. Storm Water Quality Permit Process
Sec. 34-240. Storm water quality permit application generally.
An applicant for a SWQ permit shall submit a storm water quality permit application on
the form specified by the city engineer, along with the application fee prescribed in Section 34-
227 of this article. The application shall include a storm water quality management plan that:
(a) Complies with the design manual;
(b) Includes a proposed inspection checklist, maintenance plan, and associated construction
drawings; and
(c) Is sealed by a professional engineer licensed as such in Texas.
Each application for a SWQ permit shall be accompanied by the applicable application fee.
Sec. 34-241. Bond.
(a) Except as provided in subsection (d), if the SWQMP includes structural controls, the
applicant shall provide a performance bond that satisfies the following requirements:
(1) The bond shall name the owner or operator of the parcel subject to the SWQ
permit as principal and a corporate bonding company licensed to conduct business
in the state as surety to secure the city that the proposed structural controls to be
covered by the bond will be constructed and installed in accordance with the
SWQ permit, the SWQMP, and any plans and specifications contained therein,
and securing the city against loss, damage, claim, or liability in connection
therewith.
(2) The bond shall be in a sum that includes at a minimum the total estimated costs of
the controls to be constructed.
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(3) The bond shall be in favor of and for the use and benefit ofthe city.
(4) The bond shall describe, by reference to the number of the application together
with such other brief descriptive matter as is necessary, the work proposed to be
done or to be covered by the SWQ permit in connection with which the bond is
gIven.
(5) The bond required by this section shall be conditioned that the work therein
referred to will be performed in strict and full accordance with the terms and
provisions of the SWQ permit, the SWQMP, and the plans and specifications
therein; and that if any of the work is not performed in accordance therewith, or if
any materials not in accordance therewith are used in the process of such work,
such failure and default shall be promptly remedied and any defective material or
work removed and replaced with material and by workmanship in accordance
with the terms of the SWQ permit, the SWQMP, and plans and specifications
therein without cost or expense to the city up to the sum of the bond. The bond
must guarantee materials and workmanship for a period of one year after the city's
initial inspection that confirms proper installation of the controls.
(6) The bond shall provide that the surety company will notify the city in writing 30
days prior to a cancellation, nonrenewal, or material change in the policy. In the
case of nonrenewal or cancellation, the SWQ permittee shall then have 21 days
after the surety company's notice to the city to replace the coverage or the SWQ
permittee's SWQ permit shall be revoked after notice and the opportunity for a
hearing without further action on the part of the city.
(7) The bond shall be in a form approved by the city attorney and must be
accompanied by a power of attorney or other convincing evidence of the issuing
agent's authority to act for the surety company and must meet the requirements of
Article 7.19-1 (b) of the Insurance Code.
(8) The bond shall be furnished to the city prior to the issuance of a construction
permit for any construction on the parcel.
(b) The applicant must present to the city its estimate of the costs to construct the structural
controls included in the SWQMP, and the city will assess the reasonableness of the
estimate. If the city determines that the estimate is insufficient and the applicant does not
provide a substitute bond in an amount deemed sufficient by the city, the city shall deny
the SWQ permit that is supported by the bond.
(c) The bond shall be released one year after the date of the city's inspection that confirms
that the structural controls covered by the bond have been properly installed and are
performing as intended.
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(d) A bond shall not be required if all structural controls will be completed and the
certifications required by section 34-261 (a) will be filed before any additional
construction, including the construction of streets and utilities, commences.
(e) Ifthe project is on public property, the owner or operator shall also provide a payment
bond to the city to secure the payment of mechanics, materialmen and suppliers liens.
Sec. 34-242. Issuance of SWQ permit.
(a) The city engineer shall review the SWQ permit application and the SWQMP and either
approve or deny the application based on compliance with the applicable provisions of
this article and the design manual. The city engineer shall also deny the application if any
statement made in the application or any documents submitted therewith were known to
be false or should have been known to be false by the applicant.
(b) The SWQ permit shall be issued to the owner ofthe land covered by the SWQ permit and
shall run with the land and be binding on all subsequent owners unless responsibility for
compliance has been transferred pursuant to section 34-262 ofthis Code.
(c) The applicant may seek a hearing for reconsideration of the denial of a SWQ permit
pursuant to section 34-197 of this article by filing a written request with the city engineer
not later than the tenth day after the applicant has been notified that the application has
been denied.
(d) The granting of a SWQ permit does not imply that federal or state storm water
management requirements or criteria have been met.
Sec. 34-243. Amendment of SWQ permit.
(a) An amendment to the SWQ permit is required in the following events:
(I) The person responsible for compliance with the SWQ permit changes either as a
result of:
(i) The transfer of ownership of the parcel to a different person; or
(ii) The transfer of the obligation to comply with this Code to a third-party
permittee pursuant to section 34-262 ofthis Code.
(2) Any substantial deviation is made to a structural control or any change is made to
a non-structural control in the SWQMP on which the SWQ permit is based; or
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(3) The subsequent new development or significant redevelopment of any parcel
covered by that SWQ permit (unless the subsequent new development or
significant redevelopment has already been anticipated and provided for in the
SWQMP on which the SWQ permit is based).
(b) Applications to amend a SWQ permit to satisfy subsection (a)(l) ofthis section shall be
submitted within ten days after any such transfer to a subsequent owner or to a third-party
permittee. Amendments to a SWQ permit to satisfy subsections (a)(2) and (a)(3) of this
section must be obtained before commencement of the activity that triggers the need for
the amendment.
(c) An application to amend a SWQ permit to transfer the SWQ permit to a subsequent
owner or a third-party permittee shall include an attestation by the subsequent owner or
third-party permittee that he has read the SWQMP and agrees to adhere to the operation
and maintenance requirements specified therein.
(d) To amend a SWQ permit, the SWQ permittee must submit a revised SWQMP, including
any revisions to the inspection checklist, maintenance plan and associated construction
drawings, together with the appropriate form and amendment fee. The city engineer shall
review the amendment application and either approve or deny the amendment application
based on compliance with the applicable provisions of this article and the design manual.
(e) If the amendment includes the transfer of responsibility for compliance with this division
to a third-party permittee pursuant to section 34-262(b) of this Code, the legal agreement
documenting that transfer shall be referred to the city attorney for a determination of
whether the legal agreement is adequate to assure compliance. If the city attorney
determines that the legal agreement is not adequate and the applicant does not provide a
substitute legal agreement deemed adequate by the city attorney, the amendment
application shall be denied.
(f) The applicant may seek a hearing to reconsider the denial of an amendment to a SWQ
permit pursuant to section 34-197 of this Code.
Sec. 34-244. Revocation of SWQ permit.
(a) The city engineer shall revoke a SWQ permit after notice and opportunity for a hearing
pursuant to section 34-197 of this article if he finds that:
(1) The applicant knew or should have known that a statement made in the
application for the SWQ permit was false;
(2) The SWQ permittee has violated any provision of its SWQ permit or of this
division including, but not limited to, failure to amend a SWQ permit as required
by section 34-243 of this Code;
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(3) The SWQ permittee or anyone acting on his behalf commits or threatens to
commit an act of violence against a city official either on or off the job for the
purpose of intimidating the official so that he will not perform his duties under
this division; or
(4) The SWQ permit has been issued in error.
(b) The city engineer shall send a written notification by certified mail, return receipt
requested, to the SWQ permittee informing him of the grounds for revoking his SWQ
permit. The SWQ permittee may request a hearing pursuant to section 34-197 by filing a
written request with the city engineer not later than the tenth day after notification by the
city of the grounds for revocation.
Sec. 34-245. Duration.
An initial SWQ permit shall be valid for one year from date of issuance, but may be
renewed. All subsequent renewals of a SWQ permit shall be valid for one year.
Sec. 34-246. Renewal.
To renew a SWQ permit, the SWQ permittee shall submit a renewal application on a
form prescribed by the city engineer and the applicable renewal fee not more than 30 days but
not less than five days prior to expiration of the SWQ permit. As part of the renewal application,
the SWQ permittee shall certify that all controls have been maintained as specified in the
SWQMP. If structural controls are used, a state licensed professional engineer shall also certify
that all structural controls still generally conform to the plans and technical specifications in the
SWQMP. The city engineer shall deny a renewal application ifit is found that the SWQ
permittee failed to seek an amendment to its SWQ permit if required to do so pursuant to section
34-243 of this Code.
Sees. 34-247--34-259. Reserved.
Subdivision C. Storm Water Quality Permit Requirements
Sec. 34-260. Incorporation by reference.
The SWQMP, including the proposed inspection checklist, maintenance plan and
associated construction drawings, shall be incorporated into the SWQ permit by reference.
Failure to comply with the SWQMP shall be a violation ofthis article.
Sec. 34-261. Certifications and attestations.
20
(a) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, the SWQ permittee shall submit a certificate sealed by a professional engineer
licensed as such in Texas within 14 days after the structural controls specified in the
SWQMP for all or that part of the new development or significant redevelopment have
been installed. The certificate shall certify that all structural controls are in general
accordance with the plans and technical specifications in the SWQMP. At the same time
this certificate is filed, the SWQ permittee shall also submit an attestation that he has read
the SWQMP and agrees to adhere to the operation and maintenance requirements
specified therein.
(b) If the SWQMP on which the SWQ permit is based does not include one or more
structural controls, the SWQ permittee shall, before the issuance of a construction permit
for any structure on land included in the SWQMP, submit an attestation that he has read
the SWQMP and agrees to adhere to the operation and maintenance requirements
specified therein.
Sec. 34-262. Transfer of permit; third-party permittees.
(a) The provisions of this subsection (a) shall apply to subdivisions that include lots for
single-family residential use. Prior to the sale of the first lot in the subdivision or any
section thereof, the owner of land that is being subdivided, in whole or in part, into
single-family residential lots shall either:
(1) Transfer the obligation to comply with all requirements of this division to a
homeowners' association established for all or that part of the subdivision. The
homeowners' association must have fee simple title to all structural controls and,
at a minimum, an easement in favor of the homeowners' association allowing
access to maintain structural controls or to implement non-structural controls.
Further, the owner must require that any homeowners' association for the
subdivision have the authority to impose fees or otherwise generate monies to
fund operation and maintenance measures and bond requirements. After a
homeowners' association complying with the provisions of this subsection has
been established, the owner may seek to amend the SWQ permit pursuant to
section 34-243 of this Code to transfer the SWQ permit to the homeowners'
association. Until the city has approved the transfer to the homeowners'
association, the owner shall remain responsible for compliance with the
requirements of this division; or
(2) Transfer the obligation to comply with all requirements ofthis division to the city
pursuant to a structural control maintenance agreement.
(b) The provisions of this subsection (b) shall apply to all new development or significant
redevelopment that is not governed by subsection (a) above. The SWQ permit may be
transferred to a person other than the owner of the land subject to the SWQ permit if the
21
person and the owner enter into a binding legal agreement that meets the requirements of
this subsection. The person must agree to comply with the requirements of this division
and with the terms and conditions of the SWQ permit, including adherence to the
operation and maintenance requirements specified therein. The third-party agreement
shall grant fee simple title to all structural controls to the person, provide an easement if
necessary to allow access by person across the owner's property to maintain structural
controls or to implement non-structural controls, and if necessary, to allow storm water
from the owner's property to drain across any adjacent property to a designated structural
control. The legal agreement shall also provide that in the event of its termination for any
reason, including by either choice or default, the obligation to comply with the provisions
of this division shall revert to the owner of the land.
Sec. 34-263. Assumption of maintenance requirements.
(a) The city shall only enter into a structural control maintenance agreement to assume
responsibility for long-term maintenance of structural controls pursuant to section 34-
262(a)(2) if the city engineer determines that:
(1) The SWQMP on which the SWQ permit is based only includes structural
controls;
(2) The structural controls serve either:
(a) Only the single-family residential lots in a recorded subdivision; or
(b) The single-family residential lots and reserves in a recorded subdivision if
the single-family residential lots constitute more than 80 percent of area
served by the controls and the aggregate of all reserves served by the
controls equals less than five acres;
(3) The structural controls are suitable for public maintenance; and
(4) The structural controls have been properly installed.
(b) The city engineer shall develop a list of structural controls suitable for public
maintenance and the design criteria for the controls on the list, and shall publish them in
the design manual. A structural control shall be suitable for public maintenance if
maintenance of it will involve activities the same or similar to the activities performed by
the department of public works and engineering's maintenance and right-of-way division.
(c) The city shall assume the long-term maintenance requirements of all structural controls
specified in the SWQMP only in exchange for a payment in an amount equivalent to the
estimated cost of maintaining the structure for ten years as determined by the city
engmeer.
22
(d) The structural control maintenance agreement shall grant the city all easements necessary
to allow access for maintenance. The city's assumption of maintenance of the structural
controls does not affect ownership of the underlying fee.
Sec. 34-264. Accounting for structural control maintenance agreements.
(a) All payments collected pursuant to structural control maintenance agreements shall be
deposited in a dedicated fund to which interest is allocated. All such amounts, together
with all interest earned thereon, shall be used solely for the purposes set forth in
subsection (b).
(b) The fees collected pursuant to structural control maintenance agreements may be used to
finance or to recoup the costs of the operation, maintenance, equipment, labor or capital
of structural controls assumed pursuant to a structural control maintenance agreement and
for meeting any other ongoing regulatory requirements imposed on such structures, such
as annual certifications of compliance or to finance or recoup the costs of any other
subsequent measures undertaken by the city to address storm water quality to achieve the
same purposes as the structural controls. Maintenance shall include, but not be limited to,
mowing, dredging and repair.
(c) Consistent with the city charter and state budget laws, disbursement of funds shall be
authorized by the department of public works and engineering at such times as are
reasonably necessary to carry out the purposes and intent of this article.
Sec. 34-265. Recordation.
(a) The SWQ permit requirements for each parcel shall be recorded in the real property
records of the county in which the parcel is located. The recordation shall note that none
of the structural or non-structural controls on or for the parcel may be changed from the
plans and technical specifications in the SWQ permit for the parcel, except as may
otherwise be provided in this article..
(b) F or new development that includes the platting of a reserve tract, a notation shall be
placed on the subdivision plat that a SWQ permit must be obtained before the issuance of
any construction permit for a structure on all or a part of the reserve tract.
(c) Third-party permittees: For subdivisions oflots for single-family residences, the
homeowners' association agreement or structural control maintenance agreement shall be
recorded for all parcels in the subdivision at the time of the transfer of the SWQ permit to
the homeowners' association. For other new development or significant redevelopment
for which there is a third-party permittee, the third-party agreement shall be recorded for
all parcels subject to the rights and obligations specified in the agreement at the time of
the transfer of the SWQ permit to the third-party permittee.
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(d) The SWQ permit applicant or, if the SWQ permit has already been issued, the SWQ
permittee, shall pay all recording fees required by the county clerk's office.
Sees. 34-266-34-279. Reserved.
DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
ACTIVITY
Sec. 34-280. Applicability.
This division shall apply to all facilities located within the city that have storm water
discharges associated with construction activity.
Sec. 34-281. Unpermitted discharges prohibited.
A person who is the operator of a facility that has storm water discharges associated with
construction activity commits an offense if the person discharges, or causes to be discharged,
storm water associated with construction activity without first having obtained an NPDES or
TPDES permit to do so.
Sec. 34-282. Submission of NOI.
(a) The operator ofa facility required to have an NPDES or TPDES permit to discharge
storm water associated with construction activity shall submit a certification that he has
submitted an NOI to the EPA or TCEQ, a copy of that NOI, and a copy ofa site plan and
a Stormwater Pollution Prevention Plan detailing the location of erosion control measures
to the city engineer or the building official prior to obtaining a construction permit for
that activity.
(b) A person commits an offense if the person operates a facility that is discharging storm
water associated with construction activity without having submitted a copy of the NOI
to do so to the city.
Sec. 34-283. Submission of NOT.
(a) If required to submit an NOT to EPA pursuant to an NPDES or TPDES permit to
discharge storm water associated with construction activity, an operator shall submit a
certification that he has submitted an NOT to the EP A or TCEQ and a copy of that NOT
to the city engineer at the same time the operator submits the NOT to the EP A or the
TCEQ as applicable. If final stabilization as required by EP A has not been achieved at the
time the operator submits the NOT, the operator shall also submit a copy of the NOI for
the operator who is assuming responsibility for the site.
24
(b) A person subject to the requirements of subsection (a) of this section commits an offense
if the person fails to submit a copy of the NOT to the city.
Sec. 34-284. Compliance with permit.
(a) A facility that has storm water discharges associated with construction activity shall be
operated in strict compliance with the requirements of its NPDES or TPDES permit to
discharge storm water associated with construction activity.
(b) The storm water pollution prevention plan implemented to satisfy the requirements of an
NPDES or TPDES permit to discharge storm water associated with construction activity
shall comply with the storm water management handbook for construction activities.
(c) A person commits an offense if the person operates a facility that has storm water
discharges associated with construction activity in violation of the facility's NPDES or
TPDES permit to discharge storm water associated with construction activity.
Sec. 34-285. Modification of storm water pollution prevention plans.
(a) The city engineer and the building official may require the operator of a facility that has
storm water discharges associated with construction activity to modify the facility's storm
water pollution prevention plan if, in the best professional judgment of the city engineer
or the building official, the storm water pollution prevention plan does not comply with
the requirements of the facility's NPDES or TPDES permit to discharge storm water
associated with construction activity.
(b) Notification of the deficiencies in a facility's storm water pollution prevention plan shall
be made in writing, and the facility operator will be given a reasonable amount of time,
not to exceed 30 days, to make the necessary changes in the storm water pollution
prevention plan.
Sees. 34-286--34-289. Reserved.
DIVISION 4. STORM WATER DISCHARGES FROM INDUSTRIAL AND HIGH RISK
FACILITIES
Subdivision A. Storm Water Discharges Associated With Industrial Activity
Sec. 34-290. Unpermitted discharges prohibited.
(a) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity commits an offense if the person discharges, causes to be
discharged, or threatens to discharge storm water associated with industrial activity without
having first obtained an NPDES or TPDES permit to do so.
25
(b) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity commits an offense if the person submits a certification
pursuant to 34-303 and fails to comply with the applicable standards established by the TCEQ.
Sec. 34-291. Submission of NOI.
(a) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity shall submit to the city engineer a copy of:
(1) The notice of intent to obtain coverage under TPDES permit number TXR050000
for the facility;
(2) The notice of intent to obtain coverage under any other TPDES general storm
water permit for the facility;
(3) The individual TPDES storm water permit for the facility; or
(4) The no exposure certification form submitted to TCEQ for the facility pursuant to
the provisions ofTPDES permit number TXR050000.
(b) A copy of the NOI or the no exposure certification form shall be submitted to the city no
later than 14 calendar days after filing the NOI or no exposure form with the TCEQ for
such coverage. A copy of the individual TPDES permit shall be submitted to the city no
later than 14 calendar days after TCEQ signs the permit.
(b) A copy of the approved Stormwater Pollution Prevention Plan when the permit is issued.
Sec. 34-292. Submission of NOT.
( a) A person who is the owner or operator of a facility that has storm water discharges
associated with industrial activity shall submit to the city engineer a copy of an NOT for
the facility which shall include any information required for notice of termination under
TPDES permit number TXR050000 or any other TPDES general storm water permit,
whenever:
(1) All storm water discharges associated with industrial activity are eliminated at the
facility; or
(2) The operator of the facility changes.
If the NOT is being submitted because the operator of the facility has changed, a copy of the
NOI for the new operator shall be submitted with the NOT.
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(b)
The copy of the NOT shall be submitted no later than 24 calendar days after either all
storm water discharges associated with industrial activity are eliminated at the facility or
the operator of the facility changes.
Sees. 34-293-34-299. Reserved.
Subdivision B. Monitoring and Reporting
Sec. 34-300. Applicability.
This subdivision shall apply to municipal landfills, hazardous waste treatment, disposal
and recovery facilities, facilities that are subject to Section 11023 of Title 42 of the United States
Code, as it may be amended from time to time, and other municipal waste treatment, storage or
disposal facilities (including, but not limited to, POTWs, transfer stations and commercial
incinerators). The industrial activity operator shall submit a copy of test results required under
the TPDES permit TXR 050000 to the city engineer pursuant to section 34-301 ofthis Code.
Sec. 34-301. Designation as a type 1 or type 2 facility.
(a) The city engineer shall promulgate regulations to determine whether a facility is
contributing a substantial pollutant loading to the MS4 and so should be designated as a
type 1 facility. The city engineer shall further promulgate regulations to determine
whether a facility is contributing a pollutant to the MS4 and so should be designated as a
type 2 facility. The city engineer shall consider, but shall not be limited to, such factors
as the nature of the activities at the facility and drainage patterns in the area of the
facility. The city engineer shall provide the facility with a written notice ofthe facility's
designation.
(b) The city engineer shall send written notification by certified mail, return receipt
requested, to each type 1 or type 2 facility designated pursuant to subsection (a) of this
section informing the operator of that designation. The notice shall specify the parameter
or parameters that the facility will have to monitor for pursuant to section 34-302(b)(12)
or section 34-302(c)(5), whichever is applicable. The facility operator may appeal the
designation pursuant to section 34-197 of this Code. Designation as a type 1 or type 2
facility shall be effective on the third day following the date notice is deposited in the
mail to the facility.
(c) The city engineer shall further promulgate regulations for determining whether a facility
designated as a type 1 or type 2 facility pursuant to subsection (a) is no longer
contributing a substantial pollutant loading or a pollutant to the MS4 and for terminating
the facility's designation as a type 1 or type 2 facility. Upon terminating the facility's
designation as a type 1 or type 2 facility, the city engineer shall send written notification
by certified mail, return receipt requested to the facility informing it of that termination.
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Sec. 34-302. Monitoring required.
(a) Every type 1 and type 2 facility that has storm water discharges associated with industrial
activity shall undertake all monitoring:
(1) Required by an individual NPDES or TPDES storm water permit ifthe facility
has an individual storm water permit;
(2) Required by a general NPDES or TPDES storm water permit, other than TPDES
permit number TXR050000 if the facility has coverage under such a permit; or
(3) Required by TPDES permit number TXR050000, or any successor permit thereto,
if neither (i) or (ii) above apply.
(b) If a type 1 facility does not have storm water discharges associated with industrial
activity, the facility annually shall analytically monitor and analyze storm water discharges from
its facility during a representative storm event on an outfall-by-outfall basis for each of the
following parameters:
(1) Any pollutants limited in an existing NPDES or TPDES permit for the facility;
(2) Total oil and grease;
(3) Chemical oxygen demand;
(4) pH;
(5) Biochemical oxygen demand, five-day;
(6) Total suspended solids;
(7) Total phosphorus;
(8) Total Kjeldahl nitrogen;
(9) Nitrate plus nitrite nitrogen;
(10) Any other discharges required to be monitored under Section 122.21(g)(7)(iii) and
(iv) of Title 40 ofthe CFR;
(11) Any pollutants for which effluent limitations are imposed in the city's storm water
permit for its MS4; and
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(12) Any other pollutant that the city has determined the facility is discharging that
contributes a substantial pollutant loading to the MS4.
(c) If a type 2 facility does not have storm water discharges associated with industrial
activity, the facility annually shall analytically monitor and analyze storm water
discharges from its facility during a representative storm event on an outfall-by-outfall
basis for each ofthe following parameters:
(1) Chemical oxygen demand;
(2) Total oil and grease;
(3) pH;
(4) Any pollutants for which effluent limitations are imposed in the city's storm water
permit for its MS4; and
(5) Any other pollutant that the city believes the facility may be contributing to the
MS4 or waters ofthe United States.
Sec. 34-303. No exposure certification.
In lieu of the monitoring required by section 34-302, a facility may submit once every
five years a certification that raw and waste materials, final and intermediate products and by-
products, material handling equipment or activities, industrial machinery or operations, or
significant materials from past industrial activity are not presently exposed to storm water and
are not expected to be exposed to storm water. If the facility is eligible for coverage under
TPDES permit number TRX050000, the certification shall be on the form provided by TCEQ
pursuant to TPDES permit number TXR050000. If the facility is not eligible for coverage under
TPDES permit number TRX050000, the certification shall be on a form provided by the city. A
facility that submits a certification pursuant to this section shall notify the city at least 14 days
before changing operating or management procedures that would result in exposure of storm
water to industrial activities, and upon such a change shall become subject to the monitoring
requirements of section 34-302 of this Code.
Sec. 34-304. Establishment of reporting thresholds.
The city engineer shall establish a reporting threshold for every parameter for which
monitoring is required of type 1 or type 2 facilities that do not have storm water discharges
associated with industrial activity under this subdivision, which may be amended from time to
time as deemed warranted by the city engineer.
Sec. 34-305. Reporting of monitoring results.
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( a) If the results of any monitoring required by this subdivision:
(1) Exceed a benchmark or effluent limitation in the NPDES or TPDES storm water
permit for a facility that has storm water discharges associated with industrial
activity, or
(2) Exceed the threshold established by the city engineer pursuant to section 34-304
for a facility that does not have storm water discharges associated with industrial
activity, the owner and operator of the facility shall submit the results in writing
to the city engineer within 30 days after conducting the monitoring. Failure to
report the results of such monitoring shall constitute a violation of this article.
(b) The city engineer may request in writing by certified mail, return receipt requested, the
results of any other monitoring required by this division. The facility shall then submit
the requested data in writing to the city engineer within 30 days after the date the city
engineer's request is deposited in the mail to the facility.
Sec. 34-306. Record retention.
Each type 1 and type 2 facility shall retain the results of all monitoring required by this
division and supporting documentation for three years.
Sec. 34-307. Investigation, corrective measures, and additional monitoring.
(a) If the results of any monitoring required by this division:
(1) Exceed a benchmark or effluent limitation in an NPDES or TPDES storm water
permit for a facility that has storm water discharges associated with industrial
activity; or
(2) Exceed the thresholds established by the city engineer pursuant to section 34-304
for a facility that does not have storm water discharges associated with industrial
activity; the owner and operator of the facility shall investigate the cause of each
exceedance and take appropriate corrective measures to eliminate each
exceedance as soon as possible. The owner and operator shall notify the city
engineer of the corrective measures that will be taken and a schedule for
implementation.
(b) The city engineer may require additional monitoring at a frequency to be determined by
the city engineer to ascertain the effectiveness of any corrective measures taken pursuant
to subsection (a).
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(c) Failure to undertake appropriate corrective measures to eliminate an exceedance within a
reasonable amount of time as determined by the city engineer shall constitute a violation
of this article.
Sees. 34-308--34-319. Reserved.
DIVISION 5. ILLICIT DISCHARGES AND CONNECTIONS
Sec. 34-320. Discharge to MS4 prohibited.
(a) A person commits an offense if the person threatens to introduce, introduces, or causes to
be introduced into the MS4 any discharge that is not composed entirely of storm water.
(b) It is an affirmative defense to any enforcement action for a violation of subsection (a) that
the discharge was composed entirely of one or more of the following categories of
discharges:
(1) A discharge authorized by, and in strict compliance with, an NPDES or TPDES
permit (other than the NPDES permit for discharges from the MS4);
(2) A discharge or flow resulting from fire fighting by the fire department if that
discharge is not reasonably expected to be a significant source of pollutants to the
MS4;
(3) A discharge or flow of fire protection water if that discharge is not reasonably
expected to be a significant source of pollutants to the MS4;
(4) Water line flushing, provided that the water is not significantly chlorinated when
reaching a receiving water;
(5) Landscape irrigation;
(6) Diverted stream flows;
(7) Rising ground waters;
(8) Ground water infiltration;
(9) Infiltration (as defined in Section 35.2005(20) of Title 40 of the CFR) to separate
storm sewers;
(10) Pumped ground water;
(11) Discharges from foundation drains;
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(12) Discharges from potable water sources, providing the water is not significantly
chlorinated when reaching a receiving water;
(13) Irrigation water;
(14) Air conditioning condensation;
(15) Water from crawl space pumps;
(16) Springs;
(17) Lawn watering;
(18) Discharges from footing drains;
(19) Flows from riparian habitats and wetlands;
(20) Non-commercial car washing (until such time as TCEQ issues a general permit
for such discharges);
(21) Pavement wash waters provided cleaning chemicals are not used (until such time
as TCEQ issues a general permit for such discharges);
(22) Dechlorinated swimming pool discharges; or
(23) Materials resulting from a spill where the discharge is necessary to prevent loss of
life, personal injury or severe property damage provided that the party responsible
for the spill takes all reasonable steps to minimize or prevent any adverse effects
to human health or the environment.
(c) No affirmative defense shall be available under subsection (b) if:
(1) The discharge or flow in question has been determined by the city engineer to be
a source of a pollutant or pollutants to the waters of the United States or to the
MS4;
(2) Written notice of such determination has been provided to the discharger; and
(3) The discharge has continued after the expiration of the time given in the notice to
cease the discharge.
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Sees. 34-321-34-349. Reserved.
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