HomeMy WebLinkAboutORD 01-099 ORDINANCE NO. 01-099
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
TO ADD A NEW ARTICLE VIII ENTITLED WATERSHED
PROTECTION REGULATIONS; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING
A PENALTY.
WHEREAS,the City's National Pollutant Discharge Elimination System Stormwater
Permit requires the City to adopt regulations to protect the City's watershed; and,
WHEREAS, City Council desires to enact such regulations.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of the City of Beaumont be and the same is
hereby amended to add a newArticle VIII,Section 28-140,Watershed Protection Regulations.
The Watershed Protection Regulations of the City of Beaumont,attached hereto as Exhibit
"A", be and the same are hereby adopted as if copied verbatim herein, and 28-140 of the
Code of Ordinances is hereby added to read as follows:
28-140. The Watershed Protection Regulations as on file with the City Clerk are
hereby adopted as the Watershed Protection Regulations of the City of Beaumont.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason be
held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance,and to such end the various portions and provisions of this ordinance are declared
to be severable.
Section 3.
All ordinances or part of ordinances in conflict herewith are repealed to the extent of
the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,be
punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
December, 2001.
• ry
Mayor-
WATERSHED PROTECTION ORDINANCE
OF THE CITY OF BEAUMONT
Table of Contents
I. GENERAL PROVISIONS
A. Purposes
B. Administration.
C. Abbreviations.
D. Definitions
E. Authorized Representative
F. Report To Other Agencies
G. Compliance and Liability
H. Significaat Discharge Of Pollutants
I. General Prohibitions
J. Specific Prohibitions And Requirements
I. Non Inclusivity
2. Prohibited Releases
3. Erosion Control
4. Sanitary Sewage.
5. Pavement Washwater
6. No Discharge Without Required Permit or Plan.
U. REGULATION OF PESTICIDES,HERBICIDES AND FERTILIZERS
A. Licensing
1. Presentation of License
B. Proper Use and Disposal
1. Use According To Directions
2. No Discharge Of Harmful Quantity
3. No disposal to MS4
C. Notices
1. Display of Notice.
III. OILS AND MOTOR VEHICLE FLUIDS
A. Control of Discharges of Oil
B. Notice Of Oil Collection.
IV. SPILL REPORTING AND CLEANUP
A. City Fire Department Reporting Requirement
Pg 1
EXHIBIT "A"
1. Reportable Spill Incident
2. Reporting Requirement
B. Reportable Spill Incident Procedures
1. Immediate Verbal Notification
2. Written Report
C. Liability
1. No Limitation of Liability
2. Reimbursement
V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
A. General Provisions
1. Construction Violation
2. Initiation And Termination Of Construction
3. Time Limits For Grading
4. Use Of Best Management Practices .
5. Remedy
6. Stop Work Order(SWO)
B. Construction Site
1. Definition Of Construction Site
2. Construction Site Boundary
3. Staged Construction
4. Boundaries Of Disturbance
5. Active And Inactive Construction
6. City Engineer Definition of Boundary
7. Cessation of Site
C. Operators, Owners And Applicants For Construction Activities
1. Operator
2. Previous Owner or Leasee
3. Operator Responsibility
4. Assurance of Compliance
5. Change In Operator
6. Applicant
7. Division Of Responsibility
8. Responsibility Of Others
9. Joint And Several Liability
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D. Types Of Construction Activities
1. Grading Activities
a. Grading Activities Defined.
b. City Engineer Can Define Grading
2. Closure Activities and Final Stabilization
a. Closure Activities
b. Completion of Closure Activities
c. Proper Closure
d. Inactive Construction Site
E. General Requirements For Construction Activities
1. Conduct of Construction
2. 90-Day Record Retention
2. Requirements For Any Size of Construction Site
F. Grading Permit And Grading Permit Application
1. General Provisions
2. Grading Permit
3. Elements of Grading Permit
4. Amendment To Grading Permit
S. Late Filing of Amendment To A Grading Permit
a. Late Filing Defined.
b. Late Filing Requirements
c. City Engineer Approval
d. No Relief from Other Actions
6. Exemptions
a. Residential Maintenance.
b. Emergency Action
c. Waiver
G. Notice of Termination of Grading(NOTG)
1. General Provisions
2. Contents Of NOTG
3. Application Deadline.
4. No Early Submittal of NOTG
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5. Amendment to NOTG
a. No Penalty Filing of Amendment .
b. Penalty For Late Filing of Amendment
H. Acceptance, Conditional Acceptance Or Rejection Of A NOTG
1. Types Of Acceptance Of NOTG
2. Acceptance By Default
3. Review
4. Relief Provided By Acceptance
a. Acceptance Of NOTG
b. Conditional Acceptance.
i. Requirements For Conditional Acceptance.
ii. Final Acceptance Of Conditional Acceptance.
iii. Responsibility For Compliance To Conditional Acceptance.
c. Rejection Of NOTG
d. Revocation Of A NOTG
I. Pollution Control Activities
1. General Provisions
2. Construction Storm Water Pollution Prevention Plan(SWP3)
3. Grading Plan
a. Grading Plan Requirements
b. Grading Plan Elements
c. Revisions To Grading Plan
4_ Site Stabilization
a. Site Stabilization
b. Final Stabilization
J. Exemptions To Requirements For Construction
1. Exemptions Categories
VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL AND COMMERCIAL
ACTIVTIY
A. High risk industrial and commercial facilities
B. Compliance Requirements For Operators of High Risk Facilities.
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1. High Risk Industrial Facilities Requiring State or Federal Discharge Permit
2. High Risk Industrial Facilities Requiring Monitoring
C. Compliance Monitoring
1. Storm Water Sampling Requirements
2. Right Of Entry For Inspection And Sampling Purposes
D. No Exposure Certification
E. Search Warrants
VII. CITIZEN REPORTS OF VIOLATIONS
A. Report By Any Person
B. Action Upon Report
VIII. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Warning Notice
B. Notification of Violation(NOV)
C. Consent Orders
D. Show Cause Hearing
E. Compliance Order
F. Remediation,Abatement And Restoration Orders
G. Emergency Cease And Desist Orders
IX. RIGHT TO RECONSIDERATION,HEARING AND APPEAL
A. Reconsider of and Hearing of Petitions
B. Appeal
X. JUDICIAL ENFORCEMENT REMEDIES
A. Civil Remedies
B. Criminal Penalties
C. Determination of Fines
XI. CIVIL SUIT UNDER THE TEXAS WATER CODE
A. Action For Violation of Texas Water Code
XII. REMEDIES NONEXCLUSIVE
A. Nonexclusive Remedies
XM. SUPPLEMENTAL ENFORCEMENT ACTION
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A. Performance Bonds
B. Liability Insurance
C. Public Nuisances
XIV. FEES
XV. MISCELLANEOUS PROVISIONS
A. Specification of Times and Days
B. Severabdity
C. Supercedence
D. Effective Date
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WATERSHED PROTECTION ORDINANCE
OF THE CITY OF BEAUMONT
I. GENERAL PROVISIONS
A. Purposes
1. The City of Beaumont establishes this Ordinance for the following purposes:
a. To maintain and improve the quality of surface waters within the City;
b. To prevent the discharge of pollutants and contaminated storm water runoff from industrial,
commercial, residential, grading, and construction sites into the municipal separate storm
sewer system and surface waters within the City;
c. To promote public awareness of the dangers of improper discharge of hazardous substances,
petroleum products,household hazardous waste,industrial waste,sediment from grading and
construction sites,pesticides,herbicides,fertilizers and other pollutants into the storm sewers
and surface waters of the City,
d. To encourage recycling and safe disposal of used and potentially harmful or hazardous
consumer products;and
e. To enable the City to comply with all federal and state laws and regulations applicable to
storm water discharges.
B. Administration
1. Except as otherwise provided herein, the City Engineer shall administer, implement and enforce
the provisions of this Ordinance. Any powers granted to or duties imposed upon the City Engineer
may be delegated by the City Engineer to other City personnel.
C. Abbreviations. The following abbreviations,when used in this Ordinance, shall have the
designated meanings:
BMP - Best Management Practices
BTEX - Benzene,Toluene,Ethylbenzene and Xylene
CFR - Code of Federal Regulations
EPA - United States Environmental Protection Agency
MS4 - Municipal Separate Storm Sewer System of the City of Beaumont
NOI - Notice of Intent
NOT - Notice of Termination
NOTG - Notice of Termination of Grading
NPDES - National Pollutant Discharge Elimination System
PST - Petroleum Storage Tank
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SARA - Superfund Amendments and Reauthorization Act of 1986
SWO Stop Work Order
SWPPP - Storm Water Pollution Prevention Plan(SWP3)
SWP3 - Storm Water Pollution Prevention Plan(SWPPP)
TNRCC - Texas Natural Resource Conservation Commission
USC - United States Code
D. Definitions. Unless a provision explicitly states otherwise,the following terms and phrases,as
used in this Ordinance, shall have the meanings hereinafter designated.
1. Agricultural storm water runoff. Any storm water runoff from orchards, cultivated crops,
pastures,range lands and other nonpoint source agricultural activities,but not:discharges from
concentrated animal feeding operations as defined in 40 CFR § 122.23; discharges from
concentrated aquatic animal production facilities as defined in 40 CFR§ 122.24;or discharges
from residential irrigation or landscape watering.
2. Authorized Representative. A person delegated authority to act on behalf of another for the
purpose of complying with specified requirements of this Ordinance.
3. Best management practices (BM[Ps). Schedules of activities; prohibitions of practices;
maintenance procedures;material storage shelters or covers;drainage management,runoffcontrol
devices or structures; retention or detention structures;trapping, separating or settling devices;
spill prevention or control devices and tools;waste treatment plants and devices;managed waste
disposal devices and procedures; and other management practices to prevent or reduce the
pollution of waters of the United States.
4. Compliance monitoring. Observation, measurement or sampling done for the purpose of
determining compliance to this Ordinance.
5. Charity car wash. A car wash conducted by a nonprofit organization or a collection of people
not party to a common agreement or understanding for operation of the car wash for personal
monetary gain.
6. City. The City of Beaumont, Texas.
7. City Council. The City Council of the City of Beaumont.
8. City Engineer. The person appointed to the position of City Engineer by the City Manager of the
City of Beaumont,or his or her duly authorized representative.
9. Chief of Police. The administrative head of the police department of the City.
10. Chief of the Fire Department. The administrative head of the fire department of the City.
11. Commencement of construction. The first disturbance of soils associated with or caused by
move-in of equipment, installation of access roads or trails, storage of materials or equipment,
clearing,grading, demolition, building, excavation or similar activities at a construction site.
12. Commercial. Pertaining to any business,trade, industry or other activity conducted for profit.
13. Commercial activity. Services or activities involving the display, direct sale or distribution;
temporary storage prior to display, sale, or distribution;or repair or replacement of services or
products to the general public,or defined groups of the public,whether or not in conjunction with
other noncommercial activities. Unless defined as an industrial activity by state or federal
regulation,services,products or activities provided to or done on behalf ofthe general public shall
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be considered commercial activities.
14. Commercial facility. Any facility used or operated for, or in conjunction with, a commercial
activity, except those commercial activities which are either solely agricultural or defined as
industrial activities.
15. Compliance Order. An order issued by the City Engineer requiring a discharger to comply with
this Ordinance by means specified in the order.
16. Consent Order. An order issued by the City Engineer to which a discharger agrees to bring the
discharge into compliance to this Ordinance.
17. Construction. Activities involving clearing,grading,demolition,excavation,filling or building
of above and below ground structures and buildings, support and auxiliary facilities,
transportation facilities,container and containment structures,above and below ground utilities
and associated auxiliary facilities,pipelines and conveyances,and similar activities undertaken
for public purposes or needs; for preparation of land, structures, or facilities for commercial
purposes,use or sale;or for preparation of Land,structures,or facilities for industrial purposes,
use or sale.
18. Construction site. The entire location where any construction or construction related activities
occur which are part of a common development or project.
19. Discharge. Any addition or introduction of any pollutant, storm water or any other substance
whatsoever into the municipal separate storm sewer system(MS4)or into waters of the United
States.
20. Discharge permit. A NPDES permit,a TPDES permit or other state or federally issued permit
or license for the discharge of waste or storm waters to the waters of the United States.
21. Discharger. Any person who causes,allows,permits or is otherwise responsible for a discharge,
including,without limitation,any operator ofa construction site,grading site or industrial facility.
22. Domestic sewage. Human excrement,gray water(from home clothes washing,bathing,showers,
dishwashing, and food preparation), other wastewater from household drains, and waterborne
waste normally discharged from the sanitary conveniences of dwellings (including apartment
houses and hotels),office buildings, factories and institutions,that is free from industrial waste.
23. Effluent limit. A boundary or acceptable range on the magnitude of a water quality parameter
in a wastewater or storm water discharge.
24. Emergency Cease and Desist Order. An order issued by the City Engineer requiring immediate
cessation of a discharge because of imminent endangerment to people or the environment.
25. Environmental Protection Agency(EPA). The United States Environmental Protection Agency,
the regional office thereof, any federal department, agency or commission that may succeed to
the authority of the EPA,and any duly authorized official of the EPA or such successor agency.
26. Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 355,
Emergency Planning and Notification.
27. Facility. Any building, structure, installation or area of activity from which there is or may be
a discharge of a pollutant,excluding a construction or grading site.
28. Fertilizer. A solid or nonsolid substance,compound or mixture that contains an essential plant
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nutrient element in a form available to plants and that is used primarily for its essential plant
nutrient element content in promoting or stimulating growth of a plant or improving the quality
of a crop.
29. Final stabilization. The condition,or the activities leading thereto,of a grading site wherein all
soil disturbing activities at the site have been completed, and a uniform perennial vegetative
cover,or equivalent permanent erosion prevention measures,has been established over all areas
not paved or covered by permanent structures or impervious surfaces.
30. Fire Department. The fire department of the City of Beaumont, or any duly authorized
representative thereof.
31. Fire fighting discharge or flow.A discharge or flow resulting from fire fighting by the City's Fire
Department,a fire department of another city or public entity,or a fire fighting unit operated by
an industrial or commercial facility or consortium of industrial or commercial facilities doing
business or conducting operations within the City or its extra-territorial jurisdiction.
32. Fine protection water. Any water,and any substances or materials contained therein,discharged
or emitted from a fire suppressant device or used by any person other than the Fire Department
to control or extinguish a fire.
33. Garbage. Putrescible animal and vegetable waste materials from the handling, preparation,
cooking or consumption of food,including waste materials from markets,storage facilities and
the handling and sale of produce and other food products.
34. Grading activities. Activities which result in the disturbance of surface soil, removal of
vegetation or removal of structures.
35. Grading site. Area or location where grading activities or grading-related activities occur which
are part of a common development or project.
36. Grading permit. Authorization issued by the City to conduct grading activities.
37. Grading plan. A plan describing how grading is to be performed and how site closure is to be
accomplished at a grading site.
38. Harmful. Causing pollution of waters in the State or waters occurring in the MS4.
39. Harmful quantity. The amount of any substance that will cause pollution of waters in the State
or waters occurring in the MS4.
40. Hazardous household waste(HHV). Any material generated in a household(including single
and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp
grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the
exclusion provided in 40 CFR$261.4(bx 1),would be classified as a hazardous waste under 40
CFR Part 261.
41. Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302.
42. Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA pursuant
to 40 CFR Part 261.
43. Hazardous waste treatment,disposal or recovery facility. All contiguous land and structures,
other appurtenances and improvements on the land used for the treatment, disposal or recovery
of hazardous waste.
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44. Herbicide. A substance or mixture of substances used to destroy a plant or to inhibit plant
growth.
45. Illicit discharge. A discharge of liquid or solid wastes, or combination thereof, which is
discharged to a storm water conveyance without permit or exemption from prohibition of such
discharge.
46. Impervious. A condition of the land surface for which more than ninety (90) percent of the
rainfall on the land surface would be reasonably expected to run off.
47. In-use residential property. Residential property on which a building or a mobile home is
occupied on a more or less continuous and current basis.
48. Industrial waste. Any waterborne liquid or solid substance that results from any process of
industry,manufacturing,mining,production,trade or business,and that is not reused or recycled
by the same industrial facility generating such liquids or solid substances.
49. Industrial activity. Any activity or group of related or common activities defined as an industry
or industries by federal regulation in 40 CFR§ 122.26(bx14).
50. Industrial facility. The land, buildings, structures and auxiliary and support structures and
devices,where an industrial activity takes place;areas or zones where industrial activities take
pl ace;and areas or zones where industrial processes occur.
51. Industrial storm water discharge. Any storm water discharge from an industrial facility,
excluding areas separate firma the facility's industrial activity, such as office buildings and
accompanying parking lots or employee recreation areas, so long as the drainage from the
excluded areas is not mixed with storm waters drained from the industrial areas.
52. Irrigation overflow. A discharge of residual waters from irrigation activities; also return flow
from irrigation activities.
53. Late Filing of Grading Permit Application. A filing of a Grading Permit application made less
than two(2)working days prior to commencement of construction.
54. Leasee. The person who leases a construction site or industrial or commercial facility and acts
as an owner in regard to the conduct of construction at a construction site or operation of the
facility at an industrial or commercial facility.
55. Motor oil. Any nonvegetable oil that is or was used in the operation of a vehicle engine or
associated parts or systems, or in the operation of a stationary or mobile engine or mechanical
device, including but not limited to crankcase oil,transmission fluid,pulley or shaft lubrication,
and clutch lubrication.
56. Motor vehicle fluid. Any vehicle crankcase oil, motor oil, antifreeze, transmission fluid,
hydraulic fluid,brake fluid,differential lubricant,gasoline,diesel fuel,gasoline or alcohol blend
and any other fluid used in a motor vehicle for the purpose of operation or function ofthe vehicle.
57. MS4. Municipal separate storm sewer system, incorporating the entire system of storm water
conveyances, but not sanitary or industrial wastewater sewers, or a single conveyance in such
entire system,natural or man-made,lying within the boundaries of the City.
58. MS4 Permit. The NPDES permit issued to the City and other co-permitees for the discharge of
storm waters from the MS4.
59. Municipal landfill. An area of land or an excavation in which municipal solid waste is placed for
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permanent disposal and which is not a land treatment facility,a surface impoundment,an injection
well or a pile(as these terms are defined in regulations promulgated by the TNRCC).
60. Municipal separate storm sewer system (MS4). Storm water conveyances lying within the
corporate limits of the City of Beaumont,including but not limited to storm water sewers,inlets,
catch basins, traps, gutters, drains, ditches, culverts, canals, ponds and other storm water
conveyances,both natural and man-made, designed or used for collecting or conveying storm
water,and which are not used for collecting or conveying sewage.
61. Municipal solid waste. Solid waste resulting from or incidental to municipal, community,
commercial, institutional or recreational activities, including garbage, rubbish, ashes, street
cleanings,dead animals,abandoned automobiles and other solid waste other than industrial waste.
62. No exposure to Storm Water. A continuing and uninterrupted condition of no contact by rainfall
and storm water runoff discharged from a facility to raw materials,primary products,secondary
products,intermediate products,byproducts,recycled products,or waste products;recycled or
residual materials used in generation, storage, or handling of such materials or products;
machinery or equipment used in the generation,processing,storage,or handling of such materials
or products; or residuals or wastes arising from or due to operation of the commercial or
industrial facility.
63. No exposure certification. A certification signed by the operator of an industrial or commercial
facility that there is a condition of"no exposure"at the facility.
64. Nonpoint source. Any source of any discharge of a pollutant that cannot be identified as
emanating from a"point source."
65. Notice of Intent(NOI).A formal,written notice required by a state or federal agency stating the
intent of the submitter of the NOI to utilize a general permit for purposes of permitting a
discharge which is authorized by the general permit.
66. Notice of Termination (NOT). A formal written notice required by a state or federal agency
stating the intent of the submitter to discontinue a discharge previously authorized under a general
permit.
67. Notice of Termination of Grading(NOTG). A notice provided by a construction site operator
to the City notifying the City of intended completion of grading activities.
68. Notice of Violation(NOV). A legal notice issued by the City Engineer indicating a discharge is
in violation of this Ordinance and that the violator must eliminate such discharge.
69. NPDES permit. A National Pollutant Discharge Elimination System permit issued by the EPA
(or by the State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, irrespective of whether the permit is
applicable on an individual,group or general area-wide basis.
70. Oil. Any nonvegetable oil in any form not intended for human consumption or use in the
preparation offood including,but not limited to:petroleum,petroleum-based motor vehicle fluid,
fuel oil,crude oil or any fraction thereof which is liquid at standard conditions of temperature and
pressure sludge, oil refuse,and oil mixed with waste.
71. Operator of a construction site. The person or persons who, either individually or taken
together, (1) have, by virtue of ownership or lease, operational control over the construction
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specifications(including the ability to make modifications in specifications);(2)have by virtue
of ownership, lease or contract,the day-today operational control over those activities at the
construction site sufficient to ensure compliance with pollution prevention requirements and any
permit conditions; or (3) have financial control of construction and authority to direct, either
directly or indirectly,the construction activities to be undertaken at the site.
72. Operator of an industrial or commercial facility. The person by virtue of ownership, lease or
contract is(1)in charge of the activities at an industrial or commercial facility,whether active or
inactive, and (2) has financial responsibility for activities conducted at the facility. When the
facility is located on property leased by the owner of the facility,the operator is the owner of the
facility,not the owner of the leased property.
73. Owner. The person who owns a facility,property on which a facility occurs,part of a facility,
or part of the property on which a facility occurs;in the case of a mortgaged facility or property,
the person who has a mortgage on the property and who will obtain,upon pry payer to a
financial instiNtion,ownership of the property; in the case of a facility or property for which a
person has an option to purchase and such person acts,in effect,as an owner. Also,the person
who owns a site or facility and who has ultimate financial responsibility for activities conducted
at the site or facility.
74. Person. Any individual;group of people by virtue of contract or mutual consent acting as a single
entity; group of people assigned joint responsibility under requirements of this Ordinance;
p<utnership;co-partnership;firm,cornpany,corporation,association,joint stock company,trust,
estate,governmental entity or any other legal entity;or the legal representatives,agents or assigns
of any person as defined in this paragraph. This definition includes all federal, state and local
governmental entities.
75. Pervious. A condition of the land surface which is not impervious.
76. Pesticide. A substance or mixture of substances intended to prevent,destroy, repel or mitigate
any pest, or any substance or mixture of substances intended for use as a plant regulator,
defoliant, or desiccant (as these terms are defined in Section 76.001 of the Texas Agriculture
Code).
77. Petition for Reconsideration. Written document submitted by a person to the City Engineer
requesting reconsideration of a previously issued SWO; Compliance Order; Remediation,
Abatement and Restoration Order,or Emergency Cease and Desist Order.
78. Petroleum product. A product obtained from distilling and processing crude oil,including,but
not limited to,any petroleum-based liquid that is capable of being used as a fuel for combustion
devices or systems; or the propulsion of a motor vehicle, engine or aircraft including motor
gasoline,gasohol,other alcohol blended fuels,aviation gasoline,kerosene,distillate fuel oil,and
# 1 and#2 diesel. (The term does not include naphtha-type jet fuel,kerosene-type jet fuel,or a
petroleum product destined for use in chemical manufacturing or feedstock of that
manufacturing.)
79. Petroleum storage tank(PST). Any one or combination of aboveground or underground storage
tanks that contain petroleum products and any connecting underground and aboveground pipes.
80. Point source. Any discernable, confined and discrete conveyance,including but not limited to,
any per, ditch, channel, tunnel, chit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation,landfill leachate collection system or floating craft from
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which pollutants are or may be discharged. This tern does not include overflows from irrigated
agriculture or agricultural storm water runoff.
80. Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions,chemical waste,biological materials,radioactive materials,heat,wrecked or discarded
equipment, rock, sand, cellar dirt, sediment and industrial, municipal, and agricultural waste
discharged into water. The term"pollutant" does not include tail water or runoff water from
irrigation or rainwater runoff from cultivated or uncultivated range land,pasture land and farm
land.
81. Pollution. The alteration of the physical, thermal, clerical or biological quality of, or the
contamination of any water in the state that renders the water harmful,detrimental or injurious
to humans, animal life, vegetation or property, or to the public health, safety or welfare, or
impairs the usefulness or the public enjoyment ofthe water for any lawful or reasonable purpose.
82. Qualified personnel. Persons who possess the appropriate competence, skills and ability(as
demonstrated by sufficient e&cation, training, Wig, experience or, when applicable, any
required certification or licensing)to perform a specific activity in a timely and complete manner
consistent with the applicable regulatory requirements and generally accepted industry or
professional standards for such activity.
83. Release. Any spilling. leaking, pumPin& pig, emitting, emptying, dischar8i8, ojecti8,
escaping,leachm&dumping or disposing into the municipal separate storm sewer system(MS4)
or the waters of the United States.
84. Remediation,Abatement and Restoration Order. A legally issued order by the City Engineer
to correct or repair damage, stop, reduce or otherwise control pollutant discharge; and/or to
rehabilitate and return to original quality some condition in the environment.
85. Reportable incident. A spill or other release of a hazardous or extremely hazardous substance,
oil or other harmful substance which enters or is likely,in the absence of control of the spill or
other release,to enter the MS4.
86. Reportable quantity(RQ). For any"hazardous substance,"the quantity established and listed
in Table 302.4 of 40 CFR Part 302; for any "extremely hazardous substance," the quantity
established in 40 CFR Part 355 and listed in Appendix A thereto.
87. Residential property. Land and buildings on such land used predominately for ordinary living
and not for agricultural,commercial,industrial or public purposes,such buildings including but
not limited to single family houses,multi-family houses,condominiums and apartments.
88. Rubbish. Nonputrescible solid waste, excluding ashes, that consist of(1) combustible.waste
materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard
trimmings,leaves or similar materials; or(2)noncombustible waste materials, including glass,
crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at
ordinary incinerator temperatures(1600 to 1800 degrees Fahrenheit).
89. Sanitary sewer(or sewer). The system of pipes, conduits and other conveyances which carry
industrial waste and domestic sewage from residential dwellings,commercial buildings,industrial
and manufacturing facilities, and institutions, whether treated or untreated, to the City sewage
treatment pl ant(and to which storm water, surface water and groundwater are not intentionally
discharged).
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90. Septic tank waste. Any domestic sewage from holding tanks such as vessels, chemical toilets,
campers,trailers and septic tanks.
91. Service station. Any retail establishment engaged in the business of selling fuel for motor
vehicles that is dispensed from stationary storage tanks.
92. Sewage(or sanitary sewage). The domestic sewage or industrial waste that is discharged into
the City sanitary sewer system and passes through the sanitary sewer system to the City sewage
treatment plant for treatment.
93. Show Cause Hearing. A hearing for which a violator of this Ordinance must provide reason why
a proposed enforcement action by the City Engineer should not be undertaken.
94. Significant pollutant release. Any release of storm waters,nonstorm waters or mixture of storm
and nonstorm waters to the MS4 or a water of the United States winch the City Engineer
determines to cause,contribute to,or to have reasonable expectation to cause or contribute to a
violation of stream quality standards or a violation of a permit issued to the City for discharge
of storm or waste waters.
95. Site. The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
96. Site closure. The process of achieving final stabilization at a construction site and conducting
activities at the site which leave the site in good repair.
97. Site stabilisation. The condition,or the activities leading thereto,of a grading site for which all
soil disturbing activities and conditions at the site have been reduced to the maximum extent
practicable by completing, controlling, limiting or otherwise managing grading activities and
applying best management practices to limit erosion by use of vegetative cover or equivalent
erosion prevention measures(such as the use of hay,mulch,vegetative mats,sod,riprap,gabions
or geotextiles)over all areas not paved or covered by permanent structures,impervious surfaces
or not undergoing active grading. Permanent site stabilization instituted at the conclusion of
grading activities is final stabilization(see also definition of final stabilization).
98. Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility, and other discarded material, including, solid,
liquid,semi-solid or contained gaseous material resulting from industrial,municipal,commercial,
mining or agricultural operations,or from community and institutional activities.
99. State. The State of Texas.
100. Stop Work Order (SWO). A legal order issued by the City Engineer to stop construction
because of noncompliance to this Ordinance.
101. Storm water. Water derived solely and directly from rainfall or snowmelt runoff and appearing
as overland flow, flow in drainage conveyances or flow in natural watercourses and manmade
waterways.
102. Storm water permit. For a construction site,a general or individual permit issued by a federal
or state agency for the discharge of storm waters, inclusively,from a construction site. For an
industrial facility, a general or individual permit issued by a federal or state agency for the
discharge of storm waters,inclusively, from an industrial facilty.
103. Storm water discharge associated with industrW activity. The discharge from any conveyance
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which is used for collecting and conveying storm water and which is directly related to or has its
source in manufacturing,processing or raw materials storage areas at an industrial plant which
is within one of the categories of facilities listed in 40 CFR$ 122.26(b)(14), and which is not
excluded from EPA's definition of the same term.
104. Storm Water Pollution Prevention Plan(SWPPP,SWP3). A plan that describes the practices,
and the,procedures for their implementation,that are to be used to reduce the pollutants in storm
water discharges associated with construction or other industrial activity at a facility.
105. TPDES permit. Texas Pollution Discharge Elimination System permit issued by the TNRCC
for the discharge of waste or storm waters pursuant to authority delegated to the State of Texas
by the EPA for issuance of NPDES permits. For the purposes of this Ordinance, the term
TPDES permit is synonymous with NPDES permit.
106. Uncontaminated. Not containing a harmful quantity of any substance.
107. Used oil. Any nonvWtable oil that has been refined from crude oil or a synthetic oil that,as a
result of use, storage or handling, has become unsuitable for its original purpose because of
impurities or the loss of original properties but that may be suitable for further use and is
recyclable in compliance with state and federal law.
108. Warning Notice. A notice issued by the City Engineer stating that a discharge is in violation of
this Ordinance and requesting that the cause of discharge be investigated and that any violations
be stopped
109. Washdown water. Wastewaters or residual liquids used in or resulting from washing,cleaning
or decontamination of vehicles,equipment,machinery,buildings,facility,containment,structure,
or associated appurtenances or parts,components,elements or portions thereof.
110. Waste,debris,trash. Solid waste composed of mixtures of floatables and nonfloatables derived
f-o n identifiable and ill-defined residential, industrial and commercial sources, commonly
consisting of miscellaneous containers, bottles, cans, packaging, dead vegetation, discarded
construction materials,soil,silt,yard waste,paper,cardboard,bottle and container caps and tops,
oil and grease, paint and painting supplies,discarded auto parts or repair or maintenance tools
or supplies,discarded clothes,discarded furniture, discarded household appliances or discarded
parts of furniture or appliances.
112. Waters in the State(or Waters of the State). Any groundwater,percolating or otherwise,lakes,
bays,ponds,impounding reservoirs,springs, rivers,streams,creeks,estuaries,marshes,inlets,
canals,the Gulf of Mexico inside the territorial limits of the State,and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and
including the beds and banks of all water courses and bodies of surface water,that are wholly or
partially inside or bordering the State or inside the Jurisdiction of the State.
113. Water quality standard. The designation of a body or segment of surface water in the State for
desirable uses and the narrative and numerical criteria deemed necessary by the State to protect
those uses,as specified in the Texas Administrative Code.
114. Waters of the United States. All waters which are currently used,were used in the past,or may
be susceptible to use in interstate or foreign commerce,including all waters which are subject to
the ebb and flow of the tide; all interstate waters, including interstate wetlands;all other waters
in which the use, degradation or destruction would affect or could affect interstate or foreign
commerce;all impoundments of waters otherwise defined as waters of the United States under this
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definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters
identified in this definition,and any waters within the federal definition of"waters of the United
States"at 40 CFR $ 122.2;but not including any waste treatment systems,treatment ponds or
lagoons designed to meet the requirements of the federal Clean Water Act.
115. Vehicle maintenance fluid. Any used or unused motor vehicle fluid, any fuel, any soap or
detergent and any fluid except uncontaminated water resulting from the operation, servicing,
repair,cleaning or other maintenance of a vehicle.
116. Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support,and which 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.
117. Working day. Any calendar day, 8 am to 5 pm, but not including Saturday, Sunday,any legal
holiday recognized by the City or any day for which the City Engineer's offices are closed for
ordinary and general business.
118. Yard waste, Leaves, grass clippings, yard and garden debris and brush that results from
landscaping maintenance and land-clearing operations.
E. Authorized Representative
1. For a person to be a duly authorized representative for the purpose of complying to this
Ordinance,there shall be on file with the City Engineer a delegation of authority to the authorized
representative by the person making the delegation. At a minimum,this delegation shall provide
the name, title,and signature of the person making the delegation of authority;the name,title,
and signature of the person being authorized as a representative;and a statement that:
a. The authorized representative has the power to act on behalf of the person making the
delegation in the matters identified in the delegation of authority. Matters which can be
delegated include but are not limited to making applications, preparing grading plans,
preparing storm water pollution prevention plans, and providing notices required by this
Ordinance;and
b. The person making such delegation understands that such delegation does not limit his or her
liability in regard to compliance to this Ordinance and matters for which delegation is made.
F. Report To Other Agencies
1. The City Engineer may report any violation of this Ordinance by a discharger or operator to any
state or federal regulatory agency.
G. Compliance and Liability
1. Compliance to this order by a person shall not be more than thirty(30)days after its adoption,
unless such compliance requires structural additions or modifications to facilities, storm water
conveyances,or appurtenances to such facilities or conveyances,in which case such compliance
shall be within ninety(90)days.
2. A grading permit required by this Ordinance for grading which is ongoing at the time of adoption
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of this Ordinance shall be obtained by the operator of the grading site within thirty(30)days of
adoption of this ordinance unless such grading is terminated and the grading site undergoes proper
closure as prescribed by this Ordinance no later than ninety(90)calendar days after the date of
adoption of this Ordinance.
3. Submittal by a person to the City Engineer of a copy of a report required by county, state, or
federal law,regulation,ordinance,administrative order,enforcement action or other duly issued
order of a court of competent jurisdiction shall in no way remove any responsibility of the person
to meet such requirements for such report or requirements to submit such report to any county,
state,or federal department,agency,entity or person or to any court.
4. Request for submission by the City Engineer, submission by a person to the City Engineer, or
review by the City Engineer of any report, plan, application, or other document required by
county,state,or federal law,regulation,ordinance,administirative order,enforcement action or
other duly issued order of a court of competent jurisdiction does not imply, guarantee, or
warrantee that such request, submission or review will assure, meet or in any other way satisfy
requirements for compliance of such report,plan,application or other document with such county,
state,or federal law,regulation,ordinance,administrative order,enforcement action or other duly
issued order of a court of competed jurisdiction. Such request for submission, submission or
review does not imply or infer assumption of liability by the City for harm or damages suffered
as a consequence of use or implementation of such report,plan, application or document. Such
submission or review does not relieve a discharger or operator of liability or imply or represent
transfer of liability from the discharger or operator to the City for compliance to such state or
federal law, regulation, ordinance, administrative order, enforcement action, or other order for
consequences resulting from use of such report,plan,application or other document.
5. The City Engineer,upon written request of any person received within the time established by this
Ordinance or by the acxions of the City Engineer for compliance with this Ordinance,may extend
the date of compliance to this Ordinance for such person if the City Engineer determines that such
extension will serve the purposes of this Ordinance.
6. Compliance to a provision of this Ordinance shall not relieve a person from compliance to any and
all other applicable provisions ofthis Ordinance and any other requirements of City,county,state,
or federal law,regulation,ordinance,administrative order,enforcement action or other duly issued
order of a court of competent jurisdiction.
H. Significant Discharge Of Pollutants
1. For the purpose of this Ordinance, a significant discharge of pollutants to the MS4 or waters of
the United States occurs when any one or combination of the following occur.
a. The pollutant being discharged is an oil, toxic material,hazardous or extremely hazardous
substance or hazardous waste;
b. The discharge causes or contributes to the violation of State water quality standards by
discharges from the MS4;
c. The discharge causes the City or any or all co-permittees to the MS4 permit to violate the
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MS4 permit;
d. The discharge contributes all or in part to the City violating the MS4 permit or any other state
or federal permit issued to the City for discharge of storm waters, wastewaters, or other
wastes;
e. The discharge causes or contributes to the violation by the City of a state or federal regulation
or effluent limit;
f. The discharge has caused,is causing or represents an imminent or substantial endangerment
to the health or welfare of persons or to the environment, or the discharge results or has
resulted in the City Engineer's exercise of his or her emergency authority to halt or prevent
such a discharge;
g. The discharge is,as determined by the City Engineer,a chronic or an extreme endangerment
to the public or to the environment;
h. The discharge fails to comply with a schedule for compliance with this Ordinance, whether
imposed by the City or by a court.
I. General Prohibitions
1. No Significant Discharge of Pollutants.No person,acting alone or in concert with others,shall
create, cause or introduce or contribute to creating, causing or introducing any discharge that
causes a significant discharge of pollutants to the MS4 or waters of the State or the United States.
2. No Nonstorm Discharge.No person shall introduce or cause to be introduced into the MS4 any
discharge that is not composed entirely of storm water,except for a discharge composed of the
one or more of the following or a mixture of storm water and one or more of the following:
a. A discharge authorized by, and in full compliance with, an NPDES permit (other than the
MS4 permit);
b. Fire fighting discharge or flow;
c. Discharge or flow of fire protection water that does not contain oil or hazardous substances
or materials,including but not limited to discharges from automatic sprinkler systems installed
for the purpose of fire protection, and discharges from city, commercial or industrial fire
hydrants.
d. Agricultural storm water runoff,
e. Irrigation overflow;
f. A discharge or flow from water line flushing, but not including a discharge from water line
disinfection by superchlorination or other means unless it contains no harmful quantity of
chlorine or any other chemical used in line disinfection,
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g. A discharge or flow from lawn watering, noncommercial gardening or landscape irrigation;
h. A discharge or flow from a diverted stream flow or natural spring;
i. A discharge or flow from uncontaminated pumped groundwater or rising groundwater;
j. Uncontaminated groundwater infiltration(as defined as 40 CFR. §35.2005(20))to the MS4;
k. Una discharge or flow from a foundation drain,crawl space pump,footing drain
or sump pump;
1. 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,
m. 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;
n. A discharge or flow from individual residential car washing;
o. A discharge or flow from car washing done for charity, community or civic purposes,
provided the charity,community or civic group performing such car washing receives all of
any money paid by persons for such washing and such charity,community or civic group does
not conduct such washing activities more than twelve(12)calendar days per year;
p. A discharge or flow from a riparian habitat or wet land;
q. A discharge or flow from water used in street washing that is not contaminated with any soap,
detergent,surfactant,degreaser,solvent,emulsifier,dispersant or any other harmful cleaning
substance;
r. 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;and
s. Swimming pool water that has been dechlorinated or otherwise treated so that the discharge
contains no harmful quantity of chlorine,muriatic acid or other chemical used in the treatment
or disinfection of the swimming pool water or in pool cleaning.
J. Specific Prohibitions And Requirements
1. Non InclusMty. The specific prohibitions and requirements in this section are not necessarily
inclusive of all the discharges prohibited by the general prohibitions of this Ordinance.
2. Prohibited Releases.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:
a. Any used or unused motor oil, antifreeze or any other motor vehicle fluid;
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b. Any industrial waste;
c. Any hazardous or extremely hazardous waste, including household hazardous waste;
d. Any domestic sewage or septic tank waste,grease trap waste or grit trap waste;
e. Any garbage,rubbish or yard waste;
f. Any wastewater from a commercial car wash 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 mamtenance facility;
g. Any wastewater from any washing,cleaning or maintenance of any industrial, commercial
or public service vehicle,including but not limited to a truck,bus or mobile heavy equipment,
by an industrial,commercial or public entity that operates or services more than two(2)such
vehicles on a regular basis;
h. Any wastewater from the washing,cleaning,de-icing or other maintenance of aircraft,
i. Any wastewater from the washing, cleaning or maintenance of railway engines or other
railway vehicles;
j. Any wastewater from a commercial mobile power washer or from the washing or other
cleaning of a building exterior that contains any soap, detergent, surfactant, solvent,
degreaser,emulsifier,dispersant or any other harmful cleaning substance;
k. Any wastewater from floor, rug or carpet cleaning;
I. Any wastewater from the washdown or other cleaning of pavement that contains any harmful
quantity of soap,detergent,surfactant,solvent,degreaser,emulsifier,dispersant or any other
harmful cleaning substance;or any wastewater from the washdown or other cleaning of any
pavement where any spill, leak or other release of oil, motor fuel or motor vehicle fluid or
hazardous or extremely hazardous substance has occurred, unless all harmful quantities of
such released material have been previously removed;
m. Any effluent fiom a cooling tower, condenser, compressor, emissions scrubber, emissions
filter or the blowdown from a boiler;
n. Any ready-mixed concrete,mortar,ceramic,asphalt-based material or hydromulch material,
or discharge from the cleaning of vehicles or equipment containing or used in transporting or
applying such material;
o. Any runoff or washdown water from any animal pen,kennel or fowl or livestock containment
area that is used to contain or otherwise house animals,fowl or livestock for the purpose of
private,commercial or industrial sale;
p. Any filter backwash from a swimming pool, fountain or spa;
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q. Any swimming pool water containing any harmful quantity of chlorine,muriatic acid or other
chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;
r. Any discharge from water line disinfection by superchlorination or other means if it contains
any harmful quantity of chlorine or any other chemical used in line disinfection;
s. Any water used in the fighting of fires which contains oil or hazardous substances or
materials,except a fire fighting discharge or flow as defined by this Ordinance;
t. Any water from a water curtain in a spray room used for painting vehicles or equipment;
u. Any contaminated runoff from a vehicle or mechanical equipment wrecking yard;
v. Any substance or material that will damage,block or clog any portion of the MS4;
w. 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:
i. Complies with all state and federal regulations, standards and requirements;
ii. Contains no harmful quantity of any pollutant;
iii. Contains no more BTEX than is allowed by state water quality standards applicable to
those receiving waters to which such discharge may directly occur.
3. Erosion Control. 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 in excess of what could be retained on site or captured by
employing sediment and erosion control measures to the maximum extent practicable under
prevailing circumstances.
4. Sanitary Sewage. No person shall connect a sewer, pipeline, or other connecting line conveying
sanitary sewage to the MS4, allow such a connection to continue, or make use of any such
connection for the discharge of sewage to the MS4.
5. Pavement Washwater. No person shall cause or allow any pavement washwater from a motor
vehicle service station or facility providing services or fuel for motor vehicles to be discharged into
the MS4 unless such washwater has passed through a properly functioning and maintained grease,
oil and sand interceptor or other water quality device of comparable removal effectiveness before
discharge into the MS4.
6. No Discharge Without Required Permit or Plan.No person shall,acting alone or in concert with
others, create, cause, introduce, direct, allow or contribute to creating, causing, introducing,
directing or allowing a discharge to occur that results in a storm water discharge without a permit
or a plan required by this Ordinance or by state or federal regulation.
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H. REGULATION OF PESTICIDES,HERBICIDES AND FERTILIZERS
A. Licensing
1. Presentation of License. Any license,permit,registration,certification or evidence of financial
responsibility required by state or federal law for sale, distribution, application, manufacture,
transportation, storage or disposal of a pesticide,herbicide or fertilizer must be presented to the
City Engineer or any city law enforcement officer for examination upon request.
B. Proper Use and Disposal
I. Use According To Directions. 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 law or regulation.
2. No Discharge Of Harmful Quantity. 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 ofthe pesticide,herbicide or fertilizer to enter the MS4
or waters of the State or the United States.
3. No disposal to MS4.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 State or the United States.
C. Notices
I. Display of Notice. Any person selling pesticides,herbicides or fertilizers at a retail or wholesale
place of business shall post a sign pertaining to the regulation of pesticides, herbicides, and
fertilizers that may be required by State regulation. Such sign,when required by State regulation,
shall also include or have appended to it a statement to the effect that information on the use of
pesticides, herbicides, and fertilizers can be obtained from the Texas Natural Resource
Conservation Commission. Such notice and information shall be prominently displayed at the
place of business where it may be read by purchasers of any pesticide,herbicide,or fertilizer.
III. OQ.S AND MOTOR VEHICLE FLUIDS
A. Control of Discharges of Oil
1. No person shall discharge oil or motor vehicle fluids into the MS4 or a storm sewer,drainage ditch
or channel, storm water drainage system, storm water conveyance, septic tank, sanitary sewer,
surface water,groundwater,or watercourse.
2. No person shall apply used oil to a road or land for dust suppression,weed abatement or other
similar purpose in a way or manner that introduces or is likely to introduce used oil into a storm
water conveyance or the MS4.
B. Notice Of Oil Collection.
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1. A retail dealer who annually sells directly to the public more than 550 gallons of motor oil shall
post in compliance with State regulation a sign informing the public about recycling of used oil
and used oil filters and that improper disposal of used oil is prohibited by law. The sign shall
prominently display the toll-free telephone number of the TNRCC Used Oil Recycling Program.
Such notice shall be prominently displayed at the place of business where it may be read by
purchasers of motor oil.
IV. SPILL REPORTING AND CLEANUP
A. City Fire Department Reporting Requirement
I. Reportable Spill bzcident.The person who operates or is in charge of any facility,vehicle or other
source of any spilling, leaking, pumping. pouring, emitting, emptyin& discharging, escaping,
leaching,dumping,disposing of or other releasing of any reportable substance that may flow,
leach,enter or otherwise be introduced into the MS4 or waters of the State or United States,shall
immediately make an incident report by notifying the City Fire Department concerning the
incident.
2. Reporting Requirement.A reportable substance requiring a spill incident report is any one or more
of the following:
a. An amount equal to or in excess of a reportable quantity of any hazardous substance, as
established under 40 CFR Part 302;
b. An amount equal to or in excess of a reportable quantity of any extremely hazardous
substance, as established under 40 CFR Part 355;
c. An amount of oil that either(a)violates applicable waxer quality standards, or(b) causes a
film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or
causes a sludge or emulsion to be deposited beneath the surface of the water or upon an
adjoining shoreline; or
d. Any harmful quantity of any pollutant.
B. Reportable Spill Incident Procedures.
1. Immediate Verbal Notification. A person becoming aware of a reportable spill shall, unless
verbal notification has previously been made,immediately make verbal notification of such spill
to the City Fire Department, such notification to report the following information to the extent
such information is known at the time of notification:
a_ The identity or chemical name of the substance released and whether the
substance is a hazardous or extremely hazardous substance;
b. The exact location of the release including any known name of the waters
involved or threatened and any other environmental media affected;
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c. The time and duration(at the time of notification)of the release;
d. An estimate of the quantity and concentration of the substance released;
e. The source of the release;
f Any known or anticipated health risks associated with the release and, where appropriate,
information regarding medical attention that may be necessary for exposed individuals;
g. Any precautions that should be taken as a result of the release;
h. Any steps that have been taken to contain or clean up the released material and minimize its
inpacts;and
i. The names and telephone numbers of the person or persons to be contacted for further
information.
2. Written Report. Within fifteea (15) calendar days following a reportable spill incident, the
responsible person in charge of the facility, vehicle or other source of the release shall, unless
waiver is provided by the City Engineer,submit a written report containing each of the items of
information required for verbal notification as well as the following additional information
a. The ultimate duration,concentration and quantity of the release;
b. All actions taken to respond to, contain and clean up the released substances and all
precautions taken to minimize the impacts;
c. Any known or anticipated acute or chronic health risks associated with the release;
d. Where appropriate, information regarding medical attention necessary for exposed
individuals;
e. The identity of any governmental or private sector representatives responding to the release;
f. The measures taken or to be taken by the responsible person(s)to prevent similar future
occurrences;and
g. Other information the City Engineer,the Chief of Police,the Chief of the Fire Department or
their representative may request.
C Liability
1. No Limitation ofDability.The notifications required for a reportable incident shall not relieve the
responsible person of any expense, loss, damage or other liability which may be incurred as a
result of the release,including any liability for damage to the City,to natural resources or to any
other person or property, nor shall such notification relieve the responsible person of any fine,
penalty or other liability which may be imposed pursuant to this Ordinance or to state or federal
law;nor shall notification relieve the responsible person from complying with any and all state,
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federal or other local law or regulation requiring reporting, cleanup,containment and any other
appropriate remedial action in response to the release.
2. Reimbursement.Any person responsible for a reportable spill shall reimburse the City for any cost
incurred by the City in responding to the spill as prescribed in Addendum A.
V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
A. General Provisions
1. Construction Violation. Construction not initiated,conducted or terminated in accord with the
requirements of this Ordinance shall be a violation of this Ordinance.
2 Initiation And Termination Of Construction Construction not initiated or terminated within the
time frame authorized by the City Engineer by notice,permit or license when such authorization
is required by this Ordinance shall be a violation of this Ordinance.
3. Time Limits For Grading. It shall be a violation of this Ordinance to not comply with
requirements for timely application for a Grading Permit,requirements for a Grading Plan,and
a Notice of Termination of Grading(NOTG).
4. Use Of Best Management Practices. Any and all operators of a construction site and any and all
other persons undertaking construction activities as a contractor or subcontractor at a construction
site shall use best management practices to control, reduce and prevent,to the maximum extent
practicable,the discharge of pollutants to the MS4 and waters of the United States from activities
conducted by said operator,contractor or subcontractor,such pollutants to include but not limited
to: sue,silt,earth,sod,dirt, sand and gravel; lime, liquids,solids and semi-solids used for
soil treatment,preparation or amendment;concrete,slurries,grout,tar and asphalt;construction
vehicle cleaning and wash waters;construction vehicle maintenance fluids such as hydraulic fluids,
lubricants,fuels,brake fluids and coolants;hazardous or extremely hazardous materials;materials
resulting from repair, renovation or demolition such as concrete, reinforcing bar, steel,wire,tar
paper,roofing materials,sheet rock,plaster,wood,cellar dirt and carpeting;residual and surplus
construction materials; paint, paint thinner, paint equipment cleaner and wastewater from the
cleaning of painting equipment and supplies; waste construction material packaging and
containers;and construction trash,debris and waste.
S. Remedy.The City may require remedy by the operator of a construction site of the conditions of
the construction site if the condition or the operation of the site by the operator of the construction
site is such as to cause, have caused or is likely to continue to cause imminent harm or
endangerment to the public or the environment. The cost of such remedy shall be borne by the
operator of the construction site.
6. Stop Work Order(SWO).
a. Whenever the City Engineer determines that the operation of a construction site has violated
or continues to violate any provision of this Ordinance,or any order issued thereunder,as it
may pertain to the operation of the construction site,the City Engineer may order that a SWO
be issued. Causes for issuance of a Stop Work Order(SWO) include but are not limited to:
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i. Noncompliance with requirements for notice, permit, plan or license for construction
required by this Ordinance;
ii. Noncompliance with requirements for closure of a construction site;
iii. Conducting construction in a manner that fails to control to the maximum extent
practicable the discharge of sediments and other pollutants from the construction site;or
iv. Conducting construction in a manner which the City Engineer determines to cause or have
the potential to cause a significant discharge of sediments or other pollutants to the MS4
or waters of the United States.
b. When a SWO is issued, it shall be issued to the operator of the construction site for which
construction is to stop, be posted at the construction site and distributed to all City
departments and divisions whose decisions affect any activity at the construction site.
c. Unless express written exception is made by the City Engineer,the SWO shall prohibit any
and all fiather construction activity at the construction site, and shall bar any further
inspection or approval by the City of any work associated with a building permit,grading
permit or any other City approval necessary to commence or continue construction or to
as==occupancy at the site.
d. Issuance of a SWO shall not be a bar against,or a prerequisite for,taking any other action
agdiast the construction site operator.
B. Construction Site
1. Definition Of Construction Site. A construction site is the location and all the areas wherein
construction activity, which is all or part of a common development or project, are occurring,
proposed to occur or have occurred,irrespective of whetherthat construction is in compliance with
this Ordinance, irrespective of whether that construction activity is ongoing or temporarily
suspended for any purpose and irrespective ofwhether the City Engineer has granted authorization
to undertake the construction activity.
2. Construction Site Boundary. The boundary of a construction site shall encompass all land and
surface water areas where construction activities of any type, including all areas of land surface
disturbed by or as a consequence of the construction activities or other activities in support of the
construction activities,are undertaken as part of a common development or project.
3. Staged Construction. The construction site shall encompass all areas of land to be disturbed by
construction of a common development or project, irrespective of whether such construction is
undertaken or planned to be undertaken in one phase or stage or different phases or stages and
irrespective of whether such construction is undertaken or planned to be undertaken at different,
separate or simultaneous times.
4. Boundaries Of Disturbance. The boundary of the construction site shall include all areas of land
where the land is to be disturbed by construction of a common development or project,irrespective
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of whether undertaken at contiguous or separate locations within the general area encompassed
by the common development or project,provided such boundary lies on or is within the boundary
of property collectively owned or leased by one or more parties undertaking any or all of the
construction activities.
5. Active And Inactive Construction. The construction site shall encompass all areas of ongoing,
temporarily suspended,Yet-to-be undertaken and canpleted construction encompassing the totality
of the construction activities, irrespective of whether any or all the construction activities are in
compliance with this Ordinance.
6. City Engineer Definition Of Boundary. The City Engineer shall have the right to redefine, for
purposes of compliance with this Ordinance, the boundary of a construction site in extent and
amount necessary and sufficient in the judgment of the City Engineer to prevent the actual or
potential discharge of pollutants from the construction site to the MS4 or waters of the United
States to the maximum extent practicable,provided the boundary so defined lies on or within the
boundary of property collectively owned or leased by one or more operators undertaking any or
all of the construction activities at the construction site.
7. Cessation of Site. A construction site shall, for the purposes of this Ordinance, cease to be a
construction site only at such time that all requirements for closure of the construction site as
specified by this Ordinance have been accomplished
C. Operators,Owners And Applicants For Construction Activities
1. Operator. A construction operator,as defined by and for the purposes of this Ordinance,is the
person or persons who, individually or collectively, own or lease the property upon which the
construction activity is proposed to, or does, take place; has legal, financial, and operational
control over construction specifications (including the ability to make modifications in
specifications);has control over activities at the construction site sufficient to ensure compliance
with applicable requirements of this Ordinance either directly, by delegation, by authorized
representative or by contract;and has the authority for undertaking or directing the undertaking
of any or all construction activities at a construction site in accord with plans and specifications.
2. Previous Owner or Leasee. In the event of a past partially completed or completed construction
activity,the operator is the person or persons who individually or collectively owned or leased the
property upon which that construction activity occurred during all or part of the time the
construction activity took place and during all or part of that time assumed all or some
responsibilities of an operator of a construction site.
I Operator Responsibility.A construction operator shall be fully responsible for compliance with
all requirements of this Ordinance for construction activities,as may be applicable to the type of
construction activities being conducted,proposed to be conducted or that have been conducted by
the operator at a construction site,including but not limited to making application for a Grading
Permit,preparing a Grading Plan,performing closure of the construction site,and filing a Notice
of Termination of Grading.
4. Assurance of Compliance. An operator of a construction site shall ensure that all contractors
under his control or direction,by force of verbal or written word,contract,plan or specification,
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comply to the requirements of this Ordinance as it may apply to the construction site. Such
operator shall be liable for noncompliance to the requirements of this Ordinance by any or all
construction contractors and subcontractors conducting work at the construction site.
5. Change In Operator. In the event that the operator of the construction site changes,all or in part,
any and all Grading Permits, Grading Plans and Notices of Termination of Grading for
construction yet to be completed must name the new and continuing operators.Existing documents
shall be amended,as necessary,to reflect the new and continuing operators'names.Any permits,
Plans,or notices that have been issued or approved by the City for the construction to the original
owner(s)must be reissued or re-approved,as appropriate,with the name(s)of the new operator(s)
in the same manner as the original operator,such reissuance or re-approval being obtained no later
than two working(2)days after such change and after payment of fees required by Addendum A.
6. Applicant.For the purpose of any applications for constluc don activities that may be required by
this Ordinance,an applicant is the person or persons making such application and is:
a. An owner of the property upon which construction is proposed or is taking place;or
b. A lessee if the leasee undertakes development of the property under the terms of the lease.
7. Division Of Responsibility.In the event the operator of a construction site is more than one legal
entity, the City Engineer may, but is not required to, define those areas or sub areas of a
construction site or those construction activities at a construction site for which each entity shall
be considered responsible and held liable for complying to this Ordinance.
8. Responsibility Of Others.Any contractor or subcontractor on a site of construction activity who
is not an owner or operator,but who is responsible under a contract,subcontract or other legally
binding agreement for implementing a best management practices control measure or performing
necessary activities for closure of a site, is jointly and severally responsible for any willful or
negligent failure on his or her part to adequately implement such control measure and perform
such closure activities, if such failure could cause or contribute to,or be reasonably expected to
cause or contribute to, a significant discharge of pollutants to the MS4 or waters of the United
States.
9. Joint And Several Liability. Any operator of a construction site who has obtained or is required
to obtain a permit or license from or provide notice to the City Engineer for conduct of any type
of construction at a construction site shall,with all other such operators of the same construction
site, be jointly and severally liable for initiating, conducting and completing construction at a
construction site in conformance with the requirements of this Ordinance.
D. Types Of Construction Activities
1. Grading Activities
a. Grading Activities Defined. Grading activities are those activities which result in exposure
of raw soil on a temporary or permanent basis and may include,but are not necessarily limited
to, one or more of the following activities or practices when such activities or practices are
done for the purpose(s)of smoothing, clearing, removing trees and vegetation, configuring
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or shaping the land surface or subsurface; modifying drainage, drainage patterns,drainage
conveyances or drainage facilities;removing,destroying or demolishing existing structures,
surfaces or facilities;preparing the land for construction of roads,highways,curbs,gutters,
drainage devices,vehicle parkng,buildings,structures,walls,roofs,floors,pads,foundations,
tanks, basements, pipes or utilities; or providing support to any and all activities on a
construction site described in this paragraph and its subparagraphs:
i. Clearing, including but not limited to removal, cutback, thinning, cutting, chopping,
hogging,ripping,scarifying,digging,burying,burning,destroying or other action which
has the effect of removing or lessening the amount,number,thickness,density or extent
of trees,grass,shrubs,plants or other vegetation in either a growing or dormant state;
ii. Knowing application of chemicals to or beneath the land, or on the surfaces of
vegetation, which has effect of harming, stunting the growth, killing or otherwise
removing or lessening the amount,number,thickness,density or extent of trees,grass,
shrubs, plants or other vegetation in a growing or dormant state, for the purpose of
clearing vegetation,unless such application is for the sole purpose of control of weeds or
similar undesirable plants or vines,or is done under City,state or federal permit or license
for the purpose of controlling weeds or undesirable plants or vines,killing pests,rodents,
bugs or insects,or eradicating disease,fungus,mildew or other biological threats to the
viability of plants or other vegetation;
iii. Grading, including but not limited to moving, leveling, digging, dredging, excavating,
filling, bacldilling, shifting, carrying, overturning, scraping, plowing, smoothing,
compressing, shaping, piling or otherwise disturbing soil, rock, boulders,gravel, sand,
clay,silt, peat,organic soil,dead vegetation,any natural aggregate of mineral grains that
can be either separated by mechanical agitation or are bound together by cohesive forces,
or any combination of such materials;
iv. Demolition of pavement, conveyances, and other appurtenances, including but not
limited to tearing down,tearing apart,ripping apart,knocking down,pulling up,razing,
or other similar complete or partial destruction of pavement, base material, sub-base
material, filter fabric, filter blankets, sidewalks, walkways, streets, roads, highways,
bikeways, curbs, gutters, concrete or asphalt lining or paving of channels or canals,
vehicle parking lots or parking area surfaces,man-hardened surfaces,concrete or asphalt
mechanical equipment or building pads or other man-made surfaces;
v. Demolition ofstructures and facilities,including but not limited to tearing down,tearing
apart,ripping apart,knocking down,pulling up,digging up,or other similar complete or
partial destruction of buildings, basements, sheds, barns, outhouses, walls, roofs,
underground or aboveground tanks, utility service structures, towers, pipes, sewers,
culverts,sumps,wet wells,bridges,trestles,overpasses,truck docks,ramps,underpasses,
boat docks,wharves or any other man-made structure; and
vi Disposal,including but not limited to removing,collecting,dispersing,spreading,piling,
shifting, lifting, pushing, carrying, hauling, dumping or otherwise moving of waste,
residual materials, spoil, recyclable materials or byproducts from clearing, grading or
demolition, including but not limited to concrete, cement, brick, asphalt, rock, stone,
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wood, metal,glass,paper or paper products, cardboard, tar paper,trash, dead or dying
vegetation or debris resulting from clearing,grading or demolition.
b. City Engineer Can Define Grading. The City Engineer may define,for the purposes of this
Ordinance,any activity or practice that is similar to,in support of,or associated with grading
as a grading acclivity.
2. Closure Activities and Final Stabilization
a. Closure Activities. Activities at a construction site done for the purpose of closure of a
construction site in conformance with the requirements ofthis Ordinance are closure activities,
irrespective of whether such activities are construction activities.
b. Completion of Closure Activities. Construction activities at a site, for the purposes of this
Ordinance,shall not be complete at a construction site until proper closure of the site has been
accomplished. Until such time proper closure has been achieved, the operator of the
construction site is subject to all applicable requirements for conduct and completion of
construction activities at the construction site. Any operator of a construction site shall
complete all construction activities at a construction site in compliance with the requirements
of this Ordinance for proper closure.
C. Proper Closure.Proper closure includes but is not limited to the following:
i. Final stabilization of the site;
ii. Removal of all construction surplus and residual materials,supplies,building materials,
packaging,drums,cans and containers;
iii. Removal of all surplus and residual soaps,cleaners,pastes,mastics,solvents,materials
for soil amendment or preparation and similar construction materials;
iv. Removal of all excess, surplus and unused construction vehicle maintenance fluids,
including lubricants, fuels, brake fluids and coolants;
v. Removal of all wastes,trash and debris;
vi. Removal of any waste bins, enclosures, drums or similar containers which are not
intended to serve as permanent waste storage containers at the site;
vii. Removal of all temporary storm water pollution control devices,structures and materials;
viii. If not identified for removal in City approved plans or specifications for the site, and to
the extent a construction operator or the construction operator's activities are responsible
for the damage or loss of function or capacity of storm water conveyances and
appurtenances:
1). Repair or replacement of damaged storm water conveyances and appurtenances;
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2). Repair or replacement of damaged drainage works and facilities;and
3). Restoration of proper function and capacity of storm water conveyances.
d. Inactive Construction Site. A construction site for which active and ongoing on-site
construction activities have ceased for a period of fourteen(14)or more continuous calendar
days and for which necessary and proper closure actions as required by this Ordinance have
not been conducted,shall be considered in violation of this Ordinance,unless the construction
site operator has submitted a NOTG for the site,or it is demonstrated to the satisfaction of
the City Engineer that.
i. Such lack of active and ongoing on-site construction activity is a result of only temporary
suspension of construction activities;and
ii. Site conditions are and will be maintained in a condition satisfactory to prevent the
discharge of pollutants to the MS4 or waters of the United States to the maximum extent
possible during the period of temporary suspension of construction activities or until a
NOTG is submitted and approved.
E. General Requirements For Construction Activities
1. Conduct of Construction
a. Any and all construction at a construction site shall be conducted in a manner so as to reduce
to the maximum extent practicable the discharge of sediments and other pollutants from the
construction site. No construction shall take place in a manner that the City Engineer
determines to cause or have the potential to cause a significant discharge of sediments or other
pollutants to the MS4 or waters of the United States.
b. An operator of a construction site shall maintain on-site and make available for inspection by
the City Engineer any notice,permit or license for construction and any pollution control plan
that may be required by this Ordinance or other state or federal regulation.
c. Application for a Grading Permit shall be submitted to the City Engineer at least two (2)
working days prior to beginning construction activities of any type, including clearing and
leveling activities,for any construction site for which grading activities at the site will disturb
in total four-hundred-fifty(450)or more square feet of land surface area.
d. A Grading Permit issued by the City Engineer prior to start of construction activities of any
type shall be obtained for any construction site for which grading at the site will disturb in
total four-hundred-fifty(450)or more square feet of land surface area.
e. A Grading Plan shall be submitted to the City Engineer and approved by the City Engineer
prior to commencement of any grading at a construction site for which a Grading Permit is
required.
f A Notice of Termination of Grading(NOTG) shall be submitted to the City Engineer prior
to final completion of construction activities for any construction site for which a Grading
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Permit was required.
2. 90-Day Record Retention. All notices of construction;all permits,licenses and authorizations for
construction;all pollution prevention plans;all records of inspection(s)done by an operator for
the purpose of pollution prevention;all notices of completion or termination of construction;and
all amendments to such notices,permits,licenses,plans and records that may be required by this
Ordinance or other state or federal permit for discharges of storm waters from the construction
site shall be retained by the construction operator on site during the course of construction
activities and at the operator's place of business after completion of construction activities a
minimum of ninety(90) calendar days after termination of the construction activities or, if an
NOTG is required for the site,after final acceptance by the City Engineer of the NOTG for the
site.
I Requirements For Any Size of Construction Site. The City Engineer may require that a
construction ruction site of any size conform to any and all conditions of this Ordinance for construction
activities if the City Engineer determines that such requirements are necessary to prevent a
significant discharge of pollutants to the City's MS4 or waters of the United States or are
necessary because of imminent harm or endangerment to the public or the environment.
F. Grading Permit And Grading Permit Application
1. General Provisions
a. A grading permit,when required,shall be obtained prior to the start of any grading activity
at a construction site by application to the City Engineer by the operator of the construction
site at which grading occurs or is proposed,such application providing such information the
City Engineer may require.
b. A Grading Permit authorizes a construction operator to conduct grading activities. Obtaining
a grading permit does not relieve an operator of complying to any and all applicable
requirements of this Ordinance exclusive of those dealing with grading.
c. Application for a Grading Permit shall require the submission of a Grading Plan to the City
Engineer for review, such plan providing information the City Engineer shall deem as
adequate and necessary to judge the sufficiency of the plan,when implemented, to reduce to
the maximum extent practicable the discharge of pollutants from the grading site.
d. A Grading Plan shall be submitted in form and time satisfactory to the City Engineer;but in
no case after the issuance of a Grading Permit.
e. If for any reason the Grading Permit is suspended, revoked, terminated or voided, grading
shall immediately cease.
2. Grading Permit
a. A Grading Permit shall not be issued to an applicant for the Grading Permit if the operator
of the construction site is in violation of any provision of this Ordinance.
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b. The Grading Permit must be obtained from the City Engineer at least two(2)working days
prior to commencement of grading. Only that grading which is described in the Grading
Permit can be undertaken.
c. The Grading Permit shall be posted at the grading site.
d. No grading can take place prior to the date of commencement of grading specified in the
Grading Permit.
e. No grading can take place after the termination of the period of grading authorized by the
Grading Permit.
f. Grading must be started no later than thirty (30) calendar days after the date of
commoxcment of grading specified m the Grading Permit. If grading is not started within
said thirty(30)calendar days,the Grading Permit shall become void.
g. Application for a change in the date of commencement of grading specified in a Grading
Permit must be made at least two(2)working days prior to the date of the proposed change.
h. Application for an extension in the date of termination of grading specified in a Grading
Permit nmust be made at least two(2)working days prior to the date of the originally specified
termination date or latest previously approved date of extension.
3. Elements of Grading Permit. The Grading Permit application shall include but be not limited to
the following:
a. Address or other description of location of the grading site;
b. Name and address of the construction site operator, either property owner or leasee,and name
and address of general construction contractor, if diffierent from property owner or leasee.
c. Name, address and business telephone number of the construction site operator's on-site
representative;
d. Earliest date of commencement of grading activity;
c. Proposed dates of termination of grading activity, completion of final stabilization activities
and closure of the site;
f. Practices to be employed for site stabilization during the course of the construction.
g. A site plan identifying land areas to be graded and types of grading Proposed, with
identification of those areas which will, after completion of all construction activity, be
pervious and impervious.
h. Description of means by which the site is to be stabilized during suspension of grading
activities for periods of fourteen(14)or more days and permanently stabilized by the time of
completion of construction activities;
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i. Any other information the City Engineer may deem necessary,whether or not required of any
other operator making application for a grading permit,and
j. Certification by the applicant for the Grading Permit that the information provided on the
Grading Permit application is true and accurate.
4. Amendment To Grading Permit
a. Application for amendment to a grading permit can be made at any time two (2) or less
working days prior to the time identified in the Grading Permit for completion of grading
activities,provided the person malting application is not in violation of this Ordinance.
b. An application for amendment shall be provided in form and format as may be acceptable to
the City Engineer.
c. If the application for amendment to a Grading Permit requires a change in the Grading Plan
in order for the Grading Plan to remain true and accurate should grading be undertaken in
conformance with the amendment, an appropriately modified Grading Plan shall also be
provided at the time of application for amendment to the City Engineer.
5. Late Filing of Amy To A Grading Permit
a Late Filing Defined.If application for amendment to a Grading Permit is made less than two
(2) working days prior to the time for which the activities or conditions described by the
armed are to occur, exist or come about, and such activities or conditions are not
authorized by the Grading Permit prior to application for amendment,the application shall be
deemed to be a Late Filing of Grading Permit Amendment.
b. Late Filing Requirements. A Late Filing of Grading Permit Amendment shall meet all the
same conditions and requirements as application submitted more than two(2)working days
prior to the time for which the activities or conditions described by the amendment are to
occur,exist or come about,and include other such information the City Engineer may require.
c. City Engineer Approval.Grading to be undertaken in accord with a Late Filing of a Grading
Permit Amendment shall not be undertaken until such amendment is approved by the City
Engineer.
d No Relief from Other Actions. Approval by the City Engineer of a Late Filing of Grading
Amendment or payment of any fees for such late filing shall not relieve the applicant from any
or all administrative enforcement remedies, judicial enforcement remedies, enforcement
actions or other remedies allowed by this Ordinance.
6. Exemptions.Exemption from requirements for a Grading Permit and Grading Plan shall apply for
the following situations or conditions:
a. Residential Maintenance. The grading activity is undertaken at a single or multiple family
residential property site for the sole purpose of maintenance of the residential property site;
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b. Emergency Action.The City Engineer determines the grading is necessary on an emergency
basis because of imminent harm or endangerment to the public or environment,in which case
the grading may be continued only so long as such imminent harm or endangerment or threat
of harm or endangerment exists;
c. Waiver.The City Engineer may provide a waiver to the requirement for a grading permit upon
the request of the operator seeking such waiver. The waiver is to be provided only if the
grading for which waiver is sought is demonstrated to the satisfaction of the City Engineer to
meet all of the following conditions:
i. The required demonstration is provided in a form satisfactory to the City Engineer,
ii. Will not contribute to a violation of this Ordinance or any permit or license the City may
hold to discharge storm water;
iii. The grading activity is of such size, extent,magnitude or location as to neither allow,
cause or have potential to cause a significant discharge of sediments or other pollutants
to the MS4 or waters of the United States;
iv. There is a compelling public interest for issuance of a waiver,
v. It is in the general interest of the health and safety of people in the City or protection of
the environment that such waiver be provided,such interest not to be based upon cost or
economic considerations as they may apply to or affect the operator seeking waiver of
p and
vi. Other such conditions the City Engineer may deem necessary to ensure that significant
discharge of sediments and other pollutants does not occur.
G. Notice of Termination of Grading (NOTG)
1. General Provisions
a. A Notice of Termination of Grading (NOTG) shall be submitted by the operator at the
completion of construction for any site for which a Grading Permit is required or issued.
b. No grading activities can take place at a grading site identified in a Grading Permit after a
NOTG is submitted to the City Engineer for the grading site, unless the Grading Permit is
amended or application for another Grading Permit is made.
c. The information contained in the NOTG shall be in form as the City Engineer may specify.
2. Contents Of NOTG. When a NOTG is submitted for notice of termination of grading at a
construction site,the following shall be submitted with the NOTG:
a. A description of the means, methods and extent of final stabilization of the grading site,
30
including a summary of any actions, procedures or practices that the construction operator
proposes to perform or be performed by agreement with others after issuance of the NOTG;
any other information the City Engineer may deem necessary,whether or not required of all
construction operators;and
b. Certification by the operator of the grading site that the site has been stabilized or that
arrangement for stabilization has been accomplished in conformity with a grading plan
approved by the City Engineer.
3. Application Deadline.An NOTG must be submitted by the operator of a grading site no later than
fourteen(14)calendar days after the date for termination of grading given in the Grading Permit.
4. No Early Submittal OfNOTG.A NOTG shall not be submitted for a site with grading until such
time that grading activities have been completed and final stabilization in accord with the Grading
Plan has been achieved
S. Amendment to NOTG
a No-Penalty Filing ofAmendment.Amendment to a NOTG can be made without penalty by
filing application of an amended NOTG at least two(2)working days prior to the date of
termination of grading activity specified in the NOTG.
b. Penalty For Late Filing ofAmendment. If amendment to a NOTG is filed less than two(2)
working days prior to the date of termination of grading activity specified in the NOTG,such
amendment may be rgected or require reasonable additional fee as may be established by the
City Engineer.
H. Acceptance, Conditional Acceptance Or Rejection Of A NOTG
1. Types OfAcceptance OfNOTG. Upon submission of a NOTG,the City Engineer may issue an
acceptance,conditional acceptance or rejection of the NOTG. The City Engineer will confirm all
acceptances,conditional acceptances or rejections in writing.
2. Acceptance By Default. If no action is taken by the City Engineer within fourteen(14)calendar
days of submission for the NOTG for a construction site,the City Engineer shall be presumed to
have accepted the NOTG, except in the event that such submission was not done in accordance
with this Ordinance,the information contained in the NOTG was false or incomplete or the person
submitting the NOTG was in violation of this Ordinance.
3. Review. The City Engineer can make such review of plans,specifications,pollution control plans,
grading plans,site related documents,city records,construction records and site inspections the
City Engineer may deem necessary or desirable in determining whether to issue an acceptance,
conditional acceptance or rejection of a submitted NOTG.
4. ReliefProvfded By Acceptance. Acceptance by the City Engineer of a NOTG for a grading site
relieves the operator of any further site stabilization requirements for purposes of this Ordinance,
unless a conditional acceptance is issued,in which case the operator is relieved of any further site
stabilization only at such time that the City Engineer shall determine that the conditions of the
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conditional NOTG have been fully met and completely satisfied.
a. Acceptance OfNOTG. The City Engineer shall issue an Acceptance of an NOTG by written
communication or default (without written communication) when the City Engineer is
satisfied that:
L Conditions for closure have been met;
ii. The site has been adequately stabilized or adequate provision for final stabilization ofthe
site has been accomplished;
iii. The person submitting the NOTG is not in violation of this Ordinance;
iv. The submission ofthe NOTG has been made in a timely fashion to the City Engineer,and
v. All other conditions that the City Engineer may specify have been met.
b. Conditional Acceptance.The City Engineer may issue a conditional acceptance ofthe NOTG
if the City Engineer determines there is reasonable expectation that the applicant will meet the
conditions specified for conditional acceptance and,by doing so,will meet all conditions for
acceptance of the NOTG.
i. Requirements For Conditional Acceptance. The City Engineer may require bond,
contract,warranty or other assurance of the operator or other parties that the conditions
ofthe conditional acceptance will be satisfiod in a manner acceptable to the City Engineer.
Conditions for which the City Engineer may issue a conditional acceptance include but
are not limited to the following:
1). Final stabilization of the construction site is not complete, but is progressing
satisfactorily and can be reasonably expected to reach a satisfactory level of complete
stabilization without further action on the part of the operator;
2). Adequate provision has been made by the operator to ensure that satisfactory
stabilization will be accomplished by others;
3). Deficiencies in meeting closure requirements will be remedied by others;or
4). Site conditions are such as to not warrant further stabilization activities at the current
time but would warrant further stabilization in the fixture if site conditions were to
change.
ii Final Acceptance Of Conditional Acceptance. When the conditions for a conditional
acceptance of a NOTG have been met to the satisfaction of the City Engineer,the City
Engineer shall issue a final acceptance of the NOTG. The operator receiving the
conditional acceptance shall make application to the City Engineer in a manner specified
by the City Engineer to receive the final acceptance of the NOTG. Means by which the
operator can demonstrate satisfaction of the terms of the conditional acceptance include
but are not limited to the following:
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1). All mandatory deadlines for inspection by the City Engineer of the areas of the
construction site for which the conditions established in the conditional acceptance
have passed,
2). The operator submits a certification to the City Engineer that the conditions of the
conditional acceptance have been met,the operator requests in writing to the City
Engineer that such certification be accepted and the City notifies the operator that the
request for such acceptance of such certification is accepted,or
3). The operator submits a certification to the City Engineer that the conditions of the
conditional acceptance have been met,the operator requests in writing to the City
Engineer that such certification be accepted and the City does not notify the operator
within thirty(30)calendar days of receipt of such written request that the request for
such acceptance of such certification is accepted or denied.
iii. Responsibility For Compliance To Conditional Acceptance.When a conditional NOTG
is issued for a site,the operator to whom the conditional acceptance is issued shall be
response for meeting the conditions of the conditional acceptance.The operator of the
site can be required to undertake further measures to remedy a significant release of
sediments or other pollutants, even if not specified as a condition of the conditional
acceptance, in the event that conditions occur during the period when the conditional
acceptance is in effect that allow significant discharge of sediments or other pollutants to
the MS4 or waters of the United States and such significant discharges are the result of
action or inaction of the operator.
c. Rejection OfNOTG. The City Engineer may reject an application for issuance of a NOTG
if in City Engineer determines conditions for issuance of acceptance of the NOTG are not
satisfied.
i. Any rejection of a NOTG shall include notice to the operator receiving the rejection,with
the reason for the rejection.
d. Revocation ofNOTG. The City Engineer shall have the right to revoke a NOTG within three
years of issuance if
i. Acceptance is found to have been based upon false or misleading information submitted
by the operator;or,
u. Conditions specified in the conditional acceptance were not met.
I. Pollution Control Activities
1. General Provisions
a. Grading shall be in conformance with the Grading Plan when such Grading Plan is required.
b. Temporary or interim site stabilization during the course of construction shall be utilized to
33
the maximum extent practicable to limit the discharge of sediment during the construction
activities.
2. Construction Storm Water Pollution Prevention Plan(SWP3)
a. For a construction site that is five(5)or more acres and that is required by state or federal
regulation to have an SWP3,the SWP3 shall be prepared in accordance with applicable
state and federal regulation.
b. For a construction site that is one(1)or more acres but less than five(5)acres and that is
required by state or federal regulation to have an SWP3, the SWP3 shall be prepared in
accordance with applicable state and federal regulation.
c. Any storm water pollution prevention plan required by federal or state regulation
shall be retained on site during the course of construction and made available to
inspection by the City upon request. Failure to produce such required storm
water pollution prevention plan shall be grounds for issuance of a SWO.
d. The City Engineer may request and receive in a timely fashion at the time of
or after application for a Grading Permit a copy of any storm water
pollution prevention plan required by federal or state regulation for discharge
of storm waters from a construction site. Failure to provide such requested
pollution control plan with a timeframe specified by the City Engineer shall
be grounds for issuance of a SWO.
e. The City Engineer may require additional information,plans or specifications be provided in
an SWP3 for a construction site if the City Engineer determines such additional information,
plans or specifications are necessary to prevent the discharge of pollutants to the MS4 or
waters of the United States.
3. Grading Plan
a Grading Plan Requirements.A grading plan shall include a description of measures the City
Engineer deems necessary to prevent the discharge of sediments and other pollutants to the
MS4 or waters of the United States to the maximum extent practicable, including but not
limited to,measures to:
i. Ensure that existing vegetation is preserved where feasible and that disturbed portions of
the grading site are stabilized as soon as practicable,but in no case later than fourteen
(14)calendar days,in portions of the site where construction activities have temporarily
or permanently ceased;
ii. Divert flows from exposed soils,or otherwise limit runoff and the discharge of sediments
and other pollutants from the site to the maximum extent practicable;
iu, Nfinimize,to the maximum extent practicable,the traclang of mud,soil,silt or sediments
offsite by vehicles,the generation of dust,and the escape of other windblown waste from
the site;
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iv. Prevent the discharge of building materials,including cement,lime,concrete and mortar,
to the MS4 or waters of the United States;
v. Provide for timely maintenance of vegetation, erosion and sediment control measures,
runoff control devices, and other best management practices to ensure they are kept in
good and effective operating condition;
vi. To prevent the discharge or other release of surplus or unused concrete or concrete truck
wash waters to storm water runoff or conveyances;and
vii. To stockpile loose materials so as to prevent or limit discharge of such stockpiled material
to off-side areas and storm water conveyances.
b. Grading Plan Elements.Any Grading Plan provided to the City Engineer shall be provided
in format and content acceptable to the City Engineer and shall include description of elements
appropriate to the size and potential impact of the grading on the environment,including but
not limited to description of the site,areas to be disturbed,site stabilization during grading,
best management practices to be used to limit sediment runof y and final stabilization.
c. Revisions To Grading Plan
L The Grading Plan shall accurately reflect site conditions and the grading activities
proposed to be undertaken thereon. Revision necessary to maintain an accurate and up-
to-date Grading Plan shall be made in a timely fashion but in no case later than two(2)
working days after the occurrence or existence of conditions or activities necessitating
such revision.
ii. If the conditions or activities described by a Grading Plan revision could be reasonably
expected to result in a increase in the actual or potential discharge of pollutants from the
site,such revision must be approved by the City Engineer prior to implementation of the
proposed revision at least two(2)working days prior to the implementation of activities
described by the revision.
iii. The City Engineer shall have the right to reject any revision to a Grading Plan, even if
such revision has already been implemented by the operator, if the City Engineer
determines that such revision does not accurately reflect conditions or activities insofar
as they pertain to grading activities,or the City Engineer determines that the revision will
not prevent or is not likely to prevent the discharge of pollutants to the MS4 or waters of
the United States to the maximum extent practicable.
iv. The submission of a revision to a Grading Plan shall be in a form acceptable to the City
Engineer.
v. The City Engineer shall have two(2)working days to approve or reject a revision to a
Grading Plan after submittal of a proposed revision in acceptable form to the City
Engineer. If the City Engineer does not issue approval or rejection of the revision within
two(2)working days,the revision shall be assumed to be approved.
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4. Site Stabilization
a Site Stabilization. Interim or temporary site stabilization and other best management
practices shall be employed during the course of construction to stabilize the site to the
maximum extent practicable.Interim or temporary stabilization measures may be used as part
of final stabilization measures
b. Final Stabilization. A construction site with grading shall be permanently and completely
stabilized as part of the closure of the construction site. A site shall be considered completely
stabilized when all land surfaces,including areas of runoff;drainage and drainage pathways
on the site has been made impermeable or resistant to erosion,such resistance to erosion being
accomplished by use of vegetation,modification or control of topography,use of manmade
materials, runoff control, drainage management, or similar means acceptable to the City
J. Exemptions To Requirements For Construction
1. Exemptions Categories. Neither a Grading Permit,a Grading Plan,or a NOTG shall be required
for any of the following activities, unless the City Engineer determines a Grading Permit, a
Grading Plan or a NOTG is necessary to prevent the significant discharge of pollutants to the MS4
or to waters of the State or the United States,irrespective of whether one or more of the following
activities occur:
a. Grading activities do not result in a total area of disturbance exceeding 450 square fleet of
surface areas at the construction site;
b. Grading activities undertaken solely for maintaining or repairing existing storm water
conveyances or appurtenances,flow control devices or drainage structures or facilities;
c. Grading activities undertaken solely for prevention or control of erosion along or deterioration
of an existing storm water conveyance or appurtenance; removal of sediments,trash,debris
or floatables from an existing storm water conveyance or appurtenance; or remediation of
similar conditions detrimental to the functioning of an existing storm water conveyance or
appurtenance;
d. Grading activities undertaken solely for maintenance or-repair of an existing street, road or
highway or associated existing traffic control appurtenances (such as turnouts or medians),
such existing street,road or highway or appurtenances not to include new or widened lanes,
new traffic control appurtenances,existing or new retaining walls or existing or new bridges;
e. Grading activities undertaken for the sole purpose of repair of an existing street, road or
highway or associated appurtenances,culvert or bridge or bridge components when repair is
necessary as a consequence of damage from an accident,vandalism,or similar unforeseeable
cause;
f Grading activities undertaken for the sole purpose of maintenance or repair of existing street,
road,highway, canal, ditch or other storm water conveyance system ;
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g. Cutting, mowing, clipping,trimming or cutback of trees, shrubs, grass, flowers, plants or
other vegetation for ornamental, esthetic or decorative purposes, for the purpose of
maintaining or improving the health or viability of the vegetation; for the purpose of safety
or health of people or for the purpose of complying to other City ordinances;
h. Grading solely associated with or done solely in conjunction with maintenance, control or
preservation of residential vegetation.;
i. Cutting, mowing clipping, trimming or cutback of trees, shrubs, grass, flowers, plants or
other vegetation on public property;right-of-way for streets,along roads and highways;and
in or adjacent to ditches,channels,ponds,lakes,canals or other storm water conveyances if
done for ornamental,esthetic or decorative purposes;for maintenance of flow capacity, for
protection of the physical integrity of structures, buildings,bridges or conveyances; or for
purposes of safety or health of people;
j. Grading activity undertaken for the purpose of maintenance of in-use residential property or
adjoining grounds and surface waters if done for ornaincatal,esthetic or decorative purposes;
for the purpose of maintaining or improving the health or viability of the vegetation of such
property or adjoining grounds and surface waters;or for the purpose of safety or health of
people;
k. Grading activity undertaken for the purpose of maintenance of public property and ancillary
facilities if done for ornamental, esthetic or decorative purposes, for the purpose of
maintaining or improving the health or viability of the vegetation on such property or ancillary
facilities;or for the purpose of safety or health of people;and
1. Grading activity undertaken for the purpose of maintenance, modification or operation of
agricultural or livestock property or facilities.
VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL AND COMMERCIAL
ACTIVITY
A. High risk industrial and commercial facilities. High risk industrial, commercial, or combined
industrial and commercial facilities which are or include one or more of the following:
1. Active municipal landfills;
2. Currently operating hazardous waste treatment,disposal,or recovery facilities;
3. Active industrial facilities that are subject to Section 313 of Title III of the Superf ind
Amendments and Reauthorization Act of 1986(SARA)42,USC $ 11023;
4. Active or inactive industrial or commercial facilities that the City Engineer determines are
contributing to, have,or have the potential of having a significant discharge of pollutants to the
MS4; and
5. Active or inactive facilities the City Engineer determines as having significant potential for the
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discharge of toxic,hazardous or extremely hazardous pollutants.
B. Compliance Requirements For Operators of High Risk Facilities.
1. High Risk Industrial Facilities Requiring State or Federal Discharge Permit.The following are
required for high risk facilities required by state or federal regulation to have permit for discharge
of storm waters from industrial activity:
a. Any operator who obtains coverage for any storm water discharge under a state or federal
industrial storm water permit shall submit to the City Engineer a signed copy of any NOI or
similar notification that may be required by such permit at least two(2)working days prior
to the commencement of the industrial activity at the facility. If the industrial activity is
ahvady underway upon the effective date of this Ordinance, the NOI or similar notice
previously submitted to a state or federal agency shall be submitted to the City Engineer
within thirty(30)calendar days of the effective date of this Ordinance.
b. When a facility operator changes,the new operator of the facility shall submit to the City
Engineer a copy of the NOI if an NOI is required by state or federal regulation. Such copy
shall be provided no later than fourteen(14)calendar days after such change.
c. The City Engineer may by written notice require any operator who is required by state or
federal permit to prepare a SWP3 to submit that SWP3 to the City Engineer for review. Such
review may include a site inspection by the City Engineer. Such submittal and review of the
SWP3 may be required by the City Engineer both prior to commencement of or during
industrial or commercial activity at the facility.
d. Upon the City Engineer's review ofa facility's SWP3,the City may deny approval necessary
to commence or continue operation of the facility if the City Engineer determines a discharge
from the facility may occur that would be in violation of this Ordinance or causes or has the
potential to cause a significant discharge of pollutants to the MS4 or waters of the United
States.
e. The operator of a facility required by state or federal regulation to have a SWP3 shall make
a copy of such SWP3 and any modification thereto immediately available to the City Engineer
upon request.
f. When all facility storm water discharges associated with industrial activity that are permitted
or required to be permitted under state or federal regulation are eliminated, or where the
operator of such permitted storm water discharges associated with industrial activity at a
facility changes,the operator of the facility shall submit to the City Engineer a copy of any
Notice of Termination(NOT)that may be required by state or federal regulation.
2. High Risk Industrial Facilities Requiring Monitoring
a. Provide Copy Of Sampling Results. If the industrial facility is required by state or federal
discharge permit to conduct monitoring that requires storm water sampling and analytical
analysis of samples collected,a copy of each discharge monitoring report(DMR)required by
state or federal discharge permits shall be also submitted to the City Engineer, if the City
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Engineer has notified the operator in writing to provide such reports, within ninety (90)
calendar days of such sampling events or within thirty(30)calendar days of submittal of such
monitoring report to a federal or state agency,whichever comes later.
C. Compliance Monitoring
1. Storm Water Sampling Requirements
a. The City Engineer shalt have the right to require a commercial or industrial facility to
conduct storm water sampling for parameters specified by the City Engineer in accord with
protocols and at frequencies the City Engineer may prescribe.
b. The City Engineer may require the discharger to install discharge monitoring equipment as
necessary at the discharger's expense for the purpose of storm water sampling. Such
equipment shall be maintained at all times in a safe and proper operating condition by the
discharger at the dmharger's expense. All devices used to measure storm water flow or
quality shall be caUbrated to ensure their accuracy.
c. The City Engineer may use sampling results previously collected by the facility for purposes
of compliance to state or federal permit in lieu of collection of new sampling data if the City
Engineer determines such data will be sufficient for compliance evaluation.
d. When storm water sampling is required of an industrial or commercial facility by the City
Engineer,the written report of such sampling and sampling results shall be submitted to the
City Engineer m form and manner specified by the City Engineer.
2. Right Of Entry For Inspection And Sampling Purposes
a. The City Engineer shall have the right to enter any industrial or commercial facility
discharging or suspected of discharging storm water to MS4 or to waters of the United States
that is not in compliance with this Ordinance to determine whether or not the discharger is
complying with all requirements of this Ordinance. Such facilities shall allow the City
Engineer ready access to all parts of the premises for the purposes of inspection,sampling,
records examination and copying and for the performance of any additional duties.
Dischargers shall make available to the City Engineer, upon request, any SWP3s,
modifications thereto, self-inspection reports,monitoring records, compliance evaluations,
NOIs and any other records, reports and other documents related to compliance with this
Ordinance or with any state or federal active discharge permit issued to the facility.
b. Where a discharger has security measures in force which require proper identification and
clearance before entry into its preinzes,the discharger shall make necessary arrangements
so that,upon presentation of suitable identification,the City Engineer or the City Engineer's
representative will be permitted to enter without unreasonable delay for the purposes of
performing his or her responsibilities.
a The City Engineer shall have the right to set up monitoring devices on the property of an
industrial or commercial discharger,or require installation of such devices as are necessary
to conduct sampling, metering or other measurement of the facility discharges.
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d. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected or sampled shall be promptly removed by the discharger at the written request of
the City Engineer and shall not be replaced. The costs of clearing such access shall be borne
by the discharger.
e. Unreasonable delays in allowing the City Engineer access to the discharger's premises shall
be a violation of this Ordinance.
D. No Exposure Certification.
1. In lieu of monitoring or copy of SWP3 requested by the City Engineer of an industrial or
commercial facility,the facility operator may submit and the City Engineer may accept a "No
Exposure Certification."
2. A"No Exposure Certification"may be verified by inspection at any time by the City Engineer.
The City Engineer shall have the authority to determine conditions of exposure and no exposure
in all cases. If the City Engineer determines that a previously submitted and currently operative
"No Exposure Certification"is invalid,the person providing such certification shall be in violation
of this Ordinance.
3. A"No Exposure Certificat=7 submitted for consideration by the City Engineer shall be provided
in form prescribed by the City Engineer. If a"No Exposure Certification"is rejected by the City
Engineer,the facility operator shall comply to this Ordinance in the same manner as if no such
certification had been submitted.
4. If facility conditions change so as to cause a"No Exposure Certification"to become invalid,the
facility operator shall notify the City Engineer in writing within fourteen (14) business days.
Notice shall be in form and format specified by the City Engineer. Failure to make such notice
shall be a violation of this ordinance.
E. Search Warrants
1. If the City Engineer has been refused access to any part of the premises from which storm water
is discharged, and the City Engineer has probable cause to suspect that there may be a violation
of this Ordinance,or that there is a need to inspect or sample a discharge as part of an inspection
and sampling program of the City designed to verify compliance with this Ordinance or any order
issued hereunder, or to protect the public health, safety and welfare of the community,then the
City Engineer may seek issuance of a search warrant from a court of competent jurisdiction.
VII. CITIZEN REPORTS OF VIOLATIONS
A. Report By Any Person. Any person shall have the right to report to the City Engineer or an office
designated by the City Engineer, any spill,release,illicit connection or other instance of anyone(as
may be identified by name, title, employing company, legal identity, commonplace name, or other
description)discharging pollutants into the MS4 or waters of the United States,and any other violation
of this Ordinance of which the person becomes aware.
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B. Action Upon Report.The City Engineer or a designated City office shall receive all such reports by
telephone,electronic mail transmission,in writing or in person. A written or electronic record of each
such report will be maintained and kept on file for a period of at least five(5)years by the City,and
a copy of the City's record of the report will be furnished to the reporting person upon request at no
charge. Also upon request,the City Engineer will inform the person making such report of any action
undertaken by the City in response to such report.
VIII. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Warning Notice
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,the City Engineer may serve upon that person
a written Warning Notice specifying the particular violation determined to have occurred and
requesting the violator to immediately investigate the violation and initiate preventive or corrective
actions to stop the conditions causing,contributing to or resulting in the violation.
2. Investigation or resolution of the matter in response to the Warning Notice in no way relieves the
alleged violator of liability for any violations occurring before or after receipt of the Warning
Notice.
3. Nothing in this subsection shall limit the authority of the City Engineer to take any action,
including emergency action or any other enforcement action,prior to issuing a Warning Notice.
B. Notification of Violation(NOV)
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,the City Engineer may serve upon that person
a written NOV. Within ten(10)calendar days of the receipt of such notice,an explanation of the
violation and a plan for the satisfactory correction and prevention of reoccurrence thereof,
including specific required actions,shall be submitted by the alleged violator to the City Engineer.
If the alleged violator denies that any violation occurred or contends that no corrective action is
necessary,an explanation of the basis of any such denial or contention shall be submitted to the
City Engineer within ten(10)calendar days of receipt of the notice.
2. Submission of an explanation or plan in no way relieves the alleged violator of liability for any
violations of this Ordinance or any state or federal regulation occurring before or after receipt of
the NOV.
3. Nothing in this section shall limit the authority of the City Engineer to take any action,including
emergency action or any other enforcement action, without first issuing a NOV.
C. Consent Orders
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1. The City Engineer may enter into Consent Orders, assurances of voluntary compliance,or other
written agreements with any person responsible for noncompliance with any provision in this
Ordinance or any order issued hereunder. Such agreements may include specific action to betaken
by the person to correct the noncompliance within a time period specified by the agreement. Such
agreements shall have the same force and effect as administrative orders issued pursuant to this
Ordinance and shall be judicially enforceable.
D. Show Cause Hearing
1. The City Engineer may order any person who has violated,or continues to violate,any provision
of this Ordinance, or any order issued hereunder,to appear before the City Engineer and show
cause why a proposed enforcement action should not be taken. Notice shall be served on the
alleged violator specifying the time and place for the hearing,the proposed enforcement action,
the reasons for such action and a request that the alleged violator show cause why the pied
action should not be taken. The notice of the hearing shall be served personally or
by registered or certified mail(return receipt requested)at least ten(10)calendar days prior to the
hearing. Such notice may be served on any representative of the alleged violator. The hearing
shall be conducted pursuant to the rights and procedures specified in this Ordinance.
2. A show cause hearing shall not be a bar against, nor prerequisite for, taking any other action
against the alleged violator.
E. Compliance Order
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,the City Engineer may issue a Compliance Order
to the violator directing that the violator come into compliance with this Ordinance within a
specified time limit. Compliance Orders also may contain other requirements to address the
noncompliance, including self-monitoring and implementation of best management practices
designed to minimize the amount of pollutants discharged to the MS4 and waters of the United
States.
2. A Compliance Order may not extend the deadline for compliance established by a state or federal
standard or requirement.
3. A Compliance Order does not relieve a person of liability for any violation, including any
continuing violation.
4. Issuance of a Compliance Order shall not be a bar against,or a prerequisite for,taking any other
action against the violator.
F. Remediation,Abatement And Restoration Orders
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I. When the City Engineer finds that a person has violated,or continues to violate,any provision of
this Ordinance,or any order issued hereunder,and the City Engineer has reasonable evidence to
suspect that such violation has adversely affected the MS4 or the waters of the United States or
has caused a significant discharge ofpoffutants to the MS4 or waters ofthe United States,the City
Engineer may issue a Remediation,Abatement and Restoration Order to the violator directing said
violator to undertake and implement any appropriate action the City Engineer may designate to
remedu to or abate any adverse effects of the violation upon the MS4,and to restore any part of
the MS4 within the City that has been harmed, provided such ordered actions are limited to
actions lying within City boundaries. Such remediation,abatement and restoration actions may
include but shall not be limited to:
a. Monitoring, assessment and evaluation of the adverse effects and determination of the
appropriate remedial,abatement or restoration actions;
b. Cam,removal,cleanup,treatment and disposal of any discharged or released pollution
or won;
c. Prevention,minimization or mitigation of any damage to the public health or the environment
that may result from the violation;and
d. Restoration or replacement of City property or natural resources damaged by the violation.
2. The Remediation,Abatement,and Restoration Order may direct that the remediation,abatement
or restoration be accomplished on a specified compliance schedule and be completed within a
specified period of time.
3. The cost for preparation, implementation, construction and maintenance of any remediation,
abatement or restoration as may be ordered by the City Engineer shall be borne by the person to
whom the City Engineer has issued such order.
4. An order issued under this subsection does not relieve the violator of liability for any violation,
including any continuing violation.
5. Issuance of an order under this subsection shall not be a bar against or a prerequisite for taking
any other action against any responsible party.
G. Emergency Cease And Desist Orders
I. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,or that the person's past violations are likely to
recur,and that the violation(s)has caused or contributed to an actual or threatened discharge to
the MS4 or waters of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the City
Engineer may issue an Emergency Cease and Desist Order to the violator directing said violator
to immediately cease and desist all such violations and directing the violator to:
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a. Immediately comply with all Ordinance requirements;
b. Terminate any discharges which City Engineer determines to present an imminent or
substantial endangerment to persons or to the environment;and
c. Take such appropriate preventive action as may be needed to properly address a continuing
or threatened violation, including immediately halting operations,terminating the discharge
or both.
2. Any person to which an Emergency Cease and Desist Order has been directed,shall,upon receipt
of such Order,immediately take action to stop or eliminate the endangering discharge.In the event
of said person's failure to unnvxhately comply voluntarily with said order,the City Engineer may
take such action(s)as deemed necessary to prevent or minimize harm to the MS4 or waters of the
United States or codangament to persons or to the environment. Such actions may include,but
are not limited to, immediate termination of water supply, sewer connection or other City
municipal utility service provided to said person;any facility owned,leased or operated all or in
part by said person;or any site for which said person is all or in part an owner or leasee.
3. The City Engineer shall allow the person to whom an Emergency Cease and Desist Order has been
issued to recommence discharges when the City Engineer determines that the period of
wdangermeat has passed,unless further termination proceedings are initiated against the person
to whom the order was issued.
4. A person that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a written statement, in a form as may be acceptable to the City
Engineer,describing the causes of the barmfid discharge and the measures taken or to be taken
within a timely fashion to prevent any future occurrence,to the City Engineer within fourteen(14)
calendar days of receipt of the emergency order.
5. Issuance of an Emergency Cease and Desist Order shall not be a bar against or a prerequisite for
taldng any other action against the violator.
IX. RIGHT TO RECONSIDERATION, HEARING AND APPEAL
A. Reconsideration of and Hearing of Petitions
1. Any person subject to a Stop Work Order (SWO); a Compliance Order; a Remediation,
Abatement and Restoration Order, or an Emergency Cease and Desist Order ;nay petition in
writing the City Engineer to reconsider the basis for the order within fourteen(14)calendar days
of the affected person's notice of issuance of such an order.
2. Failure to submit a written Petition for Reconsideration within fourteen(14)calendar days of the
affected person's notice of issuance of such an order shall be deemed to be a waiver of any further
right to administrative reconsideration or review of the order.
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3. In its Petition for Reconsideration,the petitioning party must indicate the provisions of the order
objected to,the reasons for the objection(s),any facts that are untested,the evidence that supports
the petitioner's view of the fads,any alternative terms of an order that the petitioner would accept,
and whether the petitioning party requests a hearing on its petition.
4. The effect of any Compliance Order,any Remedmuon,Abatement and Restoration Order,and any
SWO shall be stayed pending the City Engineer's consideration ofthe Petition for Reconsideration,
and any hearing thereon,unless the City Engineer expressly makes a written determination to the
contrary. The effectiveness of any Emergency Cease and Desist Order shall not be stayed pending
the City Engineer's reconsideration,or any hearing thereon,unless the City Engineer expressly and
in writing stays the Emergency Cease and Desist Order.
5. Within fourteen(14)calendar days of the submittal of a Petition for Reconsideration,the City
Engineer shall either.(1)grant the petition and withdraw or modify the order accordingly(2)deny
the petition, without hearing if no material issue of fad is raised; or(3) if a hearing has been
requested and a material issue of fad has been raised, schedule a Show Cause Hearing on the
petition.
6. Written notice of any hearing set by the City Engineer as a result of a Petition for Reconsideration
shall be served on the petitioning party personally or by registered or certified mad(return receipt
requested)at least ten(10)calendar days prior to the hearing. Such notice may be served on any
authorized representative of the petitioning party.
7. The City Engineer may conduct the hearing and take evidence,or may designate any employee of
the City or any specially-designated attorney or engineer to:
a. Issue in the name of the City notices of hearing requesting the attendance and testimony of
witnesses and the production of evidence relevant to any matter involved in the hearing;
b. Take and gather evidence;and
c. Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the City Engineer for action thereon.
8. At any hearing held pursuant to a Petition for Reconsideration,testimony taken shall be under oath
and recorded. Any party is entitled to legal representation and may present his or her case or
defense by oral or documentary evidence and may conduct such cross-<.. ;ratica as may be
required for a full and true disclosure of the facts. A transcript will be made available to an y party
to the hearing upon payment of the usual charges thereof.
9. After the City Engineer has reviewed the evidence,the City Engineer shall either. (1)grant the
petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The City
Engineer may modify the order giving rise to the Petition for Reconsideration as may be
appropriate based upon the evidence and arguments presented at the hearing and the City
Engineer's action on the petition. Further orders and directives as are necessary and appropriate
may be issued.
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B. Appeal
I. If a discharger or operator is penalized as a result of SWO;a Compliance Order,a Remediation,
Abatement and Restoration Order, or an Emergency Cease and Desist Order,such discharger or
operator may file a written appeal to the Director of Public Works. The appeal must include
evidence proving that the discharger or operator did not violate this Ordinance.The appeal must
be filed within five(5)working days of the discharger or operator receiving the penalty.
2. Failure to submit an appeal within five(5)working days of the discharger or operator receiving
the penalty shall be deemed to be a waiver of further eve review.
X. JUDICIAL ENFORCEMENT REMEDIES
A. Civil Remedies
1. The City may invoke Sections of Texas Local Government Code as identified below in this Section
whenever it appears that a person has violated or continues to violate any provision of this
Ordinance that relates to:
a. The preservation of public safety,as it may be affected by the materials and/or methods
used in construction of any structure or improvement of real property;
b. The preservation of public health or the fire safety of a building or other structure or
improvement;
c. The establishment of criteria for land subdivision or construction of buildings,
including street design;
d. Dangerously damaged or deteriorated structures or improvements;
e. Conditions caused by accumulations of refuse,vegetation or other matter that
creates breeding and living places for insects and rodents;or
f Prohibition of discharges of pollutants into the MS4.
2. The City may invoke Sections 54.011 -54.017 of the Texas Local Government Code and petition
the State distract court or the county court at law of Jefferson County,through the City Attorney,
for either the injunctive relief or the civil penalties specified in this Ordinance, or both the
specified injunctive relief and civil penalties
3. Pursuant to Section 54.016 of the Texas Local Government Code,the City may obtain against the
owner or leasee of a facility a temporary or permanent injunction, as appropriate,that:
a. Prohibits any conduct that violates any provision of this Ordinance that relates
to any matter specified in subparagraphs A.L(a)-(f)above;or
b. Compels the specific performance of any action that is necessary for compliance with any
provision of this Ordinance that relates to any matter specified in subparagraphs A.1.(a)-
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(f)above.
4. Pursuant to Section 54.017 of the Texas Local Government Code,the City may recover a civil
penalty of not more than 51,000 per day for each violation of any provision of this Ordinance that
relates to any matter specified in subparagraph A.1.(a)-(e)above,and a civil penalty of not more
than $5,000 per day for each violation of any provision of this Ordinance that relates to any
matter specified in subparagraph A 10)above,if the City proves that:
a. The defendant was actually notified of the provisions of the Ordinance;and
b. After the defendant received notice of the Ordinance provisions,the defendant
committed ads in violation of the Ordinance or failed to take action necessary
for compliance with the Ordinance.
B. Criminal Penalties
1. Any person who has violated any provision of this Ordinance,or any order issued gander,shall
be strictly liable for such violation and shall, upon conviction,be subject to a fine of not more
than$2,000 per violation,per day.
2. Any person who has knowingly made any false statement, representation or certification in any
application, record, report, plan or other documentation filed or required to be maintained
pursuant to this Ordinance,or any order issued hereunder,or who has falsified,tampered with
or knowingly rendered inaccurate any monitoring device or method required under this Ordinance
shall,upon conviction,be subject to a fine of not more than$2,000 per violation,per day.
C. Determination ofFines.In determining the amount ofany fine imposed hereunder,the court shall take
into account all relevant circumstances,including,but not limited to,the extent of harm caused by the
violation, the magnitude and duration of the violation, any economic benefit gained through the
violation, corrective actions by the violator,the compliance history of the violator, the knowledge,
intent,negligence or other state of mind of the violator,and any other factor as justice requires.
XI. CIVIL SUIT UNDER THE TEXAS WATER CODE
A. Action For Violation of Texas Rater Code. Whenever it appears that a violation or threat of violation
of any provision of Section 26.121 of the Texas Water Code or any rule, permit or order of the
TNRCC has occurred or is occurring within the jurisdiction of the City of Beaumont,exclusive of ifs
extraterritorial jurisdiction, the City, in the same manner as the TNRCC,may have a suit instituted
in a state district court through its City Attorney for injunctive relief or civil penalties or both as
authorized in Subsection(a) of Section 26.123 of the Texas Water Code, against the person who
committed or is committing or threatening to commit the violation. This power is exercised pursuant
to Section 26.124 of the Texas Water Code. In any suit brought by the City under this Ordinance,the
TNRCC is a necessary and indispensable party.
X111. REMEDIES NONEXCLUSIVE
A Nonexclustve Remedies. The remedies provided for in this Ordinance are not exclusive of any other
remedies that the City may have under state or federal law or other City ordinances. The City may
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take any,all,or any combination of these actions against a violator. The City is empowered to take
more than one enforcement action against any violator. These actions may be taken concurrently.
XIII. SUPPLEMENTAL ENFORCEMENT ACTION
A. Performance Bonds
1. The City Engineer may,by written notice,order any owner or leasee of a source of storm water
discharge associated with grading,construction or industrial activity to file a satisfactory bond,
payable to the City, in a sum not to exceed a value determined by the City Engineer to be
necessary to achieve consistent compliance with this Ordinance,any order issued hereunder,or
any grading plan or provision contained therein required by this Ordinance or to achieve final
stabilization or closure of a grading or construction site. The City may deny approval of any
building permit,grading pcnnit,subdivision plat,site development plan or any other City permit
or approval necessary to commence or continue grading,construction,or any industrial activity
at a site,or to assume occupancy,until such a performance bond has been filed.
B. Liability Insurance
1. The City Engineer may,by written notice,order any owner or leasee of a source of storm water
discharge associated with grading,construction or industrial activity to submit proof that it has
obtained liability insurance, or other financial assurance, in an amount not to exceed a value
determined by the City Engineer,that is sufficient to remediate,restore and abate any damage to
the MS4,any waters of the United States receiving discharges from the MS4,or any other aspect
of the environment that is caused by the discharge.
C. Public Nuisances
1. A violation of any provision of this Ordinance,or any order issued hereunder,is hereby declared
a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person
creating a public nuisance shall be subject to the provisions of the City Code governing such
nuisances, including reimbursing the City for any costs incurred in removing, abating or
remedying said nuisance.
XIV. FEES
A. The City may adopt reasonable fees for reimbursement of costs.of implementing this Ordinance,
which costs may include,but not be limited to,the following:
1. Fees for monitoring, inspection and surveillance procedures,including the cost of collecting
and analyzing discharges and reviewing monitoring reports submitted by dischargers;
2. Fees for issuance of permits;
3. Fees for review of notices and plans for grading,construction,termination of grading
termination of construction,and storm water pollution control,irrespective of any acceptance
or rejection of such notices or plans by the City Engineer;
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4. Fees for conduct of site inspections by the City Engineer when requested by an operator or a
site or facility,irrespective of whether such inspection is required by this Ordinance;
S. Fees for site inspection by the City Engineer pursuant to determination of compliance to
conditions of a conditional notice of termination of grading;
6. Fees for responding to spills and releases of oil,hazardous and extremely hazardous
substances,and other pollutants;and
7. Other fees as the City may deem necessary to carry out the requirements contained in this
Ordinance.
B. Fees for matters covered by this Ordinance shall be as prescribed in Addendum A to this Ordinance.
C. The fees described above relate solely to the matters covered by this Ordinance and are separate
from all other fees,fines and penalties chargeable by the City.
XV. MISCELLANEOUS PROVISIONS
A Specification of Times and Days
1. Whey a number of days is specified in this Ordinance for completion of an action or activity by
the City Engineer or a person,the number of such days shall be taken to mean calendar days
unless explicitly identified as working days.
2. Completion of a required activity within a specified number of days shall be presumed to mean
at the close of business for the specified limiting day for activities specified in terms of working
days and to mean at 12:00 midnight for the specified limiting day for activities specified in terms
of calendar days.
3. Nothing in this Ordinance as it may pertain to completion of actions or activities by a person
within a specified number or calendar or working days shall require that the City remain open for
business on days which are not regular working days for the City or that the City shall remain
open for business beyond regular business hours.
B. Severability. If any provision of this Ordinance is invalidated by any court of competent jurisdiction,
the re-raining pro6sions shall not be affected and shall remain in full force znd effect.
C. Supercedence. This Ordinance supercedes and controls other ordinances and sections of other
ordinances in effect at time of adoption of this Ordinance.
D. Effective Date
1. This Ordinance shall be in full force and effect immediately following its passage,approval and
publication,as provided by law.
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CITY OF BEAUMONT WATERSHED PROTECTION ORDINANCE
ADDENDUM A: SCHEDULE OF FEES
Minimum
Amount,$ Incremental Amount,$
for each full
or partial acre
of site in excess of
1 acre
FEE SCHEDULE
BASE AMOUNT: $30
UNIT ACREAGE RATE $60
INDIRECT COSTS RATE 25%
ITEM Description
On-Time Application for Grading Permit(with simultaneous
1 submission of Grading Plan) $30 $60
Filing of Application for Grading Permit Later Than 2
Working Days Prior to Start of Grading But Before Start of
2 Grading $60 $60
3 Filing of Grading Permit After Grading Start of Grading $60 $120
On-Time Amendment to Grading Permit(with no net
4 increase in site acreage) 1/2 of Item#1
On-Time Amendment to Grading Permit(with net increase 1/2 of total of Item
5 in site acreage)-unit rate applies only to increase in acreage #1 $60
for increase in acreage)
6 Late Amendment to Grading Permit Same as total item #1 +25%item#1 cost
7 On-Time Filing of Notice of Termination of Grading No charcie
8 Late Filing of Final Notice of Termination of Grading Same as total item #1 +25% item#1 cost
9 Lifting of Stop Work Order 1/2 of total of Item#1
Request for Conditional Acceptance of Termination of
10 Grading $30 0
11 Filing of Delegation of Authority $30 0
12 City response to spill Direct Cost+25%of Direct Cost
Storm Water Sampling Conducted By City at Industrial or
13 Commercial Site Direct Cost+25%of Direct Cost